Everyone knows about workers' compensation and the fact that it is in place to protect people if they are injured on the job. It is not, however, grounds for termination of employment solely because of a workers' compensation claim. This appears to be the case for a Cahokia man who has filed a suit in St. Clair County against Amsted Rail Company.
The man that has filed the complaint claims that he filed a workers' compensation claim after he was hurt on his job. He is adamant in his contention that he complied with every condition laid forth for him to keep his job. Despite this, he was subsequently sent a letter stating that his employment with Amsted Rail Company had ended. The man claims that the decision on the part of Amsted Rail to fire him was out of retaliatory action for the workers' compensation claim.
The St. Clair County Circuit Court suit states that the man is accusing the rail company of violations of the Workers' Compensation Act. He is seeking upwards of $50,000 for lost wages, benefits and to recoup his court costs. While this case is still pending decision, the man has allegedly sought legal counsel for the pursuit of his claim.
This was the right move for this man to make, as a qualified attorney may be able to help him get what he is asking for in this case. As for others who may be facing the same tumultuous issue, they too would likely be best served to find a solid legal defense. Not only can a knowledgeable attorney file the necessary claims and paperwork for a workers' compensation lawsuit, but they may also be able to assist in the understanding of the laws that pertain to such cases and the rights that everyone has under them.
Source: The Madison Record, "Amsted Rail Co. sued by worker claiming retaliatory discharge," Andrea Dearden, Sept. 9, 2011