Posted On: April 16, 2009 by Steven J. Malman

Worker Who Filed for Illinois Workers’ Compensation Says He Was Wrongfully Terminated

A man who used to work for Morgan’s Food is suing the company. Tommy A. Loftis says he was wrongfully terminated as retaliation because he had filed an Illinois workers’ compensation claim.

Loftis says he got hurt during a work accident on June 20, 2008. As a result, he claims he could not perform his job and became temporarily disabled. He then filed for workers’ compensation benefits.

In his Illinois lawsuit, Loftis contends that his former employer disregarded his rights and punished him because he pursued his rights under the Illinois Workers’ Compensation Act. Loftis says that because he was fired, he experienced loss of benefits, loss of income, emotional trauma, pain, and suffering. He is seeking a judgment of over $100,000 plus costs.

Under federal and Illinois laws, it is illegal for companies to take retaliatory action against a worker because he or she filed a claim for workers’ compensation benefits. Unfortunately, such incidents of retaliation do happen.

Examples of ways in which an employer might try to get back at a worker for seeking to obtain workers’ compensation benefits:

• Firing the worker
• Giving him or her a poor job performance review
• Purposely not promoting the worker
• Making threats
• Isolating the worker
• Giving the worker less desirable work or reassigning/transferring the employee
• Giving the worker more or less work
• Disciplining the worker for no justifiable reason
• Getting back at other coworkers who are cooperating with an investigation into the injured worker's case
• Providing the worker with negative employment references

Illinois workers’ compensation law is there to ensure that workers get compensated for their injuries that they sustain on the job—regardless of who is at fault—and also lets employers rest easy without the fear that a worker will sue them for personal injury or wrongful death. Employers are not allowed to deny employees their workers’ compensation benefits.

Food worker claims retaliatory discharge, The Record, April 15, 2009

Related Web Resource:

Illinois Workers' Compensation Act

Bookmark and Share

Watch Our Videos

Recent Entries