Posted On: September 29, 2009 by Steven J. Malman

Wood River Man Says Employer Fired Him for Filing Illinois Workers’ Compensation Claim

A plumber who smashed his hand while moving equipment says his company fired him for filing for Illinois workers’ compensation. Wes Amerson is seeking over $100,000 plus punitive damages over $50,000, in addition to other relief.

Amerson says that on May 8, Mark Eberhardt, doing business as B & W Heating and Cooling, called him while he was in an Alton emergency room after his work accident and tried to get him to report his injury under Eberhardt’s general medical insurance plan as a non-accidental injury.

Amerson says he refused and asked for workers’ compensation carrier information so he could notify his doctor. Amerson claims Eberhardt wouldn’t give him the information. He says that on May 12, Eberhardt called him and inferred that the information the injured worker had written on the accident form was inaccurate. Amerson claims that Eberhardt then fired him for, according to the lawsuit, “asserting his rights under the Illinois Workers’ Compensation Act.”

Amerson says he suffered emotional trauma and lost income because he was fired.

Illinois Workers' Compensation
Your employer is not allowed to fire you because you filed a claim for Illinois workers’ compensation benefits. Most workers who get injured or sick because of their job are entitled to these benefits.

Unfortunately, disputes do arise. An employer may deny an employee's work injury claim or decrease/delay the amount of benefits owed. This is unacceptable, and there are ways to make sure that you receive all of your workers' compensation payments in a timely manner. In some instances, a workers' compensation claim may have to be argued before the Illinois Workers' Compensation Commission. Because injured workers generally cannot sue their employer for personal injury it is very important that they receive their worker injury benefits.

Plumber says he was fired after filing work comp claim, The Record, September 29, 2009


Related Web Resources:

Illinois Workers' Compensation Commission

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