Posted On: January 22, 2010 by Steven J. Malman

Truck Worker Says Company Fired Him for Filing for Workers’ Compensation Benefits

A former employee is suing Metro Truck and Trailer Repair for compensatory damages, punitive damages, unpaid overtime pay, liquidated damages, and other costs. Stephen Ryan says that his former employer fired him because he filed a workers’ compensation claim. He is also accusing the trucking company of not properly paying workers for all of their overtime hours.

Ryan says he got hurt on the job on December 5, 2008. He says he told the foreman he would need to take time off so he could undergo surgery. Ryan claims that the foreman then started treated him in a less favorable manner than the other employees. He also allegedly told one of Ryan’s coworkers that he was planning on firing him.

Ryan had to tell his boss in July 2009 that he needed more time off because of his work injury. In August, the truck company fired him.

Ryan claims that his rights under the state’s Workers’ Compensation Act were not upheld and as a result, he suffered distress, mental suffering, and humiliation. He also says he lost wages.

Illinois Workers’ Compensation Act
Under state law, a worker cannot be fired for availing of his Illinois workers’ compensation benefits. Employees are protected from personal injury lawsuits from workers injured on the job. They should, however, pay the workers’ compensation that an injured employee is entitled to under state law. Unfortunately, an employer/insurer may offer reasons for why you shouldn’t receive your work injury benefits. This is unfortunate for the worker, who must take time off work, resulting in reduced or no pay, and deal with costly medical expenses.

Metro Truck worker claims retaliatory discharge, unpaid overtime, Madison Record, January 21, 2010

Related Web Resource:
Illinois Workers' Compensation Act (PDF)

Workplace Injury, Illness, and Fatality Statistics

To ensure you receive all of your work injury benefits in Cook County, Will County, DuPage County, and Lake County, contact an experienced Chicago, Illinois workers’ compensation law firm.

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