Posted On: March 24, 2010 by Steven J. Malman

Worker who Filed Illinois Workers’ Compensation Claim Says Olin Brass Then Fired Him

William Worthen Jr., is suing his former employer. Worthen claims that Olin Brass let him go because he submitted an Illinois workers’ compensation claim. He filed his complaint against GBC Metal.

Worthen says that he sustained his work injury on January 3, 2010. He then filed for Illinois workers’ compensation benefits. He says that it was after this that Olin Brass fired him—even though the Illinois Workers’ Compensation Act makes it illegal for employers to fire workers for this reason.

Worthen is seeking over $100,000 plus costs. He says that because he was fired, not only did he lose benefits and income, but he also experienced mental pain and anguish.

Illinois Workers’ Compensation
If you were fired because you filed for Illinois workers’ compensation, you may have a retaliatory discharge claim on your hands. If you were fired for a reason unrelated to your work injury, your employer must still pay you the benefits that you are owed.

Just this January, the Illinois Supreme Court ruled that employers must still pay work injury benefits to a worker even if he/she was fired for reasons not related to the injury. For example, if a fired worker is still temporarily disabled because of a work injury, then the employee should still be getting workers’ compensation benefits.

Getting injured on the job and, in many cases, not being able to work is hard enough without worrying about medical bills, living expenses, and the loss of benefits. Do not give up on receiving the Chicago, Illinois workers’ compensation you are owed just because your employer denied you your benefits.

Olin Brass worker claims he was fired after applying for work comp, Madison Record, March 24, 2010

Interstate Scaffolding Inc. v. Illinois Workers' Compensation Comm'n, Illinois Supreme Court (PDF)

Related Web Resources:
Illinois Workers’ Compensation Act (PDF)

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