A lawsuit has been filed alleging that a worker was fired after applying for workers’ compensation benefits.
Roger Johnson filed suit June 11 in St. Clair County Circuit Court, claiming that he was wrongly discharged. The plaintiff alleges that he was employed by defendant Commercial Transport when he sustained injuries on April 30, 2012. According to the complaint, Johnson filed for workers’ compensation benefits shortly after his injury.
The complaint alleges that Johnson’s employment was terminated after he applied for benefits, a violation of the Illinois Workers’ Compensation Act. The lawsuit states that Johnson lost wages and health and pension benefits and suffered mental anguish and damage to his reputation.
Johnson is seeking damages in excess of $50,000 as well as punitive damages in excess of $50,000, plus costs.
Under the Illinois Workers’ Compensation Act, an employer may not retaliate against a worker for exercising his or her rights in regards to workers’ compensation by discharging, harassing, refusing to rehire, or discriminating against the employee in any way, and violation of this provision may give rise to a cause of action in court.