Filing for workers' compensation benefits gets worker fired
Anthony Sims, a former employee of Heidtman Steel Products, is claiming he was illegally terminated from his job after he sustained an on-the-job injury and filed for workers’ compensation benefits.
On May 13 Sims was working, when according to the complaint, he had an accident.
The suit states that the injury Anthony sims sustained left him unable to perform his work and he was and he was temporarily totally disabled for a period of time.”
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According to the suit, Mr Sims was allegedly discharged by Heidtman after applying for Workers’ Compensation benefits under the Illinois Workers' Compensation Act.
"With the full knowledge of the provisions of the Illinois Workers' Compensation Act as cited, the defendant herein knowingly, willfully, wantonly and with the callus disregard for the welfare and rights of the Plaintiff, discharged the Plaintiff from its employment by way of punishment for he continued pursuit of his rights under the Illinois Workers Compensation Act," the suit states.
Sims is claiming loss of past and future income and benefits, that he suffering mental and physical anguish, and has suffered from pain in the past which is expected to continue.
Sims is seeking $50,000, punitive damages of $50,000 and the costs of the suit.
In the lawsuit filed Aug. 22, Sims requested a 12-person jury. He is represented by Jon E. Rosenstengel of Bonifield and Rosenstengel in Belleville.
Under the Illinois Workers' Compensation Act it is unlawful for any employer or their Workers' Compensation insurance carrier to coerce, discriminate or retaliate against an injured worker for filing for Workers' Compensation benefits. If it can be proved that an employer fired or forced a resignation in retaliation for filing a workers' Compensation claim, the injured worker could file a civil lawsuit against his employer seeking monetary compensation for the firing.
If you believe you were fired in retaliation for filing a Workers' Compensation claim visit http://www.chicagolegalnet.com for a confidential case evaluation.
