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Employee seeks reparation for workers' compensation retaliation

Workers' compensation is a form of insurance. The idea behind workers' compensation is to establish a compromise between the interests of both employer and the injured employee. The worker is guaranteed certain limited coverage for medical bills and lost income and the employer gets a guarantee that the employee will not sue the company for any claimed negligence. So what happens in Illinois if the employee is fired after filing a claim for workers' compensation? A St. Clair County woman is suing to find out just that.

The employee is claiming her employer fired her in retaliation for filing a workers' compensation claim. She had worked in her job for approximately 8 years. She was seriously injured while working on May 28, 2010and immediately reported the injury to her boss. She filed the compensation claim and took time off from work. The following April she was fired. Her employer cited a decline in business and profit.

The woman counters that this retaliation firing caused her to lose income, medical and retirement benefits, as well as seniority. She also alleges she will miss out on dental insurance, vacation and sick days. The law suit against the employer seeks monetary damages for these losses, as well as for pain and suffering she claims to have endured due to the actions of the employer. The complaint seeks in excess of $100,000.

The woman counters that this was a retaliatory firing and caused her to lose income, medical and retirement benefits and seniority. She also alleges she will miss out on dental insurance, vacation and sick days. The lawsuit against the employer seeks monetary damages for these losses as well as for pain and suffering she claims to have endured due to the actions of the employer. The complaint seeks in excess of $100,000.

An employee who is injured on the job faces a myriad of problems. First and foremost is recovering from the injury. But in addition to all the doctor and hospital visits, the employee must also file the required paperwork for a workers' compensation claim and see that it is processed properly. For many people, the Illinois law pertaining to employee rights seems confusing and complicated. An attorney experienced in workers' compensation law may be of help in situations like these.

Source: The Madison Record, "Woman terminated after profits decline sues saying it was in retaliation for comp claim," Kelly Holleran, 20 July 2011.

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ITLA WCLA Illinois State Bar Association
Super Lawyers ABA- American Bar Association The Chicago Bar Association Founded 1874
 Workers' Compensation Lawyers Association Lake County Bar Association Recommended By Peers For Leading Lawyers Network