Workers’ compensation or not? Man files suit against employer

On Behalf of | Feb 26, 2016 | Workplace Injuries |

On Sept. 25, 2015, an employee of Tristar Risk Management, filed a lawsuit against his employer and one employee. According to the lawsuit, the man claims that he was deprived of proper medical care for work-related injuries and that the defendants had a willful disregard for those injuries.

The man’s employer recently filed a motion asking the court to dismiss the lawsuit. In addition to their claim about commingled claims by the defendant, they believe the man should have filed a claim with the Industrial Commission. This was after the man filed an amended petition on Nov. 5, 2015. The amended petition asks for more economic damages, amounting now to a total of $728,786. The $550,000 the man wants for noneconomic damages is the same. Another amended petition on Dec. 21 seeks damages for intentional infliction of adversity, intentional infliction of monetary damages and intentional infliction of emotional distress.

The man dismissed the employee named in the lawsuit. He maintains that the lawsuit is not the result of the work-related injuries, but the defendant’s alleged wrongful removal from medical treatment. He claims that after he was injured, he received poor medical treatment by the professionals his employer assigned him to see. Because of this, he alleges that the defendants were negligent and that negligence made his injuries worse.

The judge granted the man’s request and an April 27 case management conference has been set.

The defendant filed a notice of removal on Jan. 13 to move the case to the U.S. District Court for the Southern District of Illinois.

Workers’ compensation is meant to cover the costs of medical care, lost wages, temporary and permanent disability and more for workers that are injured on the job. An attorney can help you file an appeal if your workers’ compensation claim is denied. He or she will also be able to tell you if you have a claim against your employer.

Source:, “Employer claims Staunton man bypassed Workers’ Compensation Act with million dollar lawsuit,” Heather Isringhausen Gvillo, Feb. 16, 2016

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