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Injured Illinois construction worker files for workers’ comp, fired

On behalf of Jeffrey Frederick of Frederick & Hagle posted in Construction Workers’ Accidents on Thursday, November 15, 2012.

It seems that there is no shortage of construction accidents around the nation, and Illinois is no exception. Construction accidents can be devastating in nature because of the heavy machinery and the inherently dangerous environment the workers operate within. One Illinois construction worker was diligently working at his post at a site along Interstate 55 when he sustained serious injuries.

Although the nature and cause of the injuries is not immediately apparent from a local source, the man did contact his supervisor regarding the happenings. The man’s supervisor told him that his options were visiting an urgent care clinic and paying for it with his own benefits, or he could file a workers’ compensation claim. The injured worker’s supervisor appears to have attempted to coach the man to not file a workers’ compensation claim, telling the victim that he would incur additional costs by doing so.

When the man went to get evaluated by his family doctor, the doctor asked for a workers’ compensation claim number. At that time the man realized that he needed to file a claim, and notified his supervisor who responded by saying, “This is going to complicate things.”

It appears the company, The Killian Corporation, is the party that complicated things. They refused to pay the victim’s temporary disability benefits, would not let him return to his post and eventually terminated him.

Injured construction workers are absolutely within their rights to seek benefits after a workplace injury. These benefits should cover medical expenses relating to the injury, as well as provide replacement income during recovery. Further, employees are not allowed to be fired for filing a claim of this nature. Unfortunately, not all employers adhere to these laws and many injured workers are unaware of their rights. An attorney can aid an injured worker in receiving their due benefits, or attempt to ensure the victim sees compensation in the face of wrongdoing by the company.

The injured worker in this case filed a complaint against the company seeking lost wages, benefits, compensatory and punitive damages. The outcome of this case remains to be seen, but if successful, this injured worker could see financial compensation for the ordeal and his injuries.

Source: The Madison-St. Clair record, “Construction worker says he was fired after filing work comp claim,” Kelly Holleran, Nov. 14, 2012

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