Chicago Workers' Compensation Attorney Blog

A Cahokia man has filed a lawsuit seeking more than $100,000 in damages after alleging he was fired for filing an Illinois workers' compensation claim.

The St. Clair Record reports the man began working for Allied Services in August 2008 and was fired on Nov. 12. The employee claims in a lawsuit that he was terminated after filing a workers' compensation claim as the result of an Illinois work accident suffered on Sept. 4. The man reported the accident, received medical treatment, filed a workers' compensation claim, took time off work and received benefits before being fired.

The lawsuit was filed in St. Clair County Circuit Court on May 24.

"The Plaintiff was terminated from his employment with the Defendant in retaliation for exercising his rights under the Illinois Workers' Compensation Act when he was terminated under the pretext of leaving work without notification and a reduction in the work force but was actually terminated due to his exercise of rights under the Illinois Workers' Compensation Act since the absences were due to his work related injury," the lawsuit states.

The employee said the termination cost him substantial lost wages, the loss of his medical and dental insurance, his accrued sick and vacation time, seniority and his 401(k) and pension benefits.

The current economic environment has employers on an unprecedented drive to seek cost savings and reductions in work force whenever possible. The U.S. Bureau of Labor Statistics reports employee productivity increased 2.8 percent in the first quarter of 2010 while per-unit labor costs declined by 1.3 percent. Productivity has shot up more than 6 percent in the last year, the largest increase in nearly a decade. Meanwhile, the unemployment rate in April increased in 291 or the nation's 372 largest metropolitan areas.

From a practical standpoint, employees are afraid to lose their jobs, and in some cases such fear can make them hesitant to report a work injury. Meanwhile, employers continue to squeeze more work from fewer employees, leading to a greater risk of a work accident. Additionally, the current downsizing trend too frequently masks an employer's decision to shed workers who have been injured or are costing a company money through workers' compensation benefits.