Fired after getting injured at work
Fired after filing a workers compensation claim
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Caras Law Group have worked with many victims of retaliatory discharge. Retaliatory discharge by an employer can occur at any time without notice. As the employee, you may not be at fault for your termination.
For example, if your employer fired you after you filed a workers’ compensation claim, after you sought treatment for an on the job injury or after you filed a discrimination charge, you may be entitled to a settlement, or even more. To file a successful retaliatory discharge case you must meet the three elements as listed below:
1. You were an employee before your injury;
2. You filed a workers’ compensation claim or sought treatment for your injury;
3. You were fired from your job because you filed a workers’ compensation claim or sought treatment for your injury.
Furthermore, an employer may not act against an employee who discloses information in a court, an administrative hearing, or in any other proceeding. An employer also may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal law, rule, or regulation.
If you believe you have been wrongfully terminated from your job in retaliation, please contact Caras Law Group immediately. We will provide you with a free consultation and case evaluation, helping you take the necessary steps to move forward with legal action.
Verdict Obtained by Caras Law Group
Publication: Cook County Jury Verdict Reporter
RETALIATORY DISCHARGE FOR FILING WORKERS’ COMPENSATION CLAIM
Danny Smith v Bally Total Fitness 04L-5407 Tried Feb. 6-10, 2006
$165,121 compensatory damages ($65,121 lost wages; $100,000 emotional distress), $1,500,000 punitive damages.
Special Interrogatory: Was plaintiff discharged in retaliation for exercising his rights under the Workers’ Compensation Act? “Yes.” Judge: Barbara A. McDonald (IL Cook-Law) Pltf Atty(s): Dean J. Caras of Dean J. Caras & Associates.
DEMAND: $225,000 ASKED: $2,665,121 Deft Atty(s): Allen P. Walker and Kathryn M. Woodward of Green & Letts OFFER: $50,000
Plaintiff M-43, formerly employed as a maintenance mechanic at Bally Total Fitness in Calumet City, contended he was fired by deft Bally on Jan. 20, 2004, in retaliation for filing a Workers’ Compensation claim ($65,121 LT 20 months). Plaintiff testified that the Regional Maintenance Director told him the reason for his termination was that his injury was costing the company too much money. PM also testified he was terminated the day before his scheduled surgery for the work injury. Defense argued that plaintiff was fired for violation of company policy (theft and fraud) and denied he was terminated for filing a camp claw. Court barred evidence of future lost wages and future emotional distress.
Sexual Harassment/Retaliatory Discharge: $450,000 for a 41 year old woman that was fired in retaliation of her reporting sexual harassment to the Equal Employment Opportunity Commission. Her settlement included 2.5 years of lost wages, emotional distress, and damage to her reputation.
Whistleblower/Retaliatory Discharge: $175,000 for a 36 year old health club employee who was terminated in retaliation for filing a workmen’s compensation claim. We were able to prove through emails that the employer fired the employee in retaliation for her getting injured on the job and filing a claim with the Illinois Industrial Commission to pursue compensation for her work injuries.