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Retaliatory Discharge

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TR76

Member
What is the name of your state? IL

What information would I need to have prepared for a consult with an attorney for Retaliatory Discharge? The employer is located in MO and I hear the chances are not good for this kind of case.
 


TR76

Member
I'll try to summarize:

Husband worked for contractor in MO and was hurt on the job in mid-December of 06 (not his fault, someone on the job injured him, and several other people OT). He was asked not to fill his prescription for pain medication although he could have used it, so they could avoid a workers comp claim. He was on a special shift where he was working 7 days a week, 12 hours at night so he was making 4x or more his normal wage however, they agreed to pay him that amount while he sat home. He was required to come to weekly or more Dr appointments with an occupational therapist, though. They also did not do an MRI to rule out more extensive injury because the swelling appeared to go down. He did offer to go into the office for light duty during this entire time but they said not to worry, they would take care of him. 3 weeks later, he returned to work. They told him he wasn't getting paid for that entire time and tried making up excuses but the bottom line is they agreed and were not holding up their end of the bargain. Two days into going back to work, he was full-duty but his knee started to hurt again so he told the safety supervisor. They didn't want to do anything and then refused again to pay him (they owed him some $2800+). Had he filed workers comp, he'd at least been collecting that amount rather than nothing which they expected us to just take and not question. He went to the headquarters for his company that day and asked to speak with the head of safety. That man told him that he OK'd the payment as originally agreed to the superintendant on the job but decided on his own not to pay my husband. After that meeting, he was laid off. He cannot get ahold of anyone there to get an explanation. Therefore, we arrived at Retaliatory Discharge.
 

Beth3

Senior Member
Your husband should speak with a worker's compensation attorney asap. There appear to be a number of statutory violations including the employer's failure to report the injury to their WC carrier (who subsequently report injuries to the State.) A lost time accident is automatically a "recordable injury" and must be reported.

If the employer wanted to continue your husband's wages while he was on leave rather than have the WC insurance carrier pay for his lost time, that's fine, but they still must report the claim. We don't know why your husband was laid off but if it was because of his injury (or subsequent complaints about not being paid), then that would be prohibited under your State's WC regulations.

TR76, don't worry about what to tell the attorney. He or she will ask your husband all the pertinent questions.
 

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