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Wrongful Termination?

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TR76

Member
What is the name of your state? IL

This happened in Missouri but we live in Illinois.

My Husband works in construction and was hurt on the job last month. A younger, less experienced guy decided to ignore protocol and try to play superman, resulting in him tipping an entire metal cart containing a yard of cement onto my husband’s leg, doing damage to his knee. He was taken to the ER, went to the Dr several times and ultimately, returned to work about 3 weeks later. The day after the accident at his follow up appointment with the workers comp Dr, I was present when the safety official had said that if he could avoid filling the pain medication prescription, it would help them avoid filing a claim. That sounded shady to me but I was OK with that because they agreed to pay him his premium shift versus regular 40 hours. They promised to take care of him… he even offered to come sit in the job trailer and do safety handouts just so he could get paid. They said not to worry, he will be taken care of.

Once he went back to work, he received his first check and it was short – only 1/3 of what he was promised. Long story short, he disputed it, went over the project manager’s head because the amount of money was large and that day was told not to report back to that jobsite, that they’d find him another “home” to go to. It’s been more than 3 weeks now and after tens of messages to the hiring boss, he was basically told that he wouldn’t be allowed to go back to the other job because they were upset that he went over their heads. Now he is officially unemployed.

Does he have a case for wrongful termination against this company? All he wants to do is WORK but he is not eligible for unemployment and they’ve really screwed him over here. We cannot survive without his checks and it wasn’t even his fault that he was injured – that guy has not lost any pay or work time and is still employed, yet he hurt more than 3 guys directly with his actions on that jobsite.
 


mlane58

Senior Member
What is the name of your state? IL

This happened in Missouri but we live in Illinois.

My Husband works in construction and was hurt on the job last month. A younger, less experienced guy decided to ignore protocol and try to play superman, resulting in him tipping an entire metal cart containing a yard of cement onto my husband’s leg, doing damage to his knee. He was taken to the ER, went to the Dr several times and ultimately, returned to work about 3 weeks later. The day after the accident at his follow up appointment with the workers comp Dr, I was present when the safety official had said that if he could avoid filling the pain medication prescription, it would help them avoid filing a claim. That sounded shady to me but I was OK with that because they agreed to pay him his premium shift versus regular 40 hours. They promised to take care of him… he even offered to come sit in the job trailer and do safety handouts just so he could get paid. They said not to worry, he will be taken care of.

Once he went back to work, he received his first check and it was short – only 1/3 of what he was promised. Long story short, he disputed it, went over the project manager’s head because the amount of money was large and that day was told not to report back to that jobsite, that they’d find him another “home” to go to. It’s been more than 3 weeks now and after tens of messages to the hiring boss, he was basically told that he wouldn’t be allowed to go back to the other job because they were upset that he went over their heads. Now he is officially unemployed.

Does he have a case for wrongful termination against this company? All he wants to do is WORK but he is not eligible for unemployment and they’ve really screwed him over here. We cannot survive without his checks and it wasn’t even his fault that he was injured – that guy has not lost any pay or work time and is still employed, yet he hurt more than 3 guys directly with his actions on that jobsite.
An employer cannot legally have the the employee waive his right to filling a w/c/ claim. He needs to file a claim and complaint with the state workers comp board where the accident happened. From reading your post, it appears that his termination was in retaliation due to his injury. Don't wait and file a claim/complaint ASAP.
 

TR76

Member
So we file a claim with their (the company's) workers comp carrier and then a complaint with the state board?

I don't really know much about workers comp but is that going to address the issue of his being let go essentially, apparently as a result of the injury and his demand for proper compensation? How do we fight that?
 

ecmst12

Senior Member
Yes, you do both.

The worker's comp claim will be to get your husband's injury treated and compensation for his lost wages etc.

The complaint to the board will be to address the wrongful termination.
 

TR76

Member
Ok so I called the Division of Workers Comp for Missouri and was told they will not pursue anything other than a claim - they take no jurisdiction over complaints about his subsequent layoff.

Based on that, it looks like I have to go to a regular attorney if I want to find out what options we have. Does it appear that we have any case here to move forward?
 

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