Duffield, Lovejoy & Boggs, Attorneys at Law - Huntington Personal Injury Attorney

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Man files lawsuit after getting fired

Workers in West Virginia who experience work-related illnesses or injuries should be able to trust that they will receive not only adequate care but fair treatment from their employers as well. One form that such fair treatment may take is the acceptance by an employer of any workers’ compensation claims that may be filed. Another is proper communication about job responsibilities and any shifting that may occur.

Sadly, one man in West Virginia may not have had the luxury of being properly treated by his employer after experiencing a hernia. The hernia occurred in the spring of 2015. The man did file for workers’ compensation benefits for the hernia. A few months later, he returned to work but without fully knowing what he may be doing. Reports indicate that his employer was somewhat vague in what may happen upon his return to the company.

Once back at work, he learned that his position was being filled by another employee with only one year’s worth of experience. The injured man had worked for the company for nearly three decades. In addition, he was let go from not just the one position but from the company in all. As a result, he has initiated a lawsuit seeking damages that include the benefits and wages that he should have earned.

Situations like these illustrate the sometimes delicate nature of making workers’ compensation claims. Talking with an attorney before filing for these benefits may be helpful to injured or ill employees.

Source: West Virginia Record, “Worker accuses construction products firm of retaliatory discharge,” April 18, 2016

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