Truck driver says he was terminated after work comp claim

Kelly Holleran Sep. 21, 2009, 10:18am

A Madison County man claims his employer fired him after he filed for workers' compensation benefits.

Brian Elkins filed a lawsuit Sept. 15 in Madison County Circuit Court against Eagle Express Lines, Inc.

Elkins was hired as a truck driver for Eagle Express Lines on April 26, 2008, according to the complaint.

While working on Oct. 25, 2008, Elkins sustained a back injury and was unable to work afterwards, the suit states.

After his injury, Elkins filed a workers' compensation claim, but was later fired on June 5 for "non-disclosure of certain medical history information," the complaint says.

"The Defendant wrongfully discharged the Plaintiff in retaliation for his having filed and pursued a worker's compensation claim with the Illinois Worker's Compensation Commission," the suit states.

Because of his termination, Elkins claims he has lost significant wages and benefits and suffered emotional distress and loss of enjoyment of life.

Elkins is seeking a judgment of more than $50,000, plus other relief the court deems just.

Greg Roosevelt of Roosevelt Law Office in Edwardsville will be representing him.

Madison County Circuit Court case number: 09-L-977.

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