Worker claims firing was over comp claim, not result of drug test

Andrea Dearden May 2, 2012, 2:18am

A St. Clair County man says he was fired from his job with a construction company as retaliation for filing a workers' compensation claim.

Kevin Cook filed a lawsuit against Rehkemper & Sons Inc. April 13 in St. Clair County Circuit Court.

Cook says he was working for Rehkemper & Sons in February 2011. He says he was helping to build trusses when an on-the-job accident caused his lower leg to be broken. Cook claims the injury required emergency surgery and an eight-day hospital stay. The same day he was hurt, Cook says Rehkemper required him to take a drug test.

After several surgeries and rehabilitative therapy, Cook says his doctor released him to work again in September 2011. After one day back on the job, Cook says Rehkemper fired him, claiming the results of his drug test taken seven months prior was the reason for his dismissal.

Cook contends the drug test was not the reason for his termination.

Instead, he says he was let go because of his attempt to receive workers' compensation benefits. Cook accuses Rehkemper of retaliatory discharge and asks for more than $50,000 in damages for lost wages along with punitive damages and court costs.

Attorney John H. Leskera of Collinsville is representing Cook.

St. Clair County Circuit Court Case No. 12-L-187

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