W&W Transport employee claims wrongful termination following work-related injuries

Kelly Holleran Aug. 28, 2012, 9:25am


A man alleges his employer wrongfully terminated him after three work-related injuries and two workers' compensation claims.

Mark Rodney claims he was working as a manual laborer for defendant W & W Transport when he sustained a flap laceration on his right middle finger on Aug. 21, 2009. Rodney eventually settled a workers' compensation claim on Dec. 27, 2010, but did not miss work, according to the complaint filed Aug. 22 in Madison County Circuit Court.

On June 4, 2010, Rodney sustained a low back injury while riding on an air ride seat in a truck, the suit states. Again, he settled a workers' compensation claim on Jan. 14, 2011, the complaint says. Because of the injury, Rodney claims he was placed on temporary total disability upon his return to work until Dec. 27, 2011, when he was released with light duty restrictions.

Again, Rodney sustained an injury while working on Sept. 30, 2010, the suit states. He suffered a large corneal abrasion to his left eye and was ordered to avoid dusty work environments, according to the complaint.

"That while the plaintiff highly considered filing a workers' compensation claim as a result of his work-related eye injury, he decided not to file a workers' compensation claim because he was fearful of being terminated for filing a third workers' compensation claim within three years," the suit states.

Despite his refusal to file for the compensation, Rodney was fired from W&W on March 11, 2011, the complaint says.

Because of his job loss, Rodney claims he lost wages, suffered emotional distress and anxiety, incurred costs in securing subsequent employment and endured humiliation and distress. He also claims he has been unable to secure similar employment since his termination.

In his complaint, Rodney seeks a judgment of more than $50,000, plus compensatory and punitive damages and costs.

Christopher M. Donohoo of The Donohoo Law Firm in East Alton will be representing him.

Madison County Circuit Court case number: 12-L-1337.

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