Miner sues Prairie State claiming retaliatory discharge over work comp claim

A mine worker is suing his employers claiming he was terminated after filing a workers' compensation claim.

Nathan Loucks brought suit against Prairie State Generating Company LLC (Lively Grove Mine) and Custom Staffing Industrial of Evansville, Ind. in St. Clair County Circuit Court on March 9, claiming breach of employment law involving a work incident two years ago.

Prairie State Generating Company is an electric service company with more than 100 employees located in Marissa. The worksite, Lively Grove Mine, is situated between Belleville, Centralia and Perryville, Mo.

According to the filing, Loucks was injured at work in Washington, Ill. on March 20, 2013, and was terminated the next day, on March 21. The plaintiff claims he was fired as a direct result of his pursuit of workers' compensation.

The suit contends that the defendant stated the reason for Loucks’ dismissal was “not following procedures." The plaintiff argues in turn that the response was merely a pretext for avoiding conformance with regulations.

Citing deliberate pecuniary and emotional harm, Loucks is seeking punitive damages in excess of $50,000, plus attorneys’ fees and costs.

He is represented in the case by Brian McGovern of Hanagan & McGovern of Mt. Vernon.

St. Clair County Circuit Court case number: 15-L-134