Robert Schmiskie, Jr. filed suit against Prairie Farms Dairy (PFD) July 21, in St. Clair County Circuit Court alleging his former employer fired him after he collected benefits under the Illinois Workers’ Compensation Act.
Schmiskie claims he injured himself at work on June 23 and was rendered unable to perform his regular duties because he was totally disabled. On July 7, PFD discharged him, he claims.
According to the complaint, Schmiskie suffered a loss of income, a loss of benefits, and has suffered pain and suffering including emotional distress.
“With the full knowledge of the provisions of the Illinois Workers’ Compensation Act, PFD willfully and wantonly and with the callous disregard for the rights of Schmiskie, Jr., willfully and wantonly discharged Schmiskie, Jr. from its employment in punishment for the pursuit of his rights,” the complaint states.
Schmiskie is seeking damages in excess of $50,000, plus punitive damages in excess of $50,000. He is represented by Jon Rosenstengel of Belleville.
05 L 425 (20th Circuit)