EAST ST. LOUIS – A forklift operator is suing an Edwardsville business alleging he was terminated for filing a workers' compensation claim.
Rodney W. Hayes Jr. filed a complaint on May 17 in the U.S. District Court for the Southern District of Illinois against D.B. Schenker Inc. alleging that the freight broker allegedly violated the Illinois Workers' Compensation Act.
According to the complaint, the plaintiff alleges that on Oct. 11, 2015, he was injured when a stand-up forklift he was operating failed to brake, running over his toe and fracturing it. After a week, the suit states he filed a compensation claim and recovered approximately $1,000. Two hours prior to returning to work on Nov. 17, 2015, he allegedly was notified that he had been terminated. The plaintiff holds D. B. Schenker Inc. responsible because the defendant allegedly terminated his employment in retaliation for using his workers' compensation benefits.
The plaintiff requests a trial by jury and seeks judgment against defendant in an amount of more than $75,000, punitive damages, attorneys' fees and costs of litigation and such other and further relief as the court deems just and proper. He is represented by Lawrence P. Kaplan and Susan Kister of Kaplan Associates LLC in St. Louis.
U.S. District Court for the Southern District of Illinois case number 3:16-cv-00552