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Former employee accuses Schenker of violating Workers' Compensation laws

By Noddy A. Fernandez | May 26, 2017

EDWARDSVILLE — A former forklift operator is suing a freight traffic company, citing alleged wrongful termination as retaliation for filling for Workers' Compensation benefits.

Joseph Mitchell filed a complaint on May 16 in the Madison County Circuit Court against Schenker Inc., alleging the defendant violated the Illinois Workers' Compensation law.

According to the complaint, the plaintiff alleges that on June 23, 2015, while performing his job duties at the defendant's Edwardsville warehouse, he injured his left arm and was informed by his physician that he had nerve damage. 

Mitchell claims he filed for Workers' Compensation but was denied his health coverage rights and was later terminated from his employment. 

As a result, Mitchell claims he suffered loss of salary, benefits, emotional distress and humiliation. 

The plaintiff alleges the defendant refused to approve the medical operation needed for the injury, failed to provide plaintiff his rights to file for Workers' Compensation benefits claims and failed to compensate plaintiff for injuries caused at the time of his employment.

The plaintiff requests a trial by jury and seeks judgment for actual and punitive damages, attorneys' fees, court costs, other damages less than $75,000 and any additional relief to which he may be entitled. 

He is represented by Douglas J. Winters of Sher Corwin Winters LLC in St. Louis.

Madison County Circuit Court case number 2017-L-000663

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