EDWARDSVILLE – A former Illinois Department of Transportation employee claims he was terminated for requesting worker's compensation benefits after he suffered injuries on the job.
Plaintiff Brian W. M. Orr filed the lawsuit in the Madison County Circuit Court against the Illinois Department of Transportation (DOT), citing negligence in violation of the Jones Act, wrongful termination and discrimination.
According to the lawsuit, Orr was employed by the IDOT to work as a deckhand on the M/V Belle of Calhoun ferry boat. As a deckhand, his job duties included bringing salt to the boat during cold weather to melt ice on the deck so people could walk about safely. Orr claims the salt was stored under a tarp with old tires on top to keep the tarp in place.
On Jan. 27, Orr was retrieving salt from the salt pile and pulled the tarp's rope to lift it when the rope suddenly broke, causing him to fall backwards and sustain serious injuries.
The lawsuit states that as a member of a crew of a maritime vessel, Orr has a valid claim of negligence under the Jones Act. The Act states that his employer has a legal duty to provide him with a safe place to work and to provide him with reasonably safe tools and equipment. According to the lawsuit, the defendant violated the Jones Act by not providing him a suitable rope.
Orr states that his injuries caused him sufficient pain and suffering, which necessitated the use of medical marijuana.
Following his injury, Orr made a claim for and received worker's compensation benefits, the lawsuit states. Orr alleges that on May 26, 2021, he was terminated from his employment under the pretext that he had tested positive for marijuana use. Orr claims he was in actuality terminated in retaliation for requesting worker's compensation benefits. He adds that he was also discriminated against due to his age. He was 53 years old at the time.
For personal injuries, pain and suffering, loss of current and future earnings, and incurred medical expenses, Orr is seeking damages in excess of $50,000, plus court costs, interest and any other relief the court deems proper. He is represented in this case by the attorneys of Wendler & Zinzilieta, P.C. in Maryville.
Madison County Circuit Court case number 2022LA001381