Man alleges wrongful termination after filing for work comp benefits

A former employee of Brandsafway claims he was wrongfully terminated for seeking worker’s compensation benefits after he was injured on the job.

Plaintiff Fred Skelton filed the lawsuit in the Madison County Circuit Court against defendant Brandsafway, LLC formerly known as Safway Services, LLC, citing retaliatory discharge in violation of the Illinois Worker’s Compensation Act.

According to the lawsuit, Skelton was hired by Safway Services in October 2017 to work at the Wood River Refinery in Roxana. Skelton claims that on May 1, 2019, he was injured on the job.

Skelton claims he suffered a temporary disabling condition and informed his employer that he was going to file for worker’s compensation. The lawsuit states that Skelton had recovered enough to return to work on Aug. 21, 2021. The lawsuit states that his employer directed him to complete a background check, a drug test, and get recertified.

Skelton claims he completed the requirements on Dec. 21, but he claims he was never called to return to work and believes he was effectively terminated in retaliation for filing a worker’s compensation claim.

The plaintiff alleges the defendant violated the Illinois Worker’s Compensation Act by terminating him in retaliation for rightfully claiming workers compensation benefits.

Skelton is seeking damages in excess of $50,000 for lost wages, benefits, costs associated with securing new employment and mental anguish, plus court costs and any other relief the court deems proper.

This article was first published in Madison Record.

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