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Former Sam's Club employee sues after alleged workers comp retaliation

Injury in the workplace can be devastating, both in terms of the medical costs and the suffering it causes. When injuries take place on the job, workers expect that their employer will support them in obtaining the compensation they need to recover and get back to being productive. This does not always happen, though.

A lawsuit filed in Kanawha Circuit Court last month by a former Sam's Club employee claims that the company fired him in retaliation for seeking workers' compensation. In his complaint, he said he was injured back in 2012 while pushing around a load of buggies from the parking lot to the store.

When the employee asked his manager for an application for workers’ compensation after the incident, he was apparently not given one. Eventually, after unsuccessfully asking for an application several times, he informed his manager he was going to miss work in order to have surgery to address his condition. In response, his manager became angry and hostile.  

Under state law, it is illegal for employers to retaliate against employees for seeking workers’ compensation. If it is adequately proven that the man’s employer actually retaliated against him for doing this, the company will be facing liability.

As we said before, employers don’t always make it easy on their employees to obtain the compensation they need to overcome workplace injuries. When this occurs, employees can obtain help from an attorney experienced in the area of workers’ compensation and who knows how to resolve such cases efficiently. 

Source: The West Virginia Record, “Former Sam’s Club employee says he was fired after seeking workers’ comp,” Thomas Kallies, March 20, 2014. 

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