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Man Claims He Was Fired For Requesting Workers' Comp

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A man from Orange County believes that he was wrongfully terminated from his position at KDR Supply after he filed for workers' compensation benefits. The Southeast Texas Record reports that the former employee is now firing back at the oil company with a complaint that has been filed in Jefferson County District Court by a Texas employment lawyer.

The former KDR Supply employee, Darin Linscomb, claims that he requested workers' compensation benefits after he sustained injuries while working for the company. He says that he was then terminated because of the workers' compensation claim.

Through his wrongful termination lawsuit, the plaintiff is hoping to recover compensation for his termination injuries that include physical pain and suffering, mental anguish with physical manifestation, lost wages and a loss of earning capacity. Texas employment lawyer John S. Morgan representing him in the case.

The plaintiff's complaint was filed in Jefferson County on April 22 and the case has since been assigned to Judge Milton Shuffield, 136th District Court.

FindLaw states that a 2009 study conducted by the National Employment Law Project, UCLA and the University of Illinois showed that low-wage workers who are hurt on the job are routinely pressured not to file for the workers' compensation to which they are legally entitled. The study found that only eight percent of low-wage workers who experienced a serious injury at their job actually filed a workers' compensation claim. Perhaps some employees don't realize that they should be covered by workers' compensation insurance from the day that they're hired. Denying employees of this right can certainly lead to a legal claim

Related Resources:

  • Workers' Compensation Benefits in Today's Economy (FindLaw's KnowledgeBase)
  • Workers' Compensation - Resources (FindLaw)
  • Locate a Houston Employment Lawyer (FindLaw)

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