Worker fired after injury: Jury awards him $3.6M

August 4, 2011 by Fred Hosier

Posted in: Back/lifting injuries, cost of safety, In this week's e-newsletter, Injuries, Latest News & Views, new court decision, Workers' comp

Did this company fire a worker for seeking medical treatment for a workplace injury, or was this a case of miscommunication? A jury made the call.

Larry Holland, a facility supervisor at Schwan’s Home Service in Benton, IL, injured his back at work in August 2008. He worked with back pain until January 2009 when doctors told him to cut back his hours.

Doctors said Holland should take time off for physical therapy beginning March 28, 2009. He was cleared to return to work three weeks later, but then he was fired.

Schwan’s claimed Holland voluntarily ended his employment by not accepting a demotion.

However, emails displayed at trial showed Schwan’s management trying to make up a reason to fire Holland once his Family Medical Leave expired.

The jury found Schwan’s corporate officials fired Holland for seeking medical care for the workplace injury and awarded the employee $3.6 million in punitive damages.

Holland’s attorney, Tom Crosby, said, “The whole issue is employers trying to retaliate because a person is exercising their rights” to medical care for a work injury.

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Tags: back injury, back pain, Family Medical Leave, physical therapy, punitive damages, seek medical treatment

Brian Collison

This is happening to my brother. Safeway (SWY) may or may not be aware their attorney is stalking my brother. We live in Maryland so I don’t think there is a lawyer whom is not corrupt. My brothers attorney keeps talking and talking with no success. It seems like breaking the law in maryland isn’t enough leverage for a lawsuit… Does that sound crazy? Maybe something more extreme is in order. In my opinion Safeway owes my brother $3.6M for black listing him from the employment market after breaking his back. I thought the wildwest railroad and cassino unions were gone.
JD

As long as the report of first injury was made at the time of injury Schwan should have made a way to have Holland care to at that time. If there is no report of first injury then Holland is on his own. Injuries happen in work places. Worker’s Comp is there for a reason. Mr. Holland should have reported his injury promptly. Schwann should have made Holland go in for Medical treatment right away – Soft tissue, back, and or neck – all three can become something big very quickly.