Lawsuit Alleges Worker Fired for Filing Comp Claim

Thursday, March 10, 2016 | 0

A worker who claims he was fired after suffering an on-the-job back injury is suing an Ohio company for alleged wrongful termination and retaliatory discharge, according to a report by the West Virginia Record.

Craig Kitchen, in a lawsuit filed in Kanawha Circuit Court, is seeking punitive and compensatory damages against AWP Inc., Chuck Adams and James Patton.

After suffering a suspected compression fracture or spinal disc injury on Feb. 3, 2015, Kitchen filed a workers' compensation claim, according to the suit.

The suit states that about a week later, Kitchen told Adams, his supervisor, that his doctor had placed him on restricted duty until Feb. 23.

Adams then allegedly terminated Kitchen for failing to report the injury within the required time frame, the suit states.

The suit states Kitchen reported the injury Feb. 4, 2015, the day after it happened. 

The suit seeks punitive and compensatory damages.