Man claims he was fired for filing for worker's comp claim

David Yates May 29, 2007, 9:00am

Lindsay & Morgan

Injured on the job, Robert Shaw Sr. alleges his former employer, Atlantic Scaffolding Co., fired him for filing a worker's compensation claim. Shaw is now suing the scaffold company for wrongfully terminating his employment.

Shaw filed his lawsuit against Atlantic with the Jefferson County District Court on May 25. Judge Gary Sanderson, 60th Judicial District, has been assigned to the case.

According to Shaw's petition, on Oct. 3, 2006, he injured his chest while working for Atlanatic Scaffolding. He then "refused assistance to receive medical treatment by employees on duty at (the company)."

Instead, Shaw sought outside medical treatment after finishing his shift, the suit said.

"Defendant would not provide verification of worker's compensation and was also told not to return to work until the following Monday," the suit said. "That Friday, however, his employment was terminated.The defendant responded (to the medical claim) by terminating his employment in retaliation," the plaintiff alleges.

Shaw says Atlantic's alleged "retaliation" move is a violation of the Texas Labor Code.

"As a proximate result of the statutory violations committed by defendant, plaintiff has sustained actual damages consisting of mental anguish damages in the past, present and future, and loss of wages in the past," the suit said. "For all such damages, plaintiff now sues."

Shaw is demanding a trial by jury. He is represented by attorney Timothy Sawyer of the Lindsay & Morgan law firm.

Case No. B179-376

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