Worker says construction company fired him for filing workers' comp claim

Kelly Holleran Apr. 23, 2009, 8:56am

An Orange County man has filed suit against a construction company, alleging he was wrongly terminated in retaliation for filing for workers' compensation.

Scott Holmes says he was working for Mason Construction on June 14, 2007, when he sustained a severe and permanent injury to his body.

Initially, Holmes's safety supervisor drove him to Dr. Montet, then to a hospital, according to the complaint filed April 21 in Jefferson County District Court.

Later that day, Holmes returned to work, the suit states.

"Plaintiff continued to report to work even though the nurse could not sit in the same room with him because of the smell of infection," the suit states.

Holmes says he eventually chose his own doctor for treatment and was forced to have surgery to remove the infection from his finger.

Later, Holmes was terminated on July 12, 2007, in "retaliation against Plaintiff for pursing his workers' compensation," the suit states.

Holmes is seeking an unspecified judgment, plus pre- and post-judgment interest, costs and other relief to which he may be entitled.

He is represented by Clint Brasher of Beaumont.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Jefferson County District Court case number: A183-847.

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