Injured worker files lawsuit claiming retaliation for filing workers compensation claim

Michelle Keahey, East Texas Bureau May 23, 2011, 4:57am

SHERMAN - A worker, who suffered a work-related injury, claims he was terminated for filing a workers compensation claim and has filed a lawsuit against his former employer.

Claiming violations of his civil rights and violations of the American with Disabilities Act, Eddie Morris Benton filed suit against Activa Products Inc. on May 11 in the Eastern District of Texas, Sherman Division.

According to court documents, in April 2009 Benton was injured in an on-the-job accident, in which several of his fingers on his left hand were amputated.

Approximately three months later, Benton was released to work and provided documentation to the President and owner of Activa. Benton states he was told to provide his cell phone number and that they would call him back to work shortly.

The lawsuit states that Benton never received any further contact from Activa. By Sept., Benton filed for unemployment and was denied because Activa stated Benton had quit.

The defendant is accused of disability discrimination, civil rights violations and retaliation for filing a Texas workers compensation claim.

The plaintiff is seeking damages for lost earnings, loss of earning capacity, loss of fringe benefits, loss of beneficial economic relationship, loss of ordinary pleasures of everyday life, mental anguish, emotional distress, back pay, front pay, exemplary damages, emotional distress, inconvenience, pain and suffering, interest, attorney's fees and court costs.

Benton is represented by Vincent J. Bhatti and Ditty S. John of The Bhatti Law Firm in Dallas.

A jury trial is requested.

U.S. Judge T. John Ward is assigned to the case.

Case No. 2:11-cv-00253

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