West Virginia Record

Friday, April 3, 2020

Man says he was injured on four-wheeler, sues former employer

By Joel Brakken | Dec 18, 2013


PINEVILLE - A man is suing, claiming he was discriminated against and terminated due to his work-related injury.

Charles W. Kidd filed a lawsuit Dec. 6 in the Circuit Court of Wyoming County against Exco Resources LLC.

Kidd says on Aug. 2, while working within the scope and course of his employment, he had an accident while driving a four-wheeler to a well site, injuring his knee.

He states he promptly informed his supervisor in accordance with the employee policy at which time he was told "just go home, you'll be alright." On Aug. 3, Kidd sought medical treatment of his injury and learned he had damaged his ACL in the accident, he says.

According to the complaint, he initiated a Workers' Compensation claim on that date. According to the complaint, on Aug. 5, Kidd returned to work wearing a leg brace and on crutches, with a return-to-work slip allowing him to work light duty.

He claims the district supervisor informed him that he had been terminated on the basis that he had experienced three work-related accidents or incidents within the preceding 12 months. Kidd claims the other accidents were minor, not his fault and occurred more than one year prior to his work-related injury, and he believes that reason for his termination was based on unlawful and discriminatory reasons.

Kidd is seeking damages including lost wages, benefits, back pay, front pay and other damages. He is being represented in the case by attorneys Christopher J. Heavens and James D. McQueen Jr.

Wyoming County Circuit Court Civil Action No. 13-C-196

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