Man alleges mine fired him to avoid workers' comp claim

By April Bamburg | Aug 22, 2014

WHEELING -- An Ohio County man says after he was injured on the job and attempted to file a workers' compensation claim, he was prevented from filling out the paperwork and fired.

Joe Dillon filed a lawsuit July 14 in Ohio Circuit Court against TK Mining Services and Danny Herndon.

According to the complaint, the defendant company and its representative have violated West Virginia Code by discharging the plaintiff from his employment in retaliation for his attempted workers compensation claim.

Dillon says when he was injured on the job in May 2013 and attempted to file a workers' compensation claim, he was summoned to the office to meet with defendant Herndon and Joe Price, and was told his position was being terminated. Dillon also said the defendants did not release his final paycheck until mid-June 2013.

The defendants violated the West Virginia Human Rights Act's provisions on disability discrimination and retaliation by terminating his employment due to injury and failing to determine what accommodation he needed. Dillon is suing for wrongful termination, extreme and outrageous conduct and violation of the West Virginia Wage Payment and Collection Act in failing to pay plaintiff's wages within four business days of his termination.

The plaintiff is seeking a judgment for compensatory and punitive damages, along with costs, attorney's fees, pre- and post-judgment interest.

Dillon is represented by Nathan D. Brown of Brown Law Office P.L.L.C. in Williamson. The case has been assigned to Circuit Judge Ronald E. Wilson.

Ohio Circuit Court case number 14-C-203

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