CHARLESTON – A man is suing over claims his employer falsely accused him of falsifying a workplace injury.

Shannon O. Phillips filed a lawsuit Sept. 24 in the Charleston Division of the Southern District of West Virginia against Norfolk Southern Railroad.

According to the complaint, Phillips was employed by Norfolk Southern Railroad when he attempted to release a hand brake and injured his back in March 2012, which was diagnosed as severe lumbar sprain.

Phillips says he requested an injury document from his employer to be delivered as he was immobile but the company failed to do so, and when he was in the hospital for an MRI when his back did not improve, doctors discovered he had cancer.

The complaint states Norfolk obtained unauthorized medical records from the hospital while Phillips was undergoing treatment, and the company accused him of falsifying a work injury through harassing letters and requested a hearing for not promptly reporting an injury.

The complaint also states Phillips was not paid for 2010 time slips, and after recovering from an eye problem, he was kept from work by the company's medical department despite his physician releasing him back to work.

The defendant is accused of harassing Phillips, assassinating his character and violating his HIPAA rights.

Phillips seeks reinstatement, pay for time slips unlawfully keeping him out of service in 2010 and punitive damages.

Southern District of West Virginia case number: 2:14-CV-26147

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