Worker sues Greenbrier Minerals over injury, discharge

By Robert Hadley | Mar 14, 2016

BECKLEY — A Fayette County man is suing his former employer, claiming the company created unsafe working conditions and fired him for a workers' compensation claim.

Brandon Kincaid filed suit in Raleigh Circuit Court against Greenbrier Minerals LLC, alleging a "deliberate intent" action and retaliatory discharge.

According to the complaint, while he was working for Greenbrier on Sept. 26, 2014, Kincaid suffered a traumatic blow to his back, allegedly from unsafe conditions the company knowingly allowed to exist on the worksite.

Kincaid filed for workers' compensation benefits, but claims Greenbrier retaliated by refusing to place him on light duty and transferring him to a different location. Kincaid says he was later fired.

The plaintiff seeks a jury trial and compensatory and punitive damages. He is represented by attorney Greg A. Hewitt of Fayetteville.

Judge Robert A. Burnside Jr. is assigned to the case.

Raleigh Circuit Court Case number 16-C-117-B

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