Workers’ Compensation Complaint

IN THE CIRCUIT COURT IN AND FOR

ALACHUA COUNTY FLORIDA

 

REDACTED,

 

Plaintiff,

v.

 

REDACTED d/b/a

REDACTED,

 

Defendant.

 

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Case No.:

 

      

COMPLAINT

            Plaintiff, Redacted, sues the Defendant, Redacted  Co. (“Redacted”) and states:

JURISDICTIONAL STATEMENT

            1. This action for monetary damages, for declaratory and injunctive relief, and for other equitable and ancillary relief is brought pursuant to §440.205 of the Workers Compensation Act.

2. Plaintiff is a U.S. citizen and a resident of Florida.

3. Defendant Redacted REDACTED (“Defendant”) is a corporation authorized to do business in the State of Florida and doing business in Alachua County.

4.  Defendant is an “employer” as that term is defined under §448.l01 and §440.02, Florida Statutes.

5. Plaintiff fulfilled all prerequisites to bringing this action.

6.  On or about July 20, 2008, plaintiff was injured at work as he slip and fell on a dinner plate.  Plaintiff worked as a cook.

7.  Immediately after falling, Plaintiff reported the injury to his supervisor (whom also witnessed the fall).  Subsequently, Plaintiff sought medical treatment and made a worker’s compensation claim.

8.  Within a week after being injured, the Plaintiff was fired for false reasons.   The motivating factor was Plaintiff’s worker’s compensation claim.

9. Plaintiff has suffered damages because of the Defendant’s actions.  Specifically, as recognized by the Defendant and/or its agent/insurer, Plaintiff would have been eligible for additional worker’s compensation benefits.

COUNT I- §§440.205, FLA. STAT.

FLORIDA WORKERS’ COMPENSATION ACT

RETALIATION

 

            10. The Plaintiff realleges Paragraphs 1 through 9.

11.  The foregoing actions of Defendant constitute retaliation against Plaintiff in violation of the Florida Workers’ Compensation Act, §440.205, Fla. Stat.

12.  Defendant’s actions included discharging Plaintiff because of his valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law.

13.  Defendant terminated Plaintiff in retaliation for his workers’ compensation claim.

14.  Plaintiff has suffered damages because of the Defendant’s actions.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for the following relief:

(a) that process issue and this Court take jurisdiction over this case;

(b) judgment against Defendant and for Plaintiff awarding punitive and compensatory damages against Defendant for the Defendant’s violations of law enumerated herein;

(c) judgment against Defendant and for Plaintiff permanently enjoining Defendant Tropic Star Seafood from future violations of law enumerated herein and remedying all past and future lost income, raises, and other benefits of which Plaintiff has been unlawfully deprived;

(d) prejudgment interest;

(e) judgment against Defendant and for Plaintiff awarding Plaintiff his attorneys’ fees and costs; and

(f) all equitable relief that is allowed by law.