Workers’ Compensation/Retaliation Complaint

IN THE CIRCUIT COURT FOR THE EIGHTH JUDICIAL CIRCUIT

 IN AND FOR MARION COUNTY FLORIDA

CAMERON SAMPLE,

Plaintiff,

v.                                                                                                            Case No.

SAMPLE BUSINESS,

Defendant.

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COMPLAINT

             Plaintiff, CAMERON SAMPLE (herein after referred to as “Plaintiff”), sues Defendant, SAMPLE BUSINESS (herein after referred to as “Defendant”), and alleges as follows:

GENERAL ALLEGATIONS

1. This is an action for damages which exceeds $15,000.00, exclusive of attorneys’ fees, interests and costs.
2. Marion County, Florida is proper because the Plaintiff’s cause of action arose there.
3. Plaintiff is an individual who, at all times material, was employed by Defendant, a corporation authorized to do business in the State of Florida.
4. On August 8, 2008, Plaintiff was hired by Defendant as a security officer at Sample Regional Place.
5. On July 20, 2011, Plaintiff, while on duty, incurred a neck and back injury while pulling 13 people from an over capacity elevator, which had stopped between floors.
6. Immediately after the injury, Plaintiff sought care at Sample Regional Place where he was diagnosed with a Lumbar strain/sprain with neuritis following a work-related injury.
7. Plaintiff was prescribed pain medication and authorized to return to work on August 1, 2011.
8. Plaintiff timely made his Workers’ Compensation claim to his employer.
9. On August 1, 2011, Plaintiff returned to work as a security officer full-time with only a 25lb lifting restriction.
10. On August 16, 2011, Plaintiff’s employment with Defendant was terminated without good cause and, instead, motivated by his worker’s compensation claim.

COUNT I

WRONGFUL DISCHARGE BY DEFENDANT

IN VIOLATION OF FLAT. STAT. § 440.205

            11.             Plaintiff restates and re-alleges the factual allegations contained in paragraphs 1 through 10 above.

12.             Fla. Stat. § 440.205 states:

No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law. (Fla. Stat. § 440.205, (2003)).

13.             As a result of Plaintiff’s filing or attempting to file a claim for workers’ compensation benefits, Defendant discharged and/or threatened to discharge Plaintiff.

14.             Defendant’s actions were willful, wanton, and outrageous and without regard for Plaintiff’s rights and feelings.

15.             As a result of Defendant’s actions, Plaintiff has suffered economic and emotional damages.

WHEREFORE, Plaintiff demands judgment against Defendant and relief in the form of: economic damages, including lost wages, benefits, and other remuneration; reinstatement of full fringe benefits; front and back pay; any other compensatory damages allowable under law; attorney’s fees to the extent permitted by law and costs, emotional distress damages, prejudgment and post judgment interest and any other relief the court deems appropriate.

DEMAND FOR JURY TRIAL

Plaintiff demands trial by jury on all issues so triable.

Respectfully submitted,

MASSEY & DUFFY, PLLC

______________________________

Michael Massey

Fla. Bar No. 153680

855 E. University Avenue

Gainesville, FL 32601

Phone: 352-374-0878