A jury in Illinois returned a $3.6 million verdict in a workers’ compensation retaliation lawsuit.

According to court documents, a First Judicial Circuit Court jury ruled against Schwan’s Home Service, Inc. in favor of Benton, Illinois-resident Larry Holland. The jury found that corporate officials fired Holland for seeking medical care after an August 2008 injury.

“The whole issue is employers trying to retaliate because a person is exercising their rights,” said Holland’s attorney Tom Crosby. “They fired him because he was attempting to get medical care for a work injury, and that is the only reason.”

According to the lawsuit, Holland worked as Schwan’s West Frankfort facility supervisor until January 2009 when doctors told Holland a back injury required he cut back hours. Doctors instructed Holland to take time off for physical therapy beginning March 28, 2009. He was cleared to return three weeks later, but he was then fired.

Emails between Schwan’s managers showed officials crafting a reason to fire Holland once his Family Medical Leave Act leave expired.

Schwan’s lawyers claimed Holland voluntarily ended his employment by not accepting a demotion.

Holland was awarded $3.6 million in punitive damages.

If you need assistance with a workers’ compensation retaliation lawsuit, please contact the New Jersey Workers’ Comp Attorneys of Levinson Axelrod, P.A. at 1-888-389-5529.