New Orleans man claims he was fired over work comp claim

Andrea Dearden Oct. 27, 2010, 5:00am

A New Orleans man is suing his former employer for allegedly firing him after he claimed to have been hurt on the job.

Joseph Simmons filed the complaint against Transit Management of Southeast Louisiana Inc. and the Regional Transit Authority Oct. 19 in Orleans Parish District Court.

According to the lawsuit, Simmons was working for Transit Management and the Transit Authority in March 2007 when he was hurt in a job-related accident. Simmons says he tried to claim his workers' compensation benefits following the injury.

Simmons claims he was fired more than two years later as retaliation for exercising his right to medical benefits. He says he was fired in October 2009 but didn't learn of the termination until he received a letter in the mail four months later.

Simmons is asking for one year's salary plus interest, attorney's fees and court costs.

William R. Mustian III of Metairie is representing Simmons.

Orleans Parish District Court Case No. 10-10685

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