Million Dollar Jury Award for Workers’ Compensation Retaliation

November 2025

Gabriel J. Kahn

An ordinary workers’ compensation retaliation claim involves an employee alleging wrongful termination because they filed a workers’ compensation claim. But what if an employee did not file their workers’ compensation claim until almost two years after their injury and two years after their resignation? Could that constitute a retaliation claim? The answer, according to a recent one-million-dollar jury award, is yes.

A federal jury in the U.S. District Court for the Northern District of Illinois, determined that 10 Roads Express, LLC, a trucking company, terminated Plaintiff Ronald Tatum because he had a panic attack at work. Tatum was a dispatcher for the company and had worked for the company for over 20 years. On October 24, 2020, Tatum and two supervisors met regarding an issue with a truck driver who failed to report to his shift. During the meeting, one of Tatum’s supervisors asked him about the driver who failed to report, but Tatum could not provide specifics and froze up. Tatum then left the meeting, walked out of the building, and got into his car. He left work and went to the hospital for medical treatment. Tatum was diagnosed with an acute anxiety attack. He was discharged the same day.

That evening, Tatum emailed his direct supervisor and 10 Roads’ leave of absence department claiming that he did not quit and that he suffered an anxiety attack. On next day, Tatum told his direct supervisor that Tatum texted his direct supervisor that he felt better and requested to return to work. Tatum’s supervisor instructed him not go into the office and that HR would contact him on Monday October 26, 2020.

On October 26, 2020, Human Resources personnel and Tatum’s supervisors discussed the possibility of a workers’ compensation claim from Tatum. HR wrote in an email to Tatum’s managers: “if Tatum resigned before going to the doctor, I would think that trumps workers’ comp, no?” After further discussion with the company’s workers’ compensation manager, a decision was made to not file a claim for workers’ compensation because Tatum had quit before the doctor’s visit.

A point of contention between the parties was whether Tatum resigned. On October 26, HR created a document for Tatum to sign to confirm his resignation. However, the company never presented this resignation document to Tatum. HR indicated in emails that the company planned to move forward with separation regardless of Tatum’s signature on the resignation document. Internally, the company prepared an “Employee Separation Notice” indicating that Tatum resigned and listed October 24 as his last day of work. On October 27, the company informed Tatum that it accepted his resignation.

To prove a claim for discrimination based on the exercise of rights granted by the Illinois Workers Compensation Act (IWCA), an employee must prove that he exercised a right granted by the IWCA and that there is causal relationship between his discharge and the exercise of his right. Gordon v. FedEx Freight, Inc., 674 F.3d 769, 773 (7th Cir. 2012). An employee may exercise rights under the IWCA in several ways including merely requesting and seeking medical attention. Id. Tatum filed his workers’ compensation claim on October 3, 2022, almost two years after his final day of work. Despite the absence of an actual claim, the jury still held that Tatum still exercised his rights under the IWCA to seek medical treatment for his anxiety attack.

This uncoordinated response to Tatum’s anxiety attack unfortunately established the basis for Plaintiff’s case against the company. Plaintiff’s complaint alleged that 10 Roads knowingly fabricated the “false and inaccurate” claim that Tatum resigned to hide the company’s true retaliatory motive. It proved to be a viable argument for Tatum and resulted in a sizeable jury award.

There is much to learn from the company’s actions in this case. First, filing a claim is not the only way employees exercise rights under the IWCA. An employee seeking medical attention is broadly applied as an exercise of rights under the IWCA. Let’s imagine that when Tatum left work and went to his car that he called his therapist to help with his panic attack. In this circumstance, calling a therapist or other mental health professional could be construed as the exercise of rights under the IWCA.

Second, it is vital for employers to clearly document employment actions. In this case, several HR and management personnel attempted to collaborate regarding Tatum’s supposed resignation. The email communications within the company created the appearance to the jury of a cover up regarding Tatum’s workplace anxiety attack and an alleged attempt to force Tatum out of the company. This case underscores how costly mishandling the most routine or benign employment decision can turn into a million-dollar consequence.

BCM Law, P.C. provides advice and counsel to employers regarding employment separation in cases involving workers’ compensation related matters. If your company needs assistance navigating these sensitive situations, feel free to contact us to evaluate your options.