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Follow on Google News | Trial Date Set In Harrassment And Discrimination Case Against Caterpillar Logistic ServicesEmployee Claims Managers Retaliated Against Him For Filing Worker’s Compensation Claim
By: Charles Jones The plaintiff, Rudolf Amaya of Miami, said the incident took place at the Caterpillar warehouse facility in Miami Lakes, Fla. The complaint lists Amaya’s immediate supervisor Luis A. Gaston and Caterpillar’ “The defendants were fully aware that Rudolf Amaya was extremely weak and vulnerable – psychologically, emotionally, physically, and economically,” According to the lawsuit, Amaya suffered an on-the-job injury, specifically to the lumbar region of his back, right elbow, right forearm, fingers on his left hand, and right knee about three years ago. Amaya’s lawyers said he obtained worker’s compensation benefits after seeking medical attention. “When he returned to work, Caterpillar asked him to sign certain paperwork that included a document requesting him to waive his rights to make a claim against the company and to accept full responsibility for his injuries,” said Hannah. “He refused to sign the paperwork, notwithstanding efforts by Caterpillar’ “Amaya was called back to work a few days later, although the doctor informed him that he was in worse physical condition and should limit strenuous activity,” said Duran. “Throughout the rest of his employment, Gaston, his immediate supervisor, subjected him to harsh and constant harassment such as over-scrutinizing his work and complaining about petty matters he would also force him to engage in strenuous activity while ignoring of the doctors orders” He also threatened him that he would loose your job if he did not follow his orders. According to the lawsuit, Amaya filed a complaint with McCartney who worked in Caterpillar’ The lawsuit claims that the light duty jobs assigned to Amaya were to sweep toxic materials and dust in the warehouse without adequate protection and safety equipment. “As a result of his exposure to breathing these toxic materials, he suffered a second on-the-job injury,” said Hannah. “He was diagnosed with allergic rhinitis, conjunctivitis, and upper respiratory inflammation, and received further worker’s compensation benefits.” “Even after Mr. Amaya filed another complaint with the HR department, the matter was never investigated,” Attorneys said Amaya continues to suffer from physical and emotional pain and injuries related to the reported harassment at Caterpillar. Based in Miami, Florida, The Law Office of Pelayo Duran represents clients in employment discrimination, personal injury, medical malpractice, product liability, bankruptcy and finance, criminal law, and traffic law. To learn more about the firm, visit www.pelayoduran.com or call 305-266-9780. # # # With offices in South Florida and Washington, D.C., CJ&A PR specializes in Corporate and Crisis Communications; End
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