Workers' Compensation

Recent Posts

Illinois: No Penalties for Delay in Authorizing Medical Care
Posted on 10 Mar 2020 by Thomas A. Robinson

While the Illinois Workers’ Compensation Act provides, under some circumstances, for the imposition of penalties for the delay in paying medical expenses and other benefits, there is no statutory authority for imposing penalties for an alleged delay... Read More

Illinois: Commission and Trial Court Sometimes Enjoy Concurrent Jurisdiction over Workers’ Compensation Disputes
Posted on 6 Nov 2019 by Thomas A. Robinson

While workers’ compensation issues generally are to be determined exclusively by the Illinois Industrial Commission under 820 ILCS 305/18, nevertheless, that statutory provision does not divest the circuit court of jurisdiction of all issues involving... Read More

Illinois: Borrowing Employer’s Immunity From Suit Does Not Depend Upon Procurement of Insurance
Posted on 16 Jun 2019 by Thomas A. Robinson

A borrowing employer is immune from tort liability with regard to injuries sustained by a temporary staffing agency worker assigned to it, held an Illinois appellate court. Moreover, that immunity springs from the borrowed-employee relationship itself... Read More

Illinois: Description of Injury in Workers’ Compensation Settlement Agreement Did Not Bar Later Third-Party Claim for Additional Injuries
Posted on 8 Feb 2019 by Thomas A. Robinson

Where plaintiff, a semi-truck driver for a Pennsylvania corporation, sustained injuries in a vehicular accident in Grundy County, Illinois and eventually settled his Pennsylvania workers’ compensation claim by means of a settlement agreement in... Read More

Illinois: “Dual Capacity/Persona” Tort Action Against Morgan Stanley Fails
Posted on 20 Sep 2013 by Larson's Spotlight

Applying the state’s two-prong test to determine if the “dual capacity doctrine” could be utilized as an exception to the exclusive remedy provisions of the Illinois Workers’ Compensation Act, a state appellate court recently held... Read More

Federal: Illinois Employer May Not Require Notice Prior to Medical Treatment
Posted on 3 Oct 2014 by Larson's Spotlight

The Illinois Workers’ Compensation Act grants an injured worker the right to seek medical care prior to notifying the employer of the workplace injury or condition, even where the employer has a known employment policy regarding such notification... Read More

Illinois: Truck Driver Was Independent Contractor, Not Employee
Posted on 19 Feb 2016 by Larson's Spotlight

In a decision that could have an impact on any Uber/Lyft litigation within the state of Illinois, an appellate court affirmed a decision by the state’s Workers’ Compensation Commission’s finding that a truck driver was an independent... Read More

Illinois: “Traveling Employee” Rule Relates to Comp Cases Only; May Not Be Extended to Tort Law
Posted on 13 Sep 2013 by Larson's Spotlight

An Illinois appellate court recently held that workers’ compensation law’s “traveling employee” doctrine may not be extended into the tort law arena so as to support a claim that an employer was liable, upon respondeat superior... Read More

Illinois: General Contractor May Not Take Advantage of Settlement Agreement It Did Not Sign
Posted on 23 Jun 2016 by Larson's Spotlight

Where a worker settled his workers’ compensation claim and signed a settlement agreement that released his direct employer and a purported general contractor from liability for any claims arising out of the worker’s work-related accident,... Read More