Defendant entered into a contract with a building owner to be the construction manager on a construction project at the building. As per the contract, Defendant obtained a workers' compensation insurance policy for its employees as well as the employees of its wholly owned subsidiary, which contained a $250,000 deductible. Plaintiff, an employee of this subsidiary, was injured while working on the project. Defendant provided Plaintiff with workers' compensation benefits. Court properly dismissed Plaintiff's suit, as Defendant was immune from suit under exclusive remedy provisions of Workers' Compensation Act. Even though Defendant was not Plaintiff's direct employer, it had a preexisting contractual obligation to pay for workers' compensation insurance and thus could avail itself to the exclusive remedy provisions of the Act. (HOWSE and McBRIDE, concurring.)
Illinois Appellate Court
Civil Court
Workers' Compensation