This case presents question as to whether trial court properly dismissed plaintiff's personal injury action against defendant-construction company under contract to perform services on construction project, under circumstances where plaintiff injured his back while working on said project at time when plaintiff was employee of separate corporation that was wholly-owned subsidiary of defendant. Record showed that defendant had procured workers' compensation insurance policy that covered both defendant's and subsidiary's employees, and that defendant had previously provided $76,000 in workers' compensation benefits to plaintiff prior to plaintiff filing instant lawsuit. Trial and Appellate Courts found that defendant was immune from instant lawsuit based on exclusive remedy provisions of Workers' Compensation Act. In his petition for leave to appeal, plaintiff asserted that defendant was not immune from lawsuit because plaintiff was not defendant's immediate employee.
Illinois Supreme Court PLAs
Civil Court
Workers’ Compensation Act