Plaintiff filed suit against defendant, a general contractor, for injuries he sustained while an employee of the defendant’s subcontractor. The circuit court found defendant was immune under the exclusive remedy provision of the Worker’s Compensation Act. The appellate court affirmed. The Illinois Supreme Court reversed, finding that the exclusive remedy provisions under sections 5(a) and 11 of the Workers’ Compensation Act do not extend to a general contractor who is not the employee’s immediate employer even where the general contractor has paid workers’ compensation premiums and benefits for employees of the subcontractor pursuant to a contractual agreement. (ANNE M. BURKE, GARMAN, THEIS, NEVILLE, MICHAEL J. BURKE, and OVERSTREET, concurring)
Illinois Supreme Court
Civil Court
Worker's Compensation Act