State Supreme Court finds exceptions to workers’ comp exclusive remedy

Cotter’s Corner

By Daniel A. Cotter

Daniel A. Cotter is a partner at Howard & Howard Attorneys PLLC and author of the book “The Chief Justices” (Twelve Tables Press). The views expressed here are solely those of the author. He can be reached at scotuslyyours@gmail.com.

Posted February 14, 2022 11:23 AM

The exclusive remedy policy of workers’ compensation was developed and has remained in place as a social compromise pursuant to which the employer provides insurance coverage protecting workers for injuries occurring in the workplace regardless of fault in exchange for the employee’s waiver of tort liability. Recently, the Illinois Supreme Court weighed in on two exceptions to the exclusive remedy.McDonald In McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 125611, the Illinois Supreme Court recently answered a Rule 308 …

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