Protecting Employers Since 1985

ILLINOIS SUPREME COURT HOLDS BIOMETRIC PRIVACY CLAIMS ARE NOT PREEMPTED BY WORKERS COMPENSATION ACT

By Jennifer Adams Murphy / February 3, 2022

Today, the Illinois Supreme Court issued its long-awaited decision on whether the “exclusive remedy” provision of the Illinois Workers’ Compensation Act bars BIPA claims against Illinois employers. Unfortunately for employers, the Court ruled that workers’ compensation exclusivity does not bar BIPA claims against employers, thus leaving the floodgates open for further costly, and usually class action,…

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Minnesota Supreme Court Holds Employers Need Not Reimburse Employees For The Cost Of Medicinal Cannabis To Treat A Work-Related Injury

By James B. Sherman / October 13, 2021

Today the Minnesota Supreme Court reversed two Workers’ Compensation Court of Appeals decisions that had required employers to reimburse the cost of medicinal cannabis prescribed to treat work-related injuries.  The Court held that orders regarding cannabis made under the Minnesota Workers’ Compensation Act, are preempted by the federal Controlled Substances Act. The Court’s ruling means…

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COVID-19 Vaccine Alert for Illinois Employers: What if Your Employee Has A Reaction to the Vaccine? Who is Liable?

By Anthony J. Caruso Jr. / January 26, 2021

During this horrible pandemic, there is a concern among employees about the risk of an adverse reaction to the COVID-19 vaccine. Health care professionals are trying to alleviate these fears by emphasizing that any reaction to the COVID-19 vaccine is usually very minor or rare. The Illinois Workers’ Compensation Act, Section 11, states as follows:…

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Temporary Employees May Sue Host Employers for Injuries

By Alan E. Seneczko / March 19, 2018

In a stunning recent decision, the Wisconsin Court of Appeals held that temporary employees who are injured/killed while performing services for their host employer have the right to choose between the receipt of workers’ compensation benefits under the Wisconsin Worker’s Compensation Act or the pursuit of a personal injury claim against the host employer. Under…

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Legislative Update: Illinois Employers Using an Employee Leasing Company Can Now Get Workers’ Compensation Insurance For The Leased Employees

By Anthony J. Caruso Jr. / January 23, 2017

Today, a number of small Illinois businesses use employee leasing companies to handle payroll, human resource matters, and workers’ compensation insurance on their workers for the convenience and cost savings. Previously, under the Illinois Leasing Company Act, the lessor (leasing Company) would be the party responsible for the workers’ compensation insurance coverage of the workers/employees…

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