High court clarifies exclusive remedy for general contractors – Business Insurance
The Illinois Supreme Courtroom dominated Friday that the unique remedy provisions of The staff’ Compensation Act Do not extend to a widespread contractor Who’s not the worker’s quick employer.
Bulley & Andrews LLC served As a Outcome of the general contractor for a enchancment ent…….
The Illinois Supreme Courtroom dominated Friday that the unique remedy provisions of The staff’ Compensation Act Do not extend to a widespread contractor Who’s not the worker’s quick employer.
Bulley & Andrews LLC served As a Outcome of the general contractor for a enchancment enterprise in Chicago that used staff with Bulley & Andrews Concrete Restoration LLC, doing enterprise as Bulley Concrete. Bulley Concrete is An completely owned subsidiary of Bulley & Andrews, but The corporations are operated as separate agencys, Based mostly on paperwork in Munoz v. Bulley & Andrews LLC, filed in Springfield.
As An factor of the scope of the enterprise, Bully & Andrews used Bulley Concrete and its staff for the concrete work however Did not enter into any such contract with Bulley Concrete.
Donovan Munoz labored for Bulley Concrete, As a Outcome of the agency paid his wages and withheld taxes on his behalf. He suffered accidents wright hereas Engaged on the enterprise in December 2016, paperwork state.
Mr. Munoz filed a staff compensation declare in the direction of Bulley Concrete And in addition filed A private damage movement in the direction of Bulley & Andrews, which moved to dismiss the go well with as barred by the unique remedy provisions of The staff’ Compensation Act. It argued it had a preexisting authorized obligation to pay for Mr. Munoz’s staff compensation advantages and that it did so. A circuit court decide granted the movement to dismiss and an appellate court afagencyed.
In reversing and remanding, the Illinois Supreme Courtroom said based on authorized definitions “immunity Does not hinge on the cost Of advantages” in staff compensation regulation. Pretty, “immunity is conferred solely on quick employers of an injured worker.” Since Bulley & Andrews …….
