New Illinois law allows workers to sue third-party service organizations

On June 5, 2014, Senate Bill 3287 passed both houses of the Illinois legislature and was signed into law by Governor Quinn, becoming Public Act 98-33. The law eliminates immunity for third-party maintenance or service corporations from third-party lawsuits under the exclusive remedy provisions of the Workers’ Compensation Act. 

The law went into effect immediately.

The new law was passed in response to a recent appellate court decision. In Brenda Mockbee v. Humphrey Manlift Co. Inc., the First District Appellate Court ruled that a worker who was left paraplegic after a work accident could not file a lawsuit against safety consultants who were hired by her employer, Quaker Oats.

The new law allows injured workers like Mockbee to file a civil lawsuit against a negligent third-party maintenance company hired by an employer. Independent maintenance organizations that provide independent services to an employer are thus subject to liability in court, while a service company that is wholly owned by the employer or wholly owned by the employer’s broker or insurer are still protected from civil lawsuits under the exclusive remedy provisions.

The new law “reaffirmed 45 years of legal precedent,” according to Stephen D. Phillips, president of the Illinois Trial Lawyers Association. The law does not increase workers’ compensation benefits paid by the employer.

Comments are closed.

CHICAGO LAW OFFICE
205 W Randolph St. Suite 925
Chicago, IL 60606

Phone: 312.222.0010
Fax: 312.222.1203

MAP/DIRECTIONS

NORTHFIELD LAW OFFICE
Two Northfield Plaza, Suite 385
Northfield, IL 60093-4126

Phone: 312.222.0010
Fax: 312.222.1203

MAP/DIRECTIONS

Phone: 312.222.0010

JOLIET LAW OFFICE
175 N. Chicago St.
Joliet, IL 60432-4126

Phone: 312.222.0010
Fax: 312.222.1203

MAP/DIRECTIONS

SCHOLARSHIP

PODCAST: Our podcast covers personal injury topics and cases.

Chicago Injury Alert by Briskman Briskman & Greenberg

© 2024 Briskman Briskman & Greenberg All rights reserved.
Disclaimer | Sitemap | Privacy | Accessibility Statement

The law firm of Briskman Briskman & Greenberg represents injured people throughout Illinois, including Chicago, the Chicagoland area, Joliet, Waukegan, Cicero, Evanston, Arlington Heights, Wheaton, Bolingbrook, and Naperville, as well as other cities within Cook County, Will County, DuPage County, Lake County and McHenry County. Briskman Briskman & Greenberg also represents injured people throughout Wisconsin, including Kenosha, Milwaukee, and Madison.

Custom Legal Marketing | Law Firm SEO That Works