Showing 4 posts in Workers' Compensation.

Illinois Appellate Court Eliminates Key Defense to BIPA Claims

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On September 18, 2020, the Fifth District Appellate Court in Illinois unanimously held that the exclusivity provision of Illinois’ Workers Compensation Act does not bar employees’ statutory damages claims for violation of Illinois’ biometric privacy law.[1]  The Fifth District’s ruling has eliminated a key defense advanced by employers defending against alleged violations of the Illinois Biometric Information Privacy Act (“BIPA”).[2]

In 2017, plaintiff Marquita McDonald filed a class action lawsuit against her employer Symphony Bronzeville, Park, LLC.  Plaintiff alleged that the defendant-employer required its employees to provide biometric information by scanning fingerprints into a fingerprint-based time clock system.  The lawsuit alleged that the employer violated BIPA by: (1) failing to inform employees in advance and in writing of the specific purpose and length of time for which their fingerprints were being collected, stored, and used; (2) failing to provide a publicly available retention schedule and guidelines for permanently destroying the scanned fingerprints; and (3) failing to obtain a written release from employers prior to collecting their fingerprints.  More »

COVID-19: Coverage Impact for Workers Compensation and Employers Liability Insurers

As the world  responds to the current coronavirus pandemic, also known as COVID-19, insurance companies will now, more than ever, be looked upon to respond to the widespread impact on businesses in all industries, including the impact on employees, their families and customers. It is a virtual certainty that in the coming days and months, employers will face an avalanche of claims relating to exposure to COVID-19. Those employers may look to their Workers Compensation and Employers Liability policies for coverage. Part One of a standard Workers Compensation policy provides coverage for an employer's statutory liabilities under workers compensation law, while Part Two provides coverage for liabilities arising out of employees' job-related injuries that are not otherwise covered under workers compensation law(s). More »

Illinois Supreme Bars Civil Asbestos Action Under Workers’ Compensation Act Exclusive Remedy Provision

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On November 4, 2015, the Illinois Supreme Court issued its opinion in the matter of Folta v. Ferro Engineering, 2015 IL 118070 (2015), holding that an employee is barred from bringing an action in civil court by the exclusive remedy provisions of the Workers’ Compensation Act (820 ILCS 305/1 et seq.) and the Workers’ Occupational Diseases Act (820 ILCS 310/1 et seq.) (hereinafter “the Acts”), when the employee’s injury or disease first manifests after the expiration of certain time limitations under those acts.  For employers and employees involved in asbestos litigation, it is advisable to become familiar with the Acts as well as the Court’s ruling in Folta in order to monitor its effect on future litigation and legislation.  More »

I Know Where You Were Last Summer: Using More Than Just Facebook to Investigate Pending Claims

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In other articles, we have discussed the importance of obtaining social media data in pre-suit investigations and how to conduct social media discovery in pending litigation. As we discussed there, photographs, video and the like information can all be used for evidentiary purposes to demonstrate state of mind, the existence of mental or cognitive disabilities (or the lack thereof) and the level of activity enjoyed by a litigant.  In those articles, we have focused primarily on recovering such evidence from Facebook since it is one of the most prevalently used social media platforms and permits users to download (at least arguably) the most helpful data. However, Facebook is not the only source of social media data and any thorough investigation should also involve identifying and requesting photographs, video, status updates or comments from other social media platforms. More »

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