The First District Appellate Court on Tuesday, March 8 ruled in favor of the employer in a case that covers the application of the exclusive remedy provisions of the Workers’ Compensation Act in claims alleging intentional torts.
In Locasto v. City of Chicago, fireman Locasto filed a civic claim seeking damages for an intentional tort resulting in injuries and also a workers’ compensation claim under the Workers’ Compensation Act in Illinois. The arbitrator found that the injuries “arose out of” and “in the scope of” his employment with Chicago and was therefore awarded both medical and indemnity benefits.
Locastos’s employer filed for summary judgment after the workers’ compensation award became final, arguing that because Locasto had already received workers’ compensation benefits, he was barred from any recovery in a civil suit for intentional tort.
Locasto was in opposition of the summary judgment, saying that the exclusive remedy provisions should not make a hindrance to his claim because his injuries were not accidental and were sustained in a place of work.
If you or someone you know has been hurt in the workplace and needs compensation to cover medical bills, get in touch with our attorneys at Spiros Law, P.C. in Champaign, Illinois by calling our offices today at 217-328-2828 to find out more about the legal services that we offer.