Chicago Under the no-fault system created by the Illinois Workers' Compensation Act, negligence is irrelevant in determining whether an injured employee is entitled to workers' compensation benefits. But the Act does not completely immunize employers from lawsuits arising out of employees' injuries.
Employers are still subject to third-party actions for contribution.
In the typical contribution case, an injured employee files a negligence suit against a general contractor or property owner for his or her injuries. The third-party action alleges that the employer's negligence contributed to cause the plaintiffs injury and seeks to compel the employer to bear its proportional share of any damages awarded. Under prior law, first announced by the Illinois Supreme Court in Kotecki v. Cyclops Welding Corp. , an employer's contribution liability could not exceed the amount of its workers' compensation liability. A recent Supreme Court case, however, changes this and dramatically increases all Illinois employers' potential liability for contribution. The employee also sued the general contractor, ADM, alleging statutory violations and negligence.