Ill. Panel Rules Workers' Comp Law Doesn't Bar BIPA Claims

Law360 (September 21, 2020, 6:36 PM EDT) -- An Illinois state appeals court ruled Friday that the state Workers' Compensation Act doesn't bar claims for statutory damages under Illinois' landmark biometric privacy law, dealing a blow to companies and employers that have sought to argue the act preempted those kinds of claims.

Answering a question certified to the court in December in a case watched closely by attorneys handling suits alleging violations of the Illinois Biometric Information Privacy Act, the appellate panel said BIPA claims and worker injury claims are distinguishable.

The panel said it failed to see how a claim by a former employee of nursing home operator Symphony...

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