Tort Is Not An Option In Ill. Employee Asbestos Exposure

Law360, New York (June 28, 2012, 1:30 PM EDT) -- In a case of first impression in Cook County Circuit Court, an employee who sustained injuries allegedly resulting from exposure to asbestos while engaged in the line of his duty as an employee sued his former employer in tort, rather than under the Workers' Compensation Act.

The real significance of the case was that it was based upon both negligence and intentional tort theories. Ordinarily, an Illinois employee may not sue his or her employer in tort in these situations. Instead, the employee may only bring a worker's compensation action against the employer.

The Illinois Workers' Compensation Act provides in pertinent...

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