Illinois Bar Journal, Vol. 86, No. 3, pp. 154-158, March 1998
5 Pages Posted: 14 Sep 2010 Last revised: 3 Dec 2015
Date Written: March 1, 1998
When Illinois employees are the victims of intentional torts by supervisors, can they bring common law tort suits against their employers for these injuries, or are they limited to bringing a claim under the workers' compensation system? This question, which arises with unfortunate reguIarity, lacks a clear answer because both state and federal courts in Illinois are divided over the scope of the "alter ego" exception to the exclusivity of workers' compensation as the remedy for intentionally inflicted workplace injuries.
The Illinois Workers' Compensation Act ("IWCA") contains exclusivity provisions that mandate that workers' compensation is the sole remedy available to employees for workplace injuries. There are exceptions to the exclusivity rule, including the principle that the rule does not apply if the injury is not accidental.
Keywords: intentional torts, Illinois law, injuries, employers, workers' compensation system, 'alter ego' exception, Illinois Workers' Compensation Act, IWCA, accidental injuries, common law actions
JEL Classification: K13, K19, K31, K39
Suggested Citation: Suggested Citation
Hayes, Michael and Broverman, Quinn, Employer Liability for Supervisors' Intentional Torts: The Uncertain Scope of the 'Alter Ego' Exception (March 1, 1998). Illinois Bar Journal, Vol. 86, No. 3, pp. 154-158, March 1998. Available at SSRN: https://ssrn.com/abstract=1676341 or http://dx.doi.org/10.2139/ssrn.1676341