Mental health warning signs at work: Can employers still rely on workers’ comp exclusivity?

Following the recent decision in Rivas v. Benny’s Prime Chophouse, where the Illinois Appellate Court allowed a civil claim to proceed despite arguments that the Illinois Workers’ Compensation Act (“Act”) barred recovery, the court’s ruling in Kordas v. Bob’s All Bright Electric offers a contrasting outcome. Both cases involve workplace injuries tied to known personal risks—an employee’s food allergy in Rivas, and a coworker’s mental health history in Kordas. Together, they highlight how courts…
By: Freeman Mathis & Gary