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Contractor Liability for Injuries to Employee – Illinois

According to 820 ILCS 305/1, when any person pays compensation under the statute, s/he may recover the amount from the contractor or sub-contractor.  If the contractor pays compensation, s/he may recover the amount thereof from the sub-contractor, if any.  The statute does not apply if the accident occurs elsewhere than on, in or about the immediate premises on which the principal has contracted that the work be done.

Where an employer loans an employee to another, and such employer and such loaned employee sustains a compensable accidental injury in the employment of borrowing employer, and where such borrowing employer does not provide or pay the benefits or payments due to the injured employee, the loaning employer is liable to provide or pay all benefits or payments due to such employee.  Where any benefit is provided or paid by loaning employer, the employee has the duty of rendering reasonable cooperation in any hearings, trials or proceedings in the case, including proceedings for reimbursement.

An employee or his/her dependents who shall have a cause of action by reason of any injury, disablement or death arising out of and in the course of his/her employment may elect to pursue remedy in the state where injured or disabled, or in the state where the contract of hire is made, or in the state where the employment is principally localized.

However, any employer may elect to provide and pay compensation to any employee other than those engaged in the usual course of the trade, business, profession or occupation of the employer.  Employees are not included within the provisions of the Act when excluded by the laws of the U.S. relating to liability of employers to their employees for personal injuries where such laws are held to be exclusive

Inside Contractor Liability for Injuries to Employee – Illinois