Illinois Supreme Court rules on 2000 bridge deaths
The Illinois Supreme Court resolved an issue about workers' civil lawsuits resulting from on-the-job injuries or deaths.
In the 2000 reconstruction of a bridge over the Illinois river, Springfield based Halvorson Construction Co and Tremont-based Midwest Foundation formed a joint venture which was called the Midwest Foundatin/Halvorson.
Under the joint venture agreement, Midwest Foundation paid the premiums for workers' compensation coverage. Midwest was to be reimbursed for the premiums by the joint venture.
On April 24, 2000, during the reconstruction, scaffolding broke away from the bridge. One worker was killed and three others were injured. The workers and their survivors received benefits under the Illinois Workers' Compensation Act.
Several of the workers injured filed lawsuits to collect civil damages from Halvorson and the joint venture.
The opinion written by Justice Lloyd Karmeier for the majority said that such lawsuits should not proceed. Under a joint venture an injured worker can collect workers' compensation benefits, but cannot file a civil suit against the joint venture, or any partner of the joint venture. They are covered under the immunity that extends to the employer paying workers' compensation benefits.
Dissenting Justice, Thomas Kilbride believes there were questions about whether Midwest Foundation was ever reimbursed for the premiums they paid. According to Justice Kilbride, "a lack of reimbursement could open the door for the filing of a civil lawsuit."
