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September 30, 2008

An injured worker’s retaliatory discharge claim isn’t block by governmental immunity

The Illinois Supreme Court held that the Local Governmental and Governmental Employees Tort Immunity Act does not provide a local public entity with immunity from an employee’s claim of retaliatory discharge for exercising his workers’ compensation rights.

The Illinois Supreme Court reversed the appellate court’s decision dismissing a worker’s retaliatory discharge claim. The defendant, a park district, was not immune from liability under the Local Governmental and Governmental Employees Tort Immunity Act.

The local government who retaliates against an injured worker who exercising his workers’ compensation rights does not have immunity under the Local Governmental and Governmental Employees Tort Immunity Act.

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