The Illinois Supreme Court unanimously ruled that the exclusivity provisions of the Workers’ Compensation Act do not bar a claim for statutory damages under the Biometric Information.
On February 3, 2022, the Illinois Supreme Court held in the case of McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, that the exclusivity provisions of the Illinois Workers’.
Illinois Supreme Court held that the Illinois Workers’ Compensation Act does not preempt BIPA claims for statutory damages brought by employees. The Court’s holding in McDonald v. Symphony Bronzeville Park, LLC, et al. was not unexpected by most BIPA practitioners.