“Not Compensable” Does Not Always Mean “Not Covered”: Using Conflicts Law to Bar Civil Actions Arising From Injuries Subject to Another State’s Workers’ Compensation Statute

In a landmark ruling, the Illinois Appellate Court clarified that a plaintiff’s negligence action can proceed even if a workers’ compensation claim is “not compensable.” The case, Folta v. Ferro Engineering, highlights the complexities of workers’ compensation statutes and the potential for civil actions when traditional remedies are absent, impacting workplace injury claims.