Previously, we began exploring the issue of whether an injured employee has the ability to sue their employer for damages. As we pointed out last time, there are several exceptions to the “exclusive remedy” rule here in Illinois. We’ve already looked briefly at the intentional conduct exception.
The dual capacity doctrine, which is another exception, applies in situations where the employer has legal obligations to the employee apart from those attached to the employment relationship. A common example of this would be where the employee is injured by a defective product manufactured by the employer. Another example would be when an employee is injured on land owned by the employer.