Split Court: Worker's Mother Viably Pleaded Intentional Conduct Against Employer

A divided Illinois Appellate Court ruled that the mother of a worker killed in an underground water vault sufficiently and plausibly pleaded intentional conduct by the employer such that exclusivity did not bar her civil action. Case: Heiden v. Village of Westmont, No. 3-25-0071, 03/05/2026, published. Facts: Matthew Heiden worked for the Village of Westmont as a water maintenance worker. In February 2023, the village became aware of a leaking valve in an underground water vault. The vault was a confined space, as defined under the general provisions of the Occupational Safety and Health Ac...