Illinois Workers’ Compensation Commission Amends the Rules on COVID-19

On April 27, the Illinois Worker’s Compensation Commission (IWCC) to withdrew an emergency evidentiary rule regarding COVID-19. However, this decision does not restrict a worker’s rights to file a claim. It simply changes the burden of proof when you file the case.

Earlier in April, I wrote about the IWCC passing an evidentiary rule on the coronavirus. The rule stated that workers diagnosed with COVID-19 in certain areas of employment would be assumed to have contracted it through exposure at work until proven otherwise. 

Why did the IWCC withdraw this rule? Keep reading to find out.

Frequent Critics of Illinois Workers’ Rights Threatened to Sue the IWCC

The Illinois Manufacturer’s Association and the Illinois Retail Merchants Association are frequent critics of workers’ rights in the state of Illinois. They alleged that the IWCC exceeded its statutory authority when it approved the evidentiary rule, commonly known as a “rebuttable presumption.”

Faced with potentially months of litigation, the IWCC withdrew the rule. The original rule would have made it easier and faster for working men and women and their families to receive many benefits, such as a weekly paycheck if you are unable to work due to the illness, access to necessary medical treatment, and coverage for medical bills.

Workers who believe they contracted COVID-19 through work activity will typically fall under the Occupational Disease (“OD Act”). Under the OD Act, a worker must show that their job puts them at a greater risk for catching the disease compared to the general public. 

The Act also says that the employee shall be conclusively deemed to have been exposed to the hazards of the disease when he or she is employed in an occupation or process in which the hazard of the disease exists, regardless of how long they have been employed.  

The fact that certain industries and professions have been designated by the governor as “essential” suggests that workers in these professions are automatically at an increased risk of getting COVID-19

Bottom line: You can still be compensated if you were exposed to COVID-19 at work in Illinois

If you or someone you know has been diagnosed with COVID-19 and believe that you were exposed at work, contact us today.

Our workers’ compensation lawyers are ready to help you explore your legal options. Call us at (312) 578-9501 or fill out a contact form to get started.