UPDATE: COVID-19 Illinois Workers’ Compensation Presumption

On Friday, May 22, 2020, the Illinois General Assembly approved a bill that lowers the burden of proof for essential employees who contracted COVID-19. This bill makes it easier for them to receive Workers Compensation benefits. This will be the very first bill from the legislature special session that will go to Governor Pritzker’s desk, where it is assumed it will be signed into law.

What does this bill mean for workers who get COVID-19?

As previously discussed, this law creates a rebuttable presumption that first responders and frontline workers who suffered from COVID-19 contracted the virus as part of their jobs. In other words, people in these professions, who contract COVID-19 will be presumed to have contracted the disease in the course of their employment, unless it is shown otherwise.

Under House Bill 2455, workers will be required to show that they received a positive COVID-19 diagnostic test, or a test showing the presence of COVID-19 antibodies, for the presumption to apply in court. An employee will not receive the presumption if he or she was working from home for 14 days before testing positive for the virus. 

The bill, passed in the Senate by a vote of 50 to 4, is largely a codification of the emergency evidentiary rule filed last month by the Illinois Workers Compensation Commission (IWCC).  The evidentiary rule was rescinded shortly after being filed, when two industry groups sued in state court, alleging that the Commission did not have the authority to create such a rebuttable presumption.

A judge in Sangamon County issued a temporary restraining order on the IWCC rule. The rule originally withdrawn has now been sent to the governor for signature.

In a nutshell, if an essential worker becomes infected with COVID-19, and has health issues, it will be presumed that they contracted COVID-19, while at work.

If you or someone you know has tested positive for COVID-19 and believe to have been exposed while working, contact Shannon Law Group for a free consultation today at (312) 578-9501.  We are here to help!