We previously shared information about procedures that the Social Security Administration (SSA) had put into place to make it safer for claimants, the public and their staff during the current pandemic. In that post, we explained that only telephonic administrative...
Workers’ Compensation
The path of an Illinois workers’ compensation claim, part 1
In Illinois, when an employee gets a work-related injury or an occupational disease and the impairment is work-related, the exclusive legal remedy. Many people do not know how a workers’ compensation claim begins or the options for review and appeal should the claim...
Illinois workers’ compensation: Misclassifying an employee as a contractor
Imagine the surprise of someone who has worked for an employer under the assumption they were employed in the following situation. The worker suffers an injury on the job, files a workers’ compensation claim and the “employer” refuses to pay the claim because they say...
Takeaways for claimants from a recent Illinois workers’ compensation case
In Gonzalez v. Illinois Workers’ Compensation Commission, a March 2020 case from the Appellate Court of Illinois, First District, the court agreed with the Commission’s conclusion that the claimant, Hugo Gonzalez, had not proven by a preponderance of the evidence that...
IL high court clarifies when injury arises out of job for workers’ comp
On Sept. 24, the Supreme Court of Illinois released its opinion in McAllister v. The Illinois Workers’ Compensation Commission (WCC), a case that elaborates on when an injury “arises out of” employment for purposes of workers’ compensation eligibility. The case...
Illinois workers’ comp for work-related psychological injuries
People may think of work injuries and occupational diseases as strictly physical harm for purposes of eligibility for workers’ compensation benefits in Illinois. However, in three kinds of situations, mental or psychological injury is also compensable under Illinois...
Illinois workers’ compensation: Harm from workplace violence
Unfortunately, workplace violence is a reality of modern American life. According to the Occupational Safety and Health Administration (OSHA), it ranks as the third-leading cause of work-related deaths here in the United States. But what are the legal remedies for...
Illinois employees at risk of harm in summer working conditions
The first day of summer 2020 has just passed with the hottest months yet to come. In Illinois, July and August can bring oppressive heat and humidity – a difficult combination from a safety and health standpoint for people who work out of doors or in indoor work...
Gov. Pritzker signs bill concerning COVID-19 and workers’ compensation
On June 5, Illinois Gov. J.B. Pritzker signed a mostly bipartisan bill that created a presumption in state law that for workers’ compensation eligibility purposes, when an essential worker contracts COVID-19, a rebuttable presumption is created that the...
Illinois workers’ compensation lump-sum settlements
Every year, Illinois workers’ compensation claimants submit at least 40,000 settlement contracts to the Illinois Workers’ Compensation Commission (IWCC) for agency arbitrators to review and approve. These settlements are negotiated between workers with...
