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...
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...
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...
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...
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...
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...
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...
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...
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...
Many jobs involve repetitive use of the hands or arms. This upper limb overuse can cause repetitive stress (or strain) injuries (RSI), which can range in severity from mild to debilitating. When a work-related RSI like carpal tunnel syndrome prevents work altogether...
