Workers’ Compensation COVID-19 Presumption Bill

Illinois Lawmakers Pass Legislation For COVID-19 Front-Line Workers, First Responders For Workers’ Compensation Benefits 

The Illinois General Assembly passed Illinois House Bill 2455 on May 22, 2020, which lowers the burden of proof for first responders and front-line workers who contract COVID-19 to be eligible for workers’ compensation benefits.

The new legislation assumes that essential workers who contract COVID-19 contracted it on the job if their employment exposed them to the general public or a workplace location with more than 15 people unless their employer proves otherwise. In order to be considered for workers’ compensation benefits, the employee should obtain confirmation of COVID-19 or COVID-19 antibodies by either a licensed medical professional or a positive laboratory test.

Protections of Illinois House Bill 2455 are only effective from March 9, 2020, through December 31, 2020.

The new law reflects an emergency rule previously passed by the Illinois Workers’ Compensation Commission (IWCC) on April 13, 2020, as critics of the rule argued it was too costly for business owners and was instituted without the proper legislative process. The IWCC later repealed the rule on April 27, 2020.

Supporters of the law argue that front-line workers potentially exposed to COVID-19 should be guaranteed the protection of the Illinois Workers’ Compensation Act because they are putting themselves at significant risk for infection or even death. The law is also meant to prevent front-line workers from putting others at risk by having to make the difficult choice between self-isolating at home or going to work to ensure a paycheck.

Front-line workers and first responders include those employed as police and fire personnel, emergency medical technicians, paramedics, health care providers engaged in patient care, and corrections officers.

Essential service employees as defined in Executive Order 2020-10 by Governor Pritzker are also considered front-line workers. These include individuals working at grocery stores and pharmacies, gas stations, financial institutions, hardware and supply stores, hotels, residential facilities, and those working in transportation, shipping, and delivery, logistics and manufacturing of essential supplies, as well as in critical trades and labor union functions, among others.

If you or someone you know contracted COVID-19 while working, please contact Anesi Ozmon at (312) 779-6610to discuss your rights.

Categories
    You always have my back and are very professional.

    “You always have my back and are very professional. Your team seems very smart, is not intimidated by any other lawyers, and is willing to take on a case simple or complex. Thank you for helping me and ...”

    - Mark N.
    I am grateful for their services, very professional at all times.

    “Good communication in replying to my messages immediately, letting me know of any changes. The lawyer and assistant were very kind and respectful, I am grateful for their services, very professional ...”

    - Miriam D.
    Highly Recommend

    “I would just like to say to everyone at the firm, this is about Jeff Alter, I know that you all there have large and much more profitable cases than mine...but Jeff and his wonderful secretary fought for me and my family.”

    - Eddie F.
    Great job well-done THANK YOU

    “The firm and John Popelka handled my case very professionally and very efficiently. Done in a very quick manner. I will definitely recommend the firm and JOHN POPELKA to all my family and friends.”

    - Glenn F.
    Very Satisfied

    “They did a great job with helping me with my workmans’ comp case. I would recommend this law firm to anyone that’s in need of a lawyer.”

    - Jeremy M.

Sign Up For Our Monthly Newsletter

Submit Email Below
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.