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Restoring Dignity & Control After An Injury 

Illinois lawmakers consider changes to workers’ comp laws

On Behalf of | Feb 3, 2025 | Workers' Compensation |

People who aren’t particularly interested in politics often don’t realize just how much of a role lawmakers – particularly state lawmakers – play in the lives of their constituents. Take workers’ compensation laws, for example.

Currently, Illinois lawmakers are considering two pieces of legislation that would amend Illinois workers’ compensation laws in consequential ways.

Injuries arising out of employment and repetitive trauma injuries

One bill would add language to existing law that defines an injury that “arises out of and in the course of employment.” If the law were amended as proposed, it would require “that an injury arises out of and in the course of employment” only if “the accident significantly caused or contributed to both the resulting condition and the disability.” This would exclude workers from eligibility for benefits in re: any injury where one or more the following is true:

  • “The hazard or risk was not incidental to employment and was a hazard or risk to which the general public is also exposed.”
  • “The injury did not occur at a time and place and under circumstances reasonably required by the employment.”
  • “The disability resulted from a personal risk.”

The bill also addresses when injuries caused by repetitive or cumulative trauma qualify for workers’ comp benefits. It says that such an injury is compensable only if the trauma “significantly caused or contributed to both the resulting medical condition and disability” – unlike gradual or progressive degeneration as the result of aging or “normal activities of day-to-day living.” In some cases, if the trauma is found to have been caused at a person’s most recent previous job, that employer might be responsible for workers’ comp benefits.

Injuries suffered while traveling to and from work

A separate proposed bill clarifies eligibility for injuries suffered while going to or from work. Typically, these don’t fall under workers’ comp. because they don’t arise “out of and in the course of employment.” There are exceptions when an employee is “performing acts the employer instructed the employee to perform, acts that the employee had a common law or statutory duty to perform while performing duties for his or her employer, or acts that the employee might be reasonably expected to perform incident to his or her assigned duties.”

Certainly no one outside of the legal profession can be expected to know the details of Illinois workers’ comp laws and changes to them. This is just one reason why if a workers’ comp claim is denied based on the law, it’s important to have experienced legal guidance to protect your rights.

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