Proposed Amendments to the Illinois Workers’ Compensation Act

September 23rd, 2015 at 2:59 pm

workers compensation, proposed amendments, Illinois Workers' Compensation AttorneyThe Illinois General Assembly is set to enter its third month of overtime sessions, and amendments to the state’s Workers Compensation Act are expected to be at the forefront of the legislative agenda. These amendments, if passed, could have a big impact on the eligibility requirements for workers’ compensation.

What Could Change?

One of the proposed amendments will require employees to demonstrate that a workplace incident is a major contributing cause of the injury. In order to satisfy this new standard, the employee will need to prove that the accident was at least 50 percent responsible for his or her injury.

The amendments also would limit the scope of which employees are considered to be “traveling employees.” According to existing Illinois law, you can qualify for workers’ compensation if you are injured while driving to a client site, or when you are travelling while you are still considered to be on the job.

This means you will even be covered under workers’ compensation if you are hurt while going out for dinner after work while on a business trip. Under the proposed amendment, the worker would only classify as a “travelling employee” if the trip was necessary for the performance of his or her job duties.

The proposed changes would also reduce the medical fee schedule by 30 percent for all services except evaluation, management and physical medicine. Finally, the amendments will require the Illinois Workers’ Compensation Commission to make use of the American Medical Association guidelines when evaluating a workers’ injury or disability.

The Illinois General Assembly has still not reached a consensus on the proposed changes, and it is therefore not certain whether the amendments will be introduced.

If you have been injured at work and would like to claim workers’ compensation, contact a Chicago workers’ compensation attorney from the Law of Offices of Francis J. Discipio. With more than 20 years of experience, Mr. Discipio can explain how Illinois workers’ comp laws relate to your case. To schedule a free consultation, call us today at 630-574-2288.




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