Harvey & Stuckel

Workers’ Compensation Update On Response To Covid

2021-09-21T13:44:42Z

2020-04-17 The Illinois Workers' Compensation Commission has adopted an emergency rule that eases the burden on essential workers' who contract the Covid 19 virus and their ability to pursue a claim for benefits. This link to the National Law Review provides some basic information. https://www.natlawreview.com/article/illinois-makes-workers-compensation-more-accessible-covid-19-first-responders-and. Contact J. Kevin Wolfe at jkwolfe@hslaw.us for more detailed information on any possible claim. As always, take care and be safe. Back To News

What’s The True Cost Of Workers Compensation Reform

2021-09-21T13:45:01Z

2019-01-16

A few months ago we talked about the battle in Illinois over Workers’ Compensation benefits and the costs to employers. Of course the fight is not over and Governor Rauner continues to say that injured people get too much and ought to receive less. Ask just about anyone who is out of work and trying to get by on temporary disability benefits and they will have a different story. Weekly benefits seldom match up with actual earnings so if you have the bad luck to get hurt in the middle of the construction season when overtime is plentiful and work is good, you are going to lose all that overtime money and get paid at a weekly rate that is based on your whole year and not just what you were making at the time of injury. For most people that means those slow months are averaged in to the good months and the weekly benefit rate is cut. In addition, Workers’ Comp does not pay for health insurance and contributes nothing to pension so all those fringe benefits disappear. The Republican refrain is that benefits cost too much and Illinois loses employers who don’t want to pay the high cost of comp. The trust is that the rate of injury in Illinois is less than the national average and far less than in our neighboring states of Indiana, Iowa, Wisconsin and Michigan. In addition to the lower rate of injury, Workers’ Compensation claims are down 16 percent and the amount paid per claim has been reduced by 8 percent from 2009 to the present. You might think this would all translate into lower costs for Illinois employers but thanks to our insurance industry it hasn’t happened. The national insurance group that recommends rates for almost all states says that rates charged to employers in Illinois should be down 30 percent. But they are only down a small fraction of that amount and the profits of insurance companies have increased 30 fold since 2011. How much did your wages go up over that time? Speaking of costs to run government, we talked in the past about the Village of Lincolnshire and how its spends taxpayer dollars. Remember that they are the ones who tried to make right to work the law in their community even though it does not exist anywhere else in the state. That waste of taxpayer dollars to print the law ran smack into a federal judge who understood that one little town can’t make law for the whole state and he told the town to forget it. Instead of getting back to cleaning the streets and fixing sidewalks, Lincolnshire wants to spend more taxpayer money appealing the district court decision to the 7th Circuit Court of Appeals. I guess they can afford it since the household income in Lincolnshire is about 2 times what it is statewide. I guess those that got it want to make sure they don’t have to share it. Always remember that the bottom line for right to work is that Union members pay the cost for all those who chose not to join or pay dues. And don’t think that the Union can deny the freeloaders full representation because it can’t so you get to pay for someone whose “conscience” says they can’t support the Union. All the tweets in the world don’t change the facts. Back To News

Sangamon County Judge Blocks Workers’ Compensation Emergency Rule

2021-09-21T13:45:21Z

2020-04-27 WMBD Peoria, along with other news outlets, report Sangamon County Circuit Court Judge John Madonia has issued a temporary restraining order on the emergency rule regarding contracting the COVID-19 virus and essential workers. This is not the last word and we continue to monitor this and other sources regarding this issue. https://www.1470wmbd.com/2020/04/25/judge-blocks-new-illinois-workers-compensation-rule/ Back To News

Illinois Workers’ Compensation Commission Withdraws Emergency Rule

2021-09-21T13:45:36Z

2020-04-27 In an emergency meeting of the Commission this morning, the Illinois Workers' Compensation Commission voted to withdraw the emergency rule adopted on April 16, 2020 creating a presumption of causation for essential workers who contract the Covid 19 virus. Back To News

Illinois Business Interests Sue To Block Workers’ Compensation Commission Emergency Rule

2021-09-21T13:45:49Z

2020-04-23 News outlets are reporting a recent lawsuit filed by the Illinois Retail Merchants Association and the Illinois Manufacturers Association to block implementation of the Commission's recent emergency rule that shifts the burden of proof for essential workers who contract the covid 19 virus. We will keep you updated on all developments. The link provided by the ISBA is Business groups file lawsuit against workers' compensation emergency rule. Back To News

Democrats Pass Workers’ Compensation Measures

2021-09-21T13:46:05Z

2019-03-05 Workers' Compensation Reform Bill Passed On May 26, 2017, representatives of the State of Illinois fulfilled their promise of scrutinizing the current workers' compensation system as ordered by Governor Bruce Rauner. In the session, Majority Democrats endorsed the proposal requiring companies that write workers' compensation insurance to obtain the approval of the state for their rates. Furthermore, the legislators proposed the creation of a non-profit company overseen by the government to write competitive policies. The current governor has demanded workers' comp reform since he was a gubernatorial candidate and has pushed for changes as soon as he held office. In fact, the budget impasse then was counting on the changes that were to be made in the workers' compensation reform. This means that the reform was crucial not only to workers' compensation but also to the passing of the annual budget. Highest Workers' Compensation Rates in the Country Businesses in Illinois have paid some of the highest workers' compensation rates in the country. The governor and many Republicans claim that this is caused by the limited controls on abuse by workers. However, Democrats claim that insurance companies have been keeping the profits for themselves after a reform measure was passed six years ago. Thus, the bill that the Democrats passed establishes government oversight on insurance companies and the manner in which whey charge businesses. With sources from: Illinois Lawmakers Pass Workers' Compensation Measures Democratic Lawmakers Pass Workers' Comp Bill Workers' Compensation Back To News

Appellate Court Limits Employers Use Of Ama Rating Of Impairment To Reduce Compensation Awards

2021-09-14T22:23:21Z

2018-11-14 If you are hurt on the job what are you entitled to receive for permanent disability and what things are used to determine the amount? Is there one thing that matters the most? ‍ Since September 1, 2011, the law has required the Workers’ Compensation Commission to consider 5 factors when determining permanent disability. These are: 1) the AMA impairment rating, 2) the occupation of the injured person, 3) the person’s age, 4) the person’s future earning capacity, and 5) evidence of disability corroborated by treating medical records. The list seems short but it has spawned years of legal fighting over the meaning of each factor and whether all of them are required before there can be any award of permanent disability. ‍ We finally have an answer to the last question. On June 28 the appellate court for workers’ compensation claims ruled that no one of the factors counts more than the others and the Commission does not need to have evidence of all of them in order to award permanent disability. Since the law was changed in 2011 insurance companies have trumpeted the AMA rating as the be all and end all for permanent disability. They hire some doctor to produce a rating and then tell the injured worker that is what you get. Of course, the insurance company doesn’t tell you that the AMA rating, in its own words, is an “impairment” rating and not a disability determination. These two things might sound the same but in the eyes of the law they are not even first cousins. A typical AMA rating for someone who has rotator cuff repair surgery might be in the area of 4% of the person as a whole, even though the person cannot lift his arm past shoulder height, reach to the middle of his back above the waist or work overhead. For most construction workers the inability to work overhead is the end of a career. Yet, according to AMA guidelines and plenty of insurance companies, that gets you 4% which is 20 weeks of permanent disability. For someone who made $1,000 per week that is $600 per week for 20 weeks. Not much of a deal for a busted career! Time and again we see injured people who didn’t think they needed a lawyer show up in court to have a settlement approved by the arbitrator. The insurance company, who was sooooo concerned about the person’s welfare, sends their lawyer to tell the arbitrator that the chicken feed settlement is based on an AMA rating so it has to be Ok. The arbitrator asks the person if they want to accept the settlement and then approves it and off they go with a few pennies for a lifetime of pain and disability. Impairment and disability are not the same thing. Don’t be fooled by an insurance company that points to a number that their doctor calculated based on a book that was never meant to judge disability and says that is what you get and aren’t we great to give it to you without a fight. Insurance companies use experienced claim adjusters trained in how to pay the least amount possible backed up by lawyers who handle claims every day and know how to sell refrigerators to Eskimos with no electricity. Without help of your own the injured person looks like fresh meat at the sausage factory. Back To News

Appellate Court Confirms Protections For First Responder Claims For Post Traumatic Stress

2021-09-14T22:22:26Z

2018-10-17 In the recent decision of Moran v. Illinois Workers' Compensation Commission (Village of Homewood), 2016 IL App (1st) 151366WC, the Illinois Appellate court found that a firefighter, who had witnessed the injury and death of a fellow firefighter at the scene of the incident, proved entitlement to benefits for the development of post traumatic stress, even though the claimant was not physically injured. This is an important decision as it affirms the rights of workers who "suffer a sudden, severe emotional shock traceable to a definite time, place and cause which causes psychological injury or harm...". Knowing how to address these injuries, how to properly present them to an arbitrator or a jury, and what it takes to prove your claim is important. If you have suffered this type of injury, or are in an accident and have questions, call us to get the advice and representation necessary to win your case. Back To News