Changes to Illinois’ Workers’ Compensation Laws Did Not Go Far Enough, But Others Disagree
Chicago, IL (Law Firm Newswire) May 28, 2014 – Proponents of changes to Illinois' workers' compensation laws say that reforms passed in 2011 did not go far enough.
Newly proposed legislation would exempt employers from paying for injuries suffered while traveling to work if the worker is not traveling specifically for work purposes. This and other changes are needed, proponents say, to reduce workers' compensation insurance costs. Not everyone agrees.
“The problem with saying that these changes will reduce insurance premiums is that it has not been borne out by the evidence,” indicates Robert Briskman, a Chicago workers' compensation attorney. “After the 2011 reforms, the National Council on Compensation Insurance recommended that insurance companies lower their premiums by 14 percent, but the insurers refused to do so.”
Briskman says that if employers want lower premiums, they should focus on regulating insurance premiums, not on limiting the rights of injured workers.
The proposed legislation, introduced by state Sen. Kyle McCarter (R, Lebanon), would allow workers to receive compensation only if their injury “arises out of and in the course of” the worker's employment and “while he or she is actively engaged in the duties of employment.”
A recent decision by the Illinois Supreme Court addressed this issue in a specific set of circumstances, deciding against the worker. Gerald Daugherty, a Springfield pipefitter, obtained temporary employment at a Rock Island County power plant. He rented a motel room rather than commute 200 miles from his home. On the way to work, he was severely injured when the car in which he was riding hit a patch of ice and crashed. The state Supreme Court ruled that the worker was not traveling for work because he made a personal decision to take the job with an understanding of the travel that would be involved.
The proposed legislation was introduced before the Supreme Court's ruling. In addition to limiting the circumstances in which a worker may be compensated for injuries sustained while traveling for work, lawmakers seek to set a new standard for causation. Proponents say that these standards will require benefits to be more directly linked to the cause of a work injury.
Briskman Briskman & Greenberg
351 West Hubbard Street, Ste 810
Chicago, IL 60654
Facebook: Like Us!
Google+ Contact a Chicago personal injury attorney from Briskman Briskman & Greenberg on Google+.
- IKEA settles lawsuit regarding dangerous dressers for $50M
IKEA, which is the biggest seller of furniture worldwide, has entered into a $50 million settlement agreement with the families of three young boys, whose deaths were caused by products manufactured by the Swedish company. The victims, who were two years old and younger, perished when IKEA dressers fell over them. In each case, the ...
- CTA bus strikes inebriated passenger after driver forces him off bus
A man filed a lawsuit in Cook County Circuit Court on Thursday, November 3, 2016, alleging that a Chicago Transit Authority (CTA) bus driver hit him after the driver kicked him off the bus. The man was inebriated at the time. The incident occurred in May 2016, when Travis Crawford was a passenger on a ...
- Quadriplegic teacher wins $6 million for supermarket slip and fall accident
A former elementary school teacher was awarded a settlement of $6 million after she sustained life-altering injuries following a slip and fall accident at a supermarket in 2012. She filed a lawsuit alleging two counts of negligence against Jewel Food Stores in Cook County Circuit Court in 2012. Edythe Burnette, 57, had gone to a ...
- Making Bicycling Safer in Chicago
On this episode of Chicago Injury Alert, we look at cyclist safety in Chicago and what is being done.
- Illinois man claims Nexium use caused kidney disease
An Illinois man filed a product liability lawsuit against Nexium, claiming he suffered chronic kidney disease after taking the heartburn drug. George Mullen brought the complaint against Nexium manufacturer AstraZeneca Pharmaceuticals in the U.S. District Court for the Eastern District of New York on August 26. He is seeking $10 million in damages for alleged ...