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+.
- Personal Injury Claim Cites FitBit Data
Wearable devices that track the movements of users to help them with personal fitness goals can also produce evidence that can be used in personal injury lawsuits. The first known case to use data from the popular FitBit device is now underway. The plaintiff in the personal injury claim was injured four years ago, before ...
- What You May Not Know About Drowsy Driving
When comedian Tracy Morgan was hit and severely injured by a fatigued truck driver, drowsy driving issues were pressed into a spotlight. Driver fatigue usually does not receive as much attention as drunk driving, but it can be just as dangerous. Here is what you need to know. It is more prevalent than you may ...
- Birth injury lawsuit filed for forty million USD
The family of a boy with cerebral palsy have filed a $40 million birth injury lawsuit, claiming that their son’s disorder was caused by medical malpractice. The parents of Maverick Ramseyer, now age six, filed the suit against Silverton Hospital in Oregon. The boy’s movements and coordination are hindered by the neurological disorder. He needs ...
- Appeals court affirms 20.6 million USD award in birth injury lawsuit
An appeals court upheld an award of $20.6 million to the family of a boy who now suffers from cerebral palsy due to a birth injury. The family had been awarded $21 million by a jury in Baltimore City Circuit Court, but that was reduced to $20.6 million because of Maryland’s cap on non-economic damages. ...
- Illinois construction engineer, pinned under crane, suffers severe injuries
A construction engineer was severely injured working in Elgin, Illinois on a bridge over the Fox River. A component fell from a crane and injured Rudolf Das on Monday, December 1, 2014 underneath the Interstate 90 bridge at Duncan Avenue. Das is a 51-year-old employee of K&S Engineers from Naperville, Illinois. According to his wife, ...