Injured workers may have more options for recovering damagesSeptember 2014Illinois Law Update, Page 424The Workers' Compensation Act is amended to alter the circumstances under which an injured employee may seek damages from a service organization associated with the employer, his insurer, or his broker.
Workers’ Comp and Temporary or ‘Borrowed’ WorkersBy James P. LoobyAugust 2013Article, Page 426With more employers turning to staffing agencies, determining who the real employer is and isn't - and thus whom the worker might be able to sue in civil court - is trickier than ever.
Court applies traveling employee exception to workers’ compensation claimFebruary 2013Illinois Law Update, Page 72On December 6, 2012, the Illinois Appellate Court, Fourth District, held that a contractor could reasonably foresee that an employee would stay at a motel close to a job site when their home was 200 miles away, and thus the employee's injury while traveling from the motel to the worksite arose in the course of his employment for workers' comp purposes.
Borrowing employer’s insurer not liable to Illinois Insurance Guaranty FundDecember 2012Illinois Law Update, Page 632On October 12, 2012, the first district appellate court held that a borrowing employer's workers' compensation insurer had no obligation to repay the Illinois Insurance Guaranty Fund ("Fund") for disbursements the Fund made to an injured employee when the lending employer's workers' compensation insurer became insolvent.
Definition of “service organization” includes safety inspectorsAugust 2012Illinois Law Update, Page 404On May 18, 2012, the first district of the Illinois Appellate Court clarified the meaning of a "service organization" as defined in section 5(a) of the Workers' Compensation Act's ("Act") exclusive remedy provision (820 ILCS 305/5(a)).
Retaliatory-discharge claim against town not time-barred by Tort Immunity ActOctober 2011Illinois Law Update, Page 496On July 22, 2011, the 4th District Appellate Court reversed the lower court's decision granting the Town of Normal's motion to dismiss plaintiff Mary Collins' retaliatory-discharge claim. Since Collins' claim was brought under the Workers' Compensation Act, there is an exception to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), and her claim is not time-barred by the one-year statute of limitations in section 8-101(a).
A new, stricter test for independent contractor status?By Helen W. GunnarssonMay 2007LawPulse, Page 230Has the Illinois Supreme Court embraced a test that makes it harder for employers to classify workers as independent contractors rather than employees and thus avoid employee-related taxes and other expenses?
Worker finds light at the end of the carpal tunnelBy Helen W. GunnarssonDecember 2006LawPulse, Page 642The Illinois Supreme Court rules that for purposes of filing a timely workers' comp claim, the petitioner's carpal tunnel syndrome manifested on the day it was diagnosed, not the day she first experienced pain.
“In the course of employment” is the same as “in the line of duty”June 2006Illinois Law Update, Page 284On March 31, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding that a prior decision in a workers' compensation action collaterally estopped the defendant village from litigating the issue of causality in a Public Employee Disability Act (PEDA) action.
Award of medical expenses is “compensation” under the Workers’ Compensation ActMarch 2006Illinois Law Update, Page 118On December 21, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding that an award of medical expenses was "compensation" under the Workers' Compensation Act (Act) and that the claimant was, therefore, entitled to interest on his award of medical expenses.
Workers’ comp overhaulBy Helen W. GunnarssonJuly 2005LawPulse, Page 330Proponents say that new revisions to the Workers' Comp Act will increase benefits, hold down costs, speed claims resolution, and reduce fraud.