On April 13, 2020, the Illinois Workers’ Compensation Commission (IWCC) enacted an emergency rule which is designed to protect essential employees should they become ill with COVID 19. The rule creates a “rebuttable presumption” that if an essential employee contracts COVID 19, the contraction occurred during-the-course of his or her employment.
The meaning of a rebuttable presumption is the “assumption is deemed factual unless rebutted by reliable conflicting evidence.” For example, if a nurse who has been working with COVID 19 patients contracts the virus, the IWCC will presume the nurse contracted the disease from his or her patients. It will be up to the employer to provide evidence to the contrary. The rule is set to expire 150 days from the date it was enacted.
Our attorneys have successfully represented scores of Illinois firefighters under the Illinois Firefighter’s Protection Amendment (ILFPA) which was enacted in 2008. The same “rebuttable presumption” rule was applied in this amendment. I believe our experience handling claims under the ILFPA makes our attorneys uniquely qualified to represent Illinois “essential employees” successfully before the IWCC should the need arise.
Please contact us at 312-661-0450 to speak with one of our attorneys for more information concerning the new rule.
Donald W. Fohrman & Associates, Ltd. 101 W. Grand Ave., Suite 500 Chicago, IL 60654 P: 312-661-0450 F: 312-661-0953 www.chicagolegalnet.com
After completing law school Donald became an assistant Attorney General for 7 years and was assigned to the Industrial Commission Division. During that time he spent evenings establishing his own firm. Donald became a founding partner of a large workers’ compensation/personal injury firm but decided to leave the firm in 1990 to start a smaller “boutique” firm with the belief that bigger isn’t always better!
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COVID 19 ChangesDear valued clients:
Our office is aware of the Covid 19 situation and is taking measures to keep our staff safe during these difficult times. For the immediate future, we will not be meeting in person with any of our clients. However, all of our clients can reach us by telephone, email at chicagolegalnet@yahoo.com or by facsimile at 630-451-9477. Our office remains open and we will continue our work as usual. We feel this is best for everyone concerned.
13 Sep, 2016
Turbulence Causes a Wave of Injuries for Flight AttendantsRecent reports reveal that severe turbulence has been responsible for a wave of injuries involving flight attendants in the past few years. Although numerous passengers have become severely injured as well, flight attendants are at a much higher risk of suffering significant, turbulence-related injuries that result in medical treatment, lost time from work, disability, and even death.
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The Rate of Workplace Injuries Continues to DeclineThe United States Bureau of Labor Statistics recently reported that the rate of employer-reported occupational injuries and illness continued to decline in 2015. According to the report, there were about 2.9 million workplace injuries and illnesses reported by private sector employers -- down approximately 48,000 from 2014. With about three reported cases per 100 workers, the rate was lower than it had been since 2002. Aside from 2012, the pattern of decline has been steady for the past 13 years. According to Assistant Secretary of Labor for OSHA David Michaels, however, the numbers are still too high.
