Several bills have been introduced to reform Illinois’ workers’ compensation system.
“Our state is currently the 7th most expensive state in the country when it comes to workers’ compensation costs,” said Kim Clarke Maisch, state director of NFIB/Illinois. “Governor Rauner campaigned on making workers’ compensation reform a top priority, and he has continued his call for reform as governor.”
NFIB strongly supports reforming our causation standard and other reforms that will bring down costs, and will be working with the Rauner administration to bring about these changes.
At the top of the list is reforming “causation” standards, Maisch said. “Currently in Illinois, the workplace can be less than 1% responsible for an injury, yet the employer is the on the hook for 100% of medical costs plus disability payments,” she said. Twenty-nine other states have a higher causation standard than in Illinois and have lower costs as a result.
“If Illinois would just be ‘average’ in our workers’ compensation costs, it would be a huge cost savings for employers,” Maisch said.
HB 2418 (Kay), HB 2412 (Kay), and SB 772 (McCarter) all seek to address the problem of our low causation standard by requiring the workplace be at least 50% responsible for the injury. This will weed out those fraudulent claims where an employee was hurt off the job site and not during the course of the workday, Maisch said.
HB 2420 (Kay) and SB 771 (McCarter) provides that no employer shall be required to pay temporary partial disability benefits to an employee who has been discharged for cause. An employer should be able to terminate these benefits if the employee has voluntarily violated a rule or policy of the employer and fired for “just cause.”
HB 2422 (Kay) seeks to ensure employers are not paying twice for the same injury in cases where an employee files multiple claims.
SB 770 (McCarter) would remedy the issue of an employee who is required to travel in connection with his or her employment and who suffers an injury while in travel status. This bill states the employee is eligible for benefits only if the injury arises out of and in the course of employment while he or she is actively engaged in the duties of employment.
