On September 24, 2020, the Illinois Supreme Court filed its decision in the case of Kevin McAllister v. The Illinois Workers’ Compensation Commission. The Supreme Court held that the Commission’s finding that the claimant’s accidental knee injury did not arise out of his employment is against the manifest weight of the evidence, and reversed

What if I am injured, but I work for an employer that is not self-insured and does not have workers’ compensation insurance? 

If an employer is not self-insured and does not have workers’ compensation insurance, then an injured worker may have to proceed against both the employer and the Injured Workers’ Benefit Fund (IWBF). The

The Illinois Workers’ Compensation Act requires that an injured worker give notice of a work accident as soon as practicable, but not later than 45 days after an accident. However, the legislature has mandated a liberal construction on the issue of notice in that no defect or inaccuracy of such notice shall be a bar

Most countries around the world offer some level of protection to workers that are injured on the job.  These workers’ compensation regimes can look very different from what we are used to in the States. This week, we are going to take a quick look at the rights of workers who are injured in the

What if you’re injured while playing softball at a company picnic? What about a teacher injured during a faculty vs. student basketball game at a pep rally? These types of situations are addressed by Section 11 of the Illinois Workers’ Compensation Act, which states: 

 Accidental injuries incurred while participating in voluntary recreational programs including but

I have had lots of clients ask me this question over the years. But first, what is a Medicare Set Aside? Let’s look at the Workers’ Compensation Medicare Set Aside (WCMSA) Reference Guide Version 3.1 to see what the Center for Medicare and Medicaid Services (CMS) has to say about it:

Section 3.0: What Are

These days, more and more injured workers are questioning whether they are employees, and if so, who is their real employer? The increase in the number of  so called “independent contractors” and the rise of the gig economy has resulted in both confusion and litigation. There are plenty of unscrupulous employers out

The origins of the Illinois Workers’ Compensation Act can be traced back in history to the little town of Cherry, Illinois. Cherry is a village located in Bureau County that was established in 1904 and named after James Cherry. Mr. Cherry had been the former mayor Seatonville, Illinois and he was also the Regional Superintendent