Illinois Workers' Compensation Act

Employees such as truck drivers and flight attendants often receive per diem. Per diem is defined as: 

 …a specific amount of money that an organization gives an individual, typically an employee, per day to cover living expenses when travelling on the employer’s business. A per diem payment can cover part or all of

Never a dull moment. Recently, in the case of Marquita McDonald v. Symphony Bronzeville, LLC et. al., the Illinois Appellate Court was called upon to determine whether the exclusivity provisions of the Illinois Workers’ Compensation Act bar a claim for statutory damages under the Illinois Biometric Information Privacy Act where an employer is alleged

On October 16, 2020, the 2nd District of the Illinois Appellate Court issued its decision in the case of West Bend Mutual Insurance Company v. TRRS Corporation, et. al. The decision addressed a consolidated interlocutory appeal concerning the propriety of a circuit court’s order staying the proceedings on a claim filed before the Illinois Workers’

In this blog post, we will continue to discuss the issues surrounding average weekly wage. In the case of Illinois-Iowa Blacktop, Inc. v. Industrial Commission, the court acknowledged that the special considerations accorded construction and seasonal workers due to the unique nature of their work have long been recognized in Illinois.  For example, some

The Illinois Workers’ Compensation Act states that bonuses are not to be included in the average weekly wage.  But the courts have found there is a distinction between incentive-based pay, which an employee received in consideration for specific work performed as a matter of contractual right, and a bonus, which an employee receives for no

Jurisdiction is a court’s power to decide a case or issue a decree. Remember that the Commission is a state agency, not a court. In a workers’ compensation claim, jurisdiction relates to the Illinois Workers’ Compensation Commission’s power to decide a case or issue a decree.  

The Illinois Workers’ Compensation Act gives the Commission jurisdiction

In 1903 and 1904, shortly before the opening of the St. Paul Mine in Cherry, Illinois, the state passed child labor laws that pulled twenty-two hundred boys aged eleven to fifteen from the mines. 

During the recovery efforts following the Cherry Mine Disaster, the chief state factory inspector found out that two young boys were

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

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

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