Illinois Workers' Compensation Commission

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

I like reading Rule 23 orders. In Illinois, Rule 23 orders are decisions by the Appellate Court that can’t be used as precedent except in very limited circumstances. They often fall within two categories. The first category consists of scenarios that happen so often, it would be silly to publish all of them. It’s the

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

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