Illinois Workers' Compensation Law

Alan Hampton was a police officer for the Village of Bolingbrook. Hampton was on duty on December 20, 2016 when he responded to an accident with injuries in the center of an intersection. Hampton’s lights and sirens were on. There was a fire vehicle on the scene with activated lights. Hampton tried to position his

Can you have your wage differential and your perm total, too? In the case of Chlada v. Ill. Workers’ Comp. Comm’n, 58 N.E.3d 848, 405 Ill.Dec. 587 (Ill. App. 2016) , the answer from the Appellate Court was a resounding YES. In this case, the petitioner was employed as a beer truck driver / salesman.

If there is a third party case associated with your workers’ compensation claim, you need to be careful about what body parts you list in that contract at the time of settlement! The third district of the Illinois Appellate Court recently decided the case of Clifton Armstead v. National Freight, 2020 IL App (3d) 170777

With all the talk about COVID19 vaccinations in the news, have you thought about how vaccinations in the workplace could result in workers’ compensation and occupational disease claims? The Illinois Workers’ Compensation Act has a section that deals directly with vaccinations in the workplace:

Any injury to or disease or death of an employee arising

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

On October 5, 2020, the Center for Medicare and Medicaid Services (CMS) released Version 3.2 of the WCMSA Reference Guide. CMS identified the following changes:

  • To define the major medical centers that the Workers’ Compensation Review Contractor (WCRC) uses to estimate future medical expenses in proposed WCMSA’s, a list of major medical centers, organized by