The Illinois legislature is currently considering changes to the Illinois Workers’ Compensation Act which would have extreme negative consequences for injured workers in Illinois. It is essential that anyone who cares about the rights of injured workers in the State of Illinois contact their respective State Senator and State Representative to express their opposition to any attempt to gut the rights of injured workers.
What are the changes being proposed?
One proposal calls for the complete abolition of the Illinois Workers’ Compensation Act thus forcing injured workers to take their claims to the circuit courts of Illinois. The repeal of a law that has protected injured workers for a century would overwhelm the circuit court system with cases. Injured workers would no longer receive weekly disability benefits and would lose access to medical care. They would also be denied any recovery unless they could prove that their employer was negligent in causing the accident.
Other potential changes include:
1. Shifting the cost of medical treatment to other sources, including Public Aid and Medicaid/Medicare, thus relieving businesses of their responsibility to care for the injured worker and burdening Illinois taxpayers.
2. Reducing the amount of money doctors can charge for treatment to an injured worker potentially limiting the number of doctors willing to treat injured workers.
3. Giving the employer control over where an injured worker can seek medical treatment, thus eliminating the ability of working people to choose their own physician.
4. The use of American Medical Association Guides which would employ a “one size fits all” approach to measuring disability and lead to unjust outcomes in numerous claims.
These proposed changes are being rushed through the legislature without a detailed analysis on the consequences for every resident of Illinois. Where is the urgency? Workers’ compensation claims have dropped by 40% in the last decade. At the same time insurance costs for employers have continued to climb, along with the profits of the insurance companies.
Why is the legislature seeking “reform” on the backs of injured workers, rather than by better regulation of the insurance industry?
Here at Capron & Avgerinos we have dedicated our professional lives to representing the rights of injured workers and to helping them to obtain what they are entitled to under the law. We favor of an agreed bill process that produces only changes that are negotiated by all parties who participate in the workers’ compensation system: labor, management, attorneys and physicians.
We urge everyone to contact their elected State officials to register their strong opposition to any changes in the law that do not respect the rights of injured workers.
To learn the phone number and email address of your state representative or senator, go to http://elections.illinois.gov. Click on “Search Option,” then on “District/Official Search.”
