The rules of the Illinois Workers’ Compensation Commission have just been amended on an emergency basis to address first responders and other critical workers during the pandemic. Under the emergency authority, the rules have been changed to more easily allow our first responders and front-line workers to collect benefits. If such workers contract the COVID-19 virus, there will be a rebuttable presumption that they will be covered by the Illinois Workers’ Compensation Act. This means that if you are defined as a front-line worker or first responder and you contract the virus, your condition will be considered related to your employment without other proof for purposes of collecting benefits for a workers’ compensation claim.
The term “COVID-19 First Responder or Front-Line Worker” means any individuals employed as police, fire personnel, emergency medical technicians, or paramedics and all individuals employed and considered as first responders, health care providers engaged in patient care, correction officers, and the crucial personnel identified under the following headings in Section I Part 12 of Executive Order 2020-10 dated March 20, 2020. “Stores that sell groceries and medicine”; “Food, beverage, and cannabis production and agriculture”; “Organizations that provide charitable and social services”; “Gas stations and businesses needed for transportation”; “Financial institutions”; “Hardware and supplies stores”; “Critical trades”; “Mail, post, shipping, logistics, delivery, and pick-up services”; “Educational institutions”; “Laundry services”; “Restaurants for consumption off-premises”; “Supplies to work from home”; “Supplies for Essential Businesses Operations”; “Transportation”; “Home-based care and services”; “Residential facilities and shelters”; “Professional services”; “Day care centers for employees exempted by [Executive Order 2020-10]”; “Manufacture, distribution, and supply chain for critical products and industries”; “Critical labor union functions”; “Hotels and motels”; and Funeral services”.
Capron Avgerinos & Heinlen will remain devoted throughout the entirety of this pandemic. If you or someone you know is an essential worker, we would appreciate the opportunity to discuss next steps.
As always, please do not hesitate to contact us.
Very truly yours,
CAPRON & AVGERINOS, P.C.