COVID-19 Legal Update: ILLINOIS

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Workers' Compensation Administrative board/ commission

IWCC

 

How does the state define an occupational disease?

CH 48, Sec. 1 (d) In this Act the term "Occupational Disease" means a disease arising out of and in the course of the employment or which has become aggravated and rendered disabling as a result of the exposure of the employment. Such aggravation shall arise out of a risk peculiar to or increased by the employment and not common to the general public.
A disease shall be deemed to arise out of the employment if there is apparent to the rational mind, upon consideration of all the circumstances, a causal connection between the conditions under which the work is performed and the occupational disease. The disease need not to have been foreseen or expected but after its contraction it must appear to have had its origin or aggravation in a risk connected with the employment and to have flowed from that source as a rational consequence.
An employee shall be conclusively deemed to have been exposed to the hazards of an occupational disease when, for any length of time however short, he or she is employed in an occupation or process in which the hazard of the disease exists; provided however, that in a claim of exposure to atomic radiation, the fact of such exposure must be verified by the records of the central registry of radiation exposure maintained by the Department of Public Health or by some other recognized governmental agency maintaining records of such exposures whenever and to the extent that the records are on file with the Department of Public Health or the agency.
Any injury to or disease or death of an employee arising from the administration of a vaccine, including without limitation smallpox vaccine, to prepare for, or as a response to, a threatened or potential bioterrorist incident to the employee as part of a voluntary inoculation program in connection with the person's employment or in connection with any governmental program or recommendation for the inoculation of workers in the employee's occupation, geographical area, or other category that includes the employee is deemed to arise out of and in the course of the employment for all purposes under this Act. This paragraph added by Public Act 93-829 is declarative of existing law and is not a new enactment.

 

COVid-19 Specific Laws, agency declarations/ press releases, or enacted regulation?

Illinois Workers' Compensation Commission Releases

IWCC Emergency Rule Expanding Work Comp Coverage to First Responders & Frontline Workers for COVID-19
April 15, 2020

IWCC Resolution Repealing the Emergency Rule Expanding Work Comp Coverage for COVID-19
April 27, 2020

IWCC Updates the Medical Fee Schedule
April 15, 2020

Enacted Legislation: COVID-19 Rebuttable Presumption for Workers' Compensation
June 5, 2020

DOI Bulletin: Coverage Related to Business and Property Damage Losse
June 8, 2020

Court Closures & Modified Call

Emergency Procedures Update

 

Is the administrative court system closed or open?

Closed - emergency motion call; arbitrations/hearings suspended until 5/31/20.

 

Does this state have a shelter-in-place in order?

No - order was 3/21/2020 until 5/30/20; phased re-opening in place.

 

Any state-specific guidance on disability, unemployment, or health benefits for COVID-19? 

Unemployment.

 

Last Updated: 8/10/2020