Workers’ Compensation

In Barickello v. Illinois Workers’ Compensation Commission, the Illinois Appellate Court did not rule on the merits of the worker’s claim or the employer’s defenses. Instead, it dismissed the employer’s appeal because the court lacked jurisdiction to hear it.  The worker injured his back on the job and later settled his workers’ compensation case. Years after the settlement, he…

An Illinois appellate court recently confirmed that an injured worker can lose temporary total disability (TTD) benefits if they are medically able to return to work within restrictions and refuse a valid light-duty job. The case involved an insulator who injured his lower back at work and later underwent spinal fusion surgery. After surgery, his doctor cleared him to return…

A recent Illinois appellate decision looks closely at when an assault on a traveling employee is covered under workers’ compensation. Although the ruling is nonprecedential, it provides a clear roadmap for how courts analyze street risks, the “aggressor” defense, and causation in cases involving third-party attacks. The Incident Jose Avila worked as a delivery driver for Amazon. On August 1,…

A measure that would strengthen enforcement of workers compensation insurance requirements for licensure was filed Thursday in the Illinois House. H.B. 5228 would amend state workers comp law to subject corporations, limited-liability companies and partnerships to civil penalties if they don’t maintain required workers compensation coverage as a condition of licensure by a state agency. Under the bill, entities could…

“Fast-emerging” large workers compensation claims, or those reaching $1 million or an applicable threshold in incurred losses within roughly two years of injury, now make up a majority of all large claims, according to the National Council on Compensation Insurance. “Fast-emerging” claims accounted for 59% of claims exceeding $1 million in 2023, up from 27% in 2003, according to figures…

U.S. private industry employers reported 2.5 million nonfatal workplace injuries and illnesses in 2024, a 3.1% decline from 2023 and the lowest total recorded since the Bureau of Labor Statistics began tracking the data in 2003, according to the latest report released Thursday. The drop was driven largely by a sharp decline in reported illness cases, which fell 26% to…

Several states have taken steps toward letting injured workers choose their own doctors, a trend experts say can affect costs and outcomes as a key element of medical control shifts away from employers and insurers. H.B. 1069, introduced Dec. 5 in Indiana, would amend state law to require employers after June 30, 2026, to pay for an “attending physician” selected…

Illinois lawmakers have introduced legislation that would expand workers compensation presumptions to cover hospital security guards who develop certain illnesses or medical conditions linked to their jobs. H.B. 4226, introduced Thursday, would amend the Illinois Workers’ Compensation Act to add hospital security guards to the list of public-facing safety workers eligible for rebuttable presumptions of compensability. The bill builds on…

Indiana lawmakers are considering legislation that would give injured workers the right to choose their treating physician in workers compensation and occupational disease claims. H.B. 1069, introduced Friday, would amend Indiana law to require employers to pay for an “attending physician” selected by the employee after June 30, 2026, regardless of when the underlying injury or occupational disease occurred. Under…