Illinois to consider expanding presumptions to hospital staff

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 existing presumptions that already apply to firefighters and emergency medical personnel.

Under the measure, any condition or impairment of health suffered by a hospital security guard that results directly or indirectly from specified diseases would be presumed to arise out of and in the course of employment, unless an employer can rebut that presumption. Covered conditions include bloodborne pathogens, contagious staph infections such as MRSA, lung or respiratory diseases, heart or vascular conditions, hypertension, tuberculosis and cancer. The presumption would also apply to hernias and hearing loss.

To qualify, an employee must have at least five years of service as a hospital security guard at the time an application for adjustment of claim is filed with the Illinois Workers’ Compensation Commission. The presumption would not apply to guards employed for less than five years.

Supporters of the bill argue hospital security guards face heightened risks due to frequent exposure to violent incidents, bodily fluids and infectious diseases in medical settings. If enacted, the measure could increase claim acceptance rates for affected workers while potentially raising claim costs for hospitals and their insurers. The bill is pending further legislative action.

This article was first published in Business Insurance

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