Yesterday, the Illinois Workers' Compensation Commission issued an emergency amendment creating a rebuttable presumption for First Responders and Front Line workers who contract COVID-19. Under the amendment, if any First Responder or Front Line worker suffers an injury or a period of incapacity due to COVID-19, it will be presumed that the exposure is work-related and compensable under the Illinois Workers' Compensation Act. In other words, if you meet the definitions in the Act, it is presumed that the employer's workers' compensation insurance carrier is responsible for paying medical bills, temporary total disability wages, and disability payments for any permanent injury, including death.
The amendment does not exclude employees in the covered industries who are working from home.
First Responder is defined as any police, fire personnel, EMT's, paramedics, health care providers, and Correctional Officers.
Front Line workers covered under the amendment include those in the following industries: grocery and pharmacy; food, beverage, and cannabis production; charitable and social service organizations; gas stations and transportation; financial institutions; hardware and supply stores; critical trades; mail, post, shipping, logistics, delivery, and pick-up services; educational institutions; laundry service; restaurants for consumption off premises; home-based care and services; residential facilities and shelters; professional services; day-care centers for children of essential workers; manufacture, distribution, and supply chain for critical products and industries; critical labor union functions; hotels and motels; and funeral services.
The rule will expire in 150 days.
SUMMARY: If you have to work right now and you contract COVID-19, you may have a right to seek work comp benefits. Call us at 618-931-1100 for help.
On October 8, 2019, the Illinois Workers’ Compensation Commission affirmed and adopted, with no changes, an arbitration decision entered on September 19, 2018, ordering the State of Illinois to pay our client over $79,000.00 in medical expenses, over $50,000.00 in back temporary total disability benefits, and over $27,000.00 in permanent partial disability benefits, arising from a foot injury that the State argued never happened. The case involved a foot injury the correctional officer suffered while running to respond to an inmate altercation. The officer was running on a street and the heel of his foot struck the edge of a pothole. After months of conservative treatment, the worker eventually underwent surgery consisting of an excision of a calcaneal bone cyst, a tarsal tunnel decompression, and an endoscopic plantar fasciotomy that was converted to an open fasciotomy. The State disputed the case from the very beginning and even argued at arbitration that records did not show an incident on the date that Petitioner was injured. However, the Arbitrator found it relevant that the State chose not to admit into evidence a supervisor’s report regarding the incident, even though such report existed and was within the possession and control of the State at the arbitration.
Tarsal tunnel and plantar fasciitis cases for correctional officers are very difficult to win, especially when there are disputes about whether and how the accident occurred. Nevertheless, we deposed the treating surgeon and took the case to arbitration and continued to fight for the correctional officer on appeal. This decision results in over $150,000 in benefits that had been withheld for over 3 ½ years. Matt Chapman arbitrated the case on behalf of the officer. Mary Massa argued the case on appeal. If you or someone you know has been injured at work and is struggling to receive the compensation they deserve, please call our lawyers for help at 618-931-1100.
Becker, Schroader & Chapman, P.C. is proud to announce that Matt Chapman, working with John Padilla of the firm Padilla & Rodgriguez, LLP, obtained an $800,000 settlement for a Greenville, Illinois operating engineer who suffered multiple injuries after a fall from a ladder in Brazos County, Texas near Texas A.M University. Ronald Knerrer’s employer sold a concrete silo to Knife River Corporation and Knerrer was on-site to assist in the installation of the silo at the Knife River plant. Knerrer was injured when he attempted to descend a fixed ladder on the silo. Unbeknownst to Knerrer, a Knife River employee, who was tasked with removing a ladder cage that was in the way, also removed the bolts from the ladder, but left the ladder in place. As Knerrer began to climb down the ladder, the ladder fell away, causing Knerrer to fall over 13 feet to the concrete pad below.
Knerrer suffered multiple injuries, including a Grade 1 open right tibial shaft fracture and a left shoulder SLAP type II tear . Both injuries required surgery.
Matt Chapman teamed up with John Padilla, a Houston attorney. The negligence lawsuit was filed and multiple depositions were taken in Texas. Chapman and Padilla also arranged for Knerrer to travel to Texas on multiple occasions for evaluations by experts hired to provide medical and economic opinions in the case. A mediation took place in August 2019 that paved the way for the settlement in September. Knife River agreed to pay $800,000 and all of Knerrer’s medical bills were paid.
There were several legal hurdles in Texas that had to be overcome for a successful resolution. In his search for a co-counsel, Matt was turned down by more than one attorney who believed the case was too difficult . Our firm, along with John Padilla, believed in the case and invested substantial funds to obtain this successful resolution.
A work accident can leave an Illinois employee facing serious injuries, unexpected costs and other issues that can make the road to recovery difficult. If you were hurt at work or you are suffering from the effects of a work-related illness, you have certain legal options available to you. This includes the right to file a workers' compensation claim.
In the aftermath of a workplace accident, it is beneficial to take steps to protect your rights and interests. One thing you can do is to educate yourself regarding your rights and how you can seek a full and fair recovery through a carefully prepared workers' compensation claim.
The basics of this type of insurance
The intent of workers' compensation insurance is to provide financial support and other benefits to individuals who suffered injuries or illnesses as a result of their jobs. These benefits will cover various financial losses and expenses, allowing the injured worker to fully recover and return to work as quickly as possible. Some of the benefits you may be able to claim after an accident include the following:
- Medical care you may need for your injuries
- Recovery of a portion of your lost wages
- Expenses associated with any retraining needed to return to work
- Appropriate compensation for disabling injuries
Workers' compensation payments are not extravagant, and they will not cover all of your income, but they can allow you to take the time you need to get better and move forward after a serious accident.
By filing a workers' compensation claim, you will relinquish your right to sue your employer. However, in some cases, an injured worker may have grounds to pursue additional compensation through a third-party claim. By seeking a complete evaluation of your case, you can be certain you do not leave any money on the table that could be available to you.
Your return to work
After a work accident, you could be dealing with injuries that may leave you with physical limitations and other difficulties. You may not be able to return to the same job you had or you may need additional training to get back to work. Through workers' compensation, you also may be able to secure rehabilitation benefits, which can provide you with necessary vocational support.
Your recovery after a work accident is important. You would be wise to seek a full explanation of your rights and how you should proceed with this important benefits claim.