The COVID-19 omicron variant appears to be waning and several states have lifted their mask mandates in recent weeks, but legislators are just getting started when it comes to the pandemic and workers compensation. Since state lawmakers went back to work in January, more than a dozen pieces of new or revived pieces of legislation have been filed, and more…
A bill before Illinois lawmakers this year would address recent court decisions finding that workers’ compensation exclusivity does not preclude claims for damages under the Biometric Information Privacy Act. H.B. 5396 would declare that if a worker brings an action against an employer for violations of the privacy act, the worker’s entitlement to relief shall be determined under the state’s…
The Illinois Workers’ Compensation Act (IWCA) does not bar claims for statutory damages under the state’s Biometric Information Privacy Act (BIPA), the Illinois Supreme Court unanimously ruled in a Feb. 3 opinion that could leave employers more vulnerable to a wave of privacy lawsuits. In McDonald v. Symphony Bronzeville Park, the seven-member court looked at a proposed putative class action…
Days away from work due to serious injuries decreased by 61% from 2019 to 2020, according to a new report from ISN Software Corp., despite an increase in the rate of serious injuries and fatalities. The analysis from ISN showed the three-year average for serious injuries and fatalities increased from 391 incidents per 100,000 workers in 2019 to 429 incidents…
A woman is suing her former employer, alleging she was terminated in retaliation for filing a workers’ compensation claim. Maria Hernandez filed a lawsuit on Dec. 27 in the Madison County Circuit Court against ET Superior Services KP, Inc.. According to the lawsuit, Hernandez was employed by ET Superior Services when she allegedly suffered a work-related injury on June 22….
Using workers compensation systems to provide medical and indemnity benefits to workers who contract COVID-19 could be advantageous, according to a report by Rand Corp. released Tuesday. “Assured benefits could encourage sick workers to stay at home, and workers compensation has long been recognized as an effective incentive for employers to proactively promote workplace safety by using insurance pricing to…
Indiana lawmakers Tuesday read through a new bill that would require the state Department of Education to provide adequate employer liability and workers compensation insurance coverage for students enrolled in a work-based learning course. H.B. 1094 would also designate certain career and technical education programs as youth apprenticeship programs, providing $500 grants to school corporations for each pupil enrolled in…
A federal district court has refused to dismiss a putative class action lawsuit filed against Amazon.com Inc. by a former employee who contends the company violated Illinois’ biometric law. William Naughton, who worked for two months in 2020 as a “picker” at an Amazon fulfillment center in Joliet, Illinois, charges the company violated the Illinois Biometric Information Privacy Act by…
Closed drug formularies continue to attract attention in states’ workers compensation systems as a tool to manage the utilization of prescription drugs and provide evidence-based guidance to physicians prescribing drug treatments for injured workers. The Official Disability Guidelines Workers Compensation Drug Formulary, also known as the ODG Formulary, has been adopted by several states including Indiana, Kentucky and Montana. In…
A contractor working at a Caterpillar Inc. foundry in central Illinois fell to his death when he apparently stepped off a ladder at the plant, authorities said. The Peoria County coroner said Scott M. Adams, 50, of East Peoria, was pronounced dead about 11 a.m. Thursday after his fall at the foundry in Mapleton. Autopsy findings are pending, the (Peoria)…
