A woman is suing her former employer and insurer for allegedly terminating her for filing a workers’ compensation claim. Jennifer Harrison filed a complaint on Sept. 17 in the Madison County Circuit Court against The Garden Kingdom Inc. and Erie Insurance, alleging they violated the Illinois Workers’ Compensation Act. According to the complaint she was injured during the course of…
One of the most common challenges facing employers in Illinois workers’ compensation claims is preventing or minimizing exposure for disability benefits while an employee is recuperating from a work related injury. If the employee has a complete work restriction, temporary total disability (TTD) is owed under 820 ILCS 305/8(b). If the employee has light duty restrictions, the employer can avoid…
The introduction of legislation impacting first responders was named the top trend in workers compensation reforms countrywide by the National Council on Compensation Insurance despite the fact that only a handful of bills have passed to date. Boca Raton, Florida-based NCCI tracked 814 state bills in 2018 and found that 103 of them dealt with first responders battling post-traumatic stress…
Section 5(a) of the Illinois Workers’ Compensation Act provides the damages an employer must pay for work-related injuries. It specifies a worker injured in the line of duty cannot sue her employer or its other employees. That prohibition is easy enough to apply where one employee is injured by the negligence of another, or of the employer, at the business…
In the first six months of 2018, opioid prescriptions to injured workers declined six percentage points, according to a report released Tuesday by Optum Inc.’s Workers’ Compensation and Auto No-Fault program. The Eden Prairie, Minnesota, pharmacy benefits management’s recent report falls in line with similar figures in workers comp that show dips in opioids in the comp sector, showing that…
Workers’ compensation reform became an issue during an appearance by the Republican and Democratic candidates for Illinois attorney general during a forum in Normal on Wednesday, according to press reports. The Chicago Tribune reported that Republican candidate Erika Harold supports business-friendly reforms proposed by Illinois Gov. Bruce Rauner, who is running for re-election. That brought a rebuke by Democratic challenger…
Illinois’ efforts to become a more favorable captive domicile may have stalled, but they could resurface later this year when the legislature starts its next session, experts say. Illinois Gov. Bruce Rauner last week issued an amendatory veto of S.B. 1737 — legislation that would overhaul a number of provisions in the Illinois Insurance Code — because of concerns that…
Two years ago, James Klenk of Freehold, N.J. suffered a heat stroke and went into renal failure after several days sorting and unloading heavy boxes in the back of a UPS truck. He had been a driver for UPS for 14 years and almost died that day. Klenk is one of countless workers across the country enduring symptoms of heat…
Illinois Gov. Bruce Rauner has vetoed, with recommended changes, a workers’ compensation measure that would have allowed for interest to be paid on delayed payment in disputes between insurers and medical service providers. In his letter explaining his veto action, Rauner stated: “SB 904, as approved by the General Assembly, proposes changes to the Workers’ Compensation Act to: 1) provide…
Ninety-two current and former employees of two Indiana lawn care companies – Super Cutz Lawn Care LLC and Precision Cut Lawn Service – have received $59,926 in back wages following two investigations by the U.S. Department of Labor’s Wage and Hour Division (WHD) that found employers violated overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA). In its…
