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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…