Changes to Illinois' Workers' recompense Law in 2011

Workers Comp Lawyers Security - Changes to Illinois' Workers' recompense Law in 2011

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In the spring of 2011, Illinois lawmakers made some changes to our state's workers' compensation laws. In this area of law, the interests of the worker and those of the owner are generally at odds. The new changes are aimed at helping businesses save money, which inevitably comes at the charge of injured workers.

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We generally recommend that an injured worker seek out an experienced workers' compensation attorney and at the very least get an preliminary consultation. Now, we believe it's even more foremost for an worker to have someone on their side who is customary with the law. The new law affects injuries occurring on or after September 1, 2011.

Illinois workers are still allowed to choose their own doctor, as well as a second physician if they want to switch or get a second opinion. And any referrals from these doctors should be covered, as well. This is known as two chains of referrals. However, employers now are permitted to have preferred provider networks (Ppos) for workers' compensation, and the law penalizes employees if they don't choose one of these approved providers. If an worker opts out of the network (which is allowed if requested in writing), it counts as one of their choices of doctors, and they are left with just one.

Doctors and other condition care providers who treat injured workers are paid from a set fee schedule. The new law reduces the fees, paying providers about 30% for treatment of work injuries. Again, this reduces the cost for employers.

In expanding to restricting physician selection and reducing physician fees, the new changes to the law limit wage benefits, as well. When a worker is unable to return to their former occupation, or must work for less pay as a supervene of their work injury, they are entitled to a wage differential. These are payments given to the worker for a portion of the unlikeness in their pre- and post-injury wages. These benefits used to be available indefinitely, and even for life. The law now says they can continue for five years, or until the worker turns 67, whichever is later.

Benefits for carpal tunnel syndrome, a repetitive stress injury, are limited, as well. In order to settle benefits, this type of injury is measured by a ration of loss of used of the hand. The new law limits the ration to 15% (and 30% in some cases), and caps benefits at 190 weeks.

The 2011 changes also affect how a worker proves their case. In situations where a worker was intoxicated at the time of the injury, the law still says that the worker can get benefits if the intoxication was not the cause of the injury. So if the worker was drinking on the job, and then something heavy randomly fell on them, they could still get benefits. However, if they were drinking and their drunkenness caused them to stumble and bump into a shelf, which then caused something heavy to fall on them, benefits would be unlikely. The new law makes these cases more difficult for injured workers by saying if they fail a drug or alcohol test, it is assumed that the intoxication was the cause and it's up to the worker to prove otherwise. This puts the burden on the employee. The law also says that benefits will not be available for workers who are extremely intoxicated. (You can't get benefits in any situation if you are acting "outside the scope of your employment" when injured; ultimate intoxication puts the worker in this category, according to the new law.)

Another restriction on the availability of benefits is when it comes to proving permanent disability. An employee's testimony is no longer determined a good way to settle this. Instead, arbitrators must look at a list of objective factors, along with the employee's age, occupation, time to come earning capacity, and evidence of disability in healing records.

One more paramount change: All the arbitrators will be accomplished and must reapply if they want their position back. We surmise that most will be rehired.

There are supplementary changes to the text of the law, but in our belief these are the most significant. If you have any questions, talk to an attorney who focuses their custom in this area. They should be fully aware of the new laws and ready to justify how they might affect your claim. If you already have a claim, or your injury occurred prior to September 1, 2011, the new laws likely won't affect your case.

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