La Administración de Salud y Seguridad Ocupacional (“OSHA”) y el Departamento de Trabajo federal ampliaron recientemente las protecciones para los trabajadores indocumentados que denuncian malas condiciones de trabajo, lesiones en el lugar de trabajo, e infracciones reglamentarias. La Legislatura de Illinois también está considerando la “Ley de Trabajo sin Miedo,” que brinda más protecciones a los trabajadores indocumentados que presentan quejas laborales.

¿Qué derechos tienen los trabajadores cuando se lesionan en el trabajo?

• Todo trabajador ...

On June 5, 2020, Governor Pritzker signed into law the Covid-19 Presumption Bill which stated that for purposes of the Illinois Workers Compensation Act or Occupational Disease Act, for front-line Workers and first responders who were exposed to and contracted Covid-19, there will be a rebuttable presumption that the exposure and contraction of the virus arose out of and was in the course of their employment, and that the disease was causally related to their employment – meaning it will be presumed that it was contracted at work, and no further proof will be necessary. This ...

Workplace injuries are commonplace in our country regardless of industry or occupation. According to the U.S. Department of Labor, there were over 2.8 million workplace injuries reported in the United States in 2019. Included in that number is over 5,000 fatal injuries, and over 850,000 nonfatal injuries that caused a worker to miss at least one day of work. The most common types of workplace injuries are overexertion, falls/slips/trips, contact with objects or machinery, workplace violence, and transportation accidents.

Workplace injuries can happen for a number of reasons ...

The Third Dist. IL Appellate court decision, Armstead v. National Freight, Inc.(2020 IL App (3d) 170777), may have significant ramifications for Workers' Compensation (WC)practitioners (and Pro Se claimants) because the court held that plaintiff’s personal injury (3rd party) claim was barred by collateral estoppel based on the description of the injuries in the Pennsylvania WC settlement contract. Here, the plaintiff agreed that his injury was a “right knee strain” and did not list all other claimed injuries that he may claim in the Personal Injury case. To my ...

I write to let you know about a positive development for many workers who have been on the front lines of COVID-19 and have contracted the virus in the current pandemic. For many of those COVID-19 first responders and front-line workers, there is the real possibility that they could have been exposed to the virus in the course of their work, and now the Illinois Workers’ Compensation Commission has acknowledged that risk and will allow those workers to more easily obtain benefits under the IL Workers’ Compensation Act (the Act). It’s important to note that in this pandemic the ...

There have been promising developments in recent months for anyone involved in a workers’ compensation (WC) case in Illinois. WC attorneys are pleased to see some much needed and overdue resources added to speed resolution of more WC cases in the state. The appointment of new arbitrators and an enhanced process for documents mean new efficiencies and more prompt conclusions for parties.  

Illinois Workers’ Compensation Commission (IWCC) arbitrators conduct judicial hearings, render awards and decisions, and approve settlement contracts in accordance with statutory ...