Illinois Workers' Compensation Commission Notice of Emergency Amendment Regarding COVID-19
Insights for Employers Alert | 1 min read
Apr 15, 2020
On April 13, 2020, the Illinois Workers' Compensation Commission adopted an emergency rule stating that First Responders and employees in a broad range of industries who develop COVID-19 are "rebuttably presumed" to have contracted the disease in connection with their employment.
The key to defending COVID-19 worker compensation claims will be an immediate and thorough investigation which should include an interview of the claimant to determine if the virus was contracted "in connection" with their employment. While most claims will have minimal exposure, the exposure could be significant if an employee is hospitalized and/or passes away from COVID-19.
It is uncertain whether this Emergency Amendment will ultimately withstand legal scrutiny in the long run due to the absence of legislative involvement. However, for now this rule will impact the handling of any COVID-19 claims in Illinois. We certainly anticipate legal issues with respect to compensability in terms of whether an employee has an "injury" or "disease" that "arose out of" and "in the course of the employment." Regardless of the presumption in the new rule change, the claims analysis will be impacted factually by any testing, confirmed cases, high risk employees to known/potential exposures and medical opinions.
Featured Insights

Press Release
May 20, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 19, 2026
OCC's Final Escrow-Interest Preemption Rules Bolster the Second Circuit’s Cantero Decision

Webinar
May 19, 2026
Scott Seaman Speaks on Making Decisions in Difficult Risk Environments

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
SCOTUS Confirms: Federal Courts Retain Power to Affirm or Vacate an Arbitration Decision

In The News
May 13, 2026
Hinshaw Contributes Chapters to “Wrongful-Death and Survival Actions” IICLE Handbook

In The News
May 12, 2026
Hinshaw GC Steve Puiszis Discusses Protecting Attorney-Client Privilege in an AI Age

Event
May 12-13, 2026
Mitchel Chargo Speaks on the Rapidly Evolving Cannabis Industry

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 11, 2026
Tennessee Reaches Settlement with Mariner in Multistate UDAAP Enforcement Action

Press Release
May 11, 2026
Ali Degan Elected to the Fellows of the American Bar Foundation

Press Release
May 11, 2026
John Weedon Re-Elected to the Jacksonville Bar Association’s Board of Governors in 2026



