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

In The News
Aug 24, 2026
David Schultz Reviews a Humorous—But Important—FDCPA Procedural Ruling

Press Release
Aug 20, 2026
115 Hinshaw Lawyers Recognized in 2027 Editions of The Best Lawyers in America® and Ones to Watch®

Press Release
Aug 20, 2026
Hinshaw’s Landmark Tower Client Project Receives 2026 Top Projects Award

Press Release
Aug 19, 2026
Fernando Rivera-Maissonet Elected as HNBA Region II Governor and Board of Governors Member

Employment Law Observer
Aug 17, 2026
Massachusetts’ First Paid Family Medical Leave Act Verdict Yields $4.75 Million Award

Press Release
Aug 13, 2026
Lauren Campisi Recognized as a 2026 BTI Client Service All-Star by BTI Consulting Group

Consumer Crossroads: Where Financial Services and Litigation Intersect
Aug 13, 2026
How Will Banks Be Impacted by the Proposed Regulation O Amendments?

Press Release
Aug 12, 2026
William Cook Honored With the Distinguished Service Award by the Chicago Bar Association

Webinar
Aug 12, 2026
John Ryan Presents on "Understanding what is Covered Under the TCPA Today"

In The News
Aug 12, 2026
Scott Seaman Analyzes California’s New Pleading Standards for Excess Insurance Policy Claims




