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
Oct 22, 2025
Hinshaw & Culbertson LLP Launches New Website and Refreshed Brand

Press Release
Sep 26, 2025
Hinshaw Recognized as a “Leader in Litigation” in the BTI Consulting Litigation Outlook 2026 Survey

Privacy, Cyber & AI Decoded Alert
Sep 23, 2025
Fall 2025 Regulatory Roundup: Top U.S. Privacy and AI Developments for Businesses to Track

Press Release
Sep 15, 2025
Hinshaw Achieves 2024–2025 Mansfield Rule Certification Plus Status

In The News
Sep 5, 2025
Jessica Riley Reflects in a Law360 Story on Lessons She Learned as a Junior Lawyer

Press Release
Aug 25, 2025
Trial Spotlight: Hinshaw Prevails in ERISA Fiduciary Fraud Case







