New Workers’ Compensation Laws May Affect Your Eligibility

New Workers’ Compensation Laws May Affect Your Eligibility

House Bill (HB) 3418 and Senate Bill (SB) 1596 have recently been passed, and pose significant changes to Illinois public policy. These bills were introduced in order to rescind the Illinois Supreme Court decision in Folta v. Ferro Engineering.

The decision provided that Illinois employees who endured inherent ailments like mesothelioma, radiation, or beryllium were to be covered under the Workers’ Compensation Act and Occupational Disease Act.

Workers’ Compensation Changes

Senate Bill 1596 has significant impacts for Illinois employers:

  • It removes the 25-year statute for injury diagnosis from the Illinois Workers’ Compensation Commission
  • Allows for employees with latent injuries to file direct actions against their employers
  • Clears the statute of repose within the current Illinois Workers’ Compensation Act
  • Attorneys are now allowed to charge clients 40% of their damages earnings, rather than the previous 20%

What This Means for Employees

If you are an employee in the state of Illinois, you are likely pleased with the outcome of the new legislation. However, there may be serious consequences for your employer that you should be aware of.

Under the new laws, Illinois employers are no longer covered for certain claims. Every general liability policy provides a customary ban on all civil claims against employers.

The impact of these new laws makes Illinois employers fully and personally liable for latent injury claims filed by employees while simultaneously removing work-related latent injury claims insurance.

This concerns employees as well, because an employer could potentially go bankrupt under the new rules. It is possible that insurance companies will provide this type of insurance to employers in the future, but it has not happened yet.

If you have been injured on the job, you may be entitled to recover damages for your losses. Our highly skilled attorneys at Chute, O’Malley, Knobloch & Turcy have recovered over $75 million on behalf of clients and may be able to recover compensation for you, too. Don’t hesitate to contact our firm with your case right away. The longer you wait, the less you’ll be able to recover.

Call the Illinois lawyers at Chute, O’Malley, Knobloch & Turcy today at (773) 906-4063 to speak with an accomplished attorney about your workers’ compensation case.