Illinois

On June 5, 2020, Illinois’ Governor signed into law HB 2455, creating a rebuttable presumption for COVID-19 workers’ compensation coverage for first responders and “front-line workers”. The statute defines “front-line workers” to include a vast array of workers employed by “essential businesses”. The presumption is rebuttable by evidence that the employee was working from home for at least fourteen days prior to contracting COVID-19, contracted COVID-19 outside of work, or, notably, if the employer “ was engaging in and applying to the fullest extent possible or enforcing to the best of its ability industry-specific workplace sanitation, social distancing, and health and safety practices based on updated guidance issued by the Centers for Disease Control  and Prevention or Illinois Department of Public Health or was using a combination of administrative controls, engineering controls, or personal protective equipment to reduce the transmission of COVID-19 to all employees for at least 14 consecutive days prior to the employee's injury, occupational disease, or period of incapacity resulting from exposure to COVID-19.”

Illinois’ new workers’ compensation presumption is a part of a rapidly expanding national trend. Legislative bodies and executive across the country are currently considering laws expanding eligibility for compensation while often also creating broad evidentiary presumptions of work-relatedness for COVID-19 workers’ compensation claims.

Laws creating broad evidentiary presumptions for COVID-19 present both practical and legal problems for employers and workers’ compensation insurance carriers and may also ultimately frustrate their intended beneficiaries -- the front-line workers suffering from COVID-19. For workers, the rush to legislate has resulted in bills that are overbroad, covering employees with no special risk of exposure e.g. police dispatchers and hospital administrators, and under broad, often leaving out less glamorous jobs with high exposure such as bus drivers and store clerks. For employers and insurers, these laws radically shift the burden of proof on existing policies and may create enormous liabilities. Challenges to these laws will need to be resolved by courts - these bills may not withstand constitutional challenges based on retroactivity, the takings clause, the contracts clause, and due process. 

Chartwell is working across the nation to represent the interests of insurers and employers. Chartwell attorneys are on the front-line litigating all issues associated with COVID-19 and are available to advise regarding both individual claims and litigation challenging legislation.