On February 3, 2022, the Illinois Supreme Court held that the Illinois Workers’ Compensation Act’s exclusive remedy provision (which ordinarily bars civil lawsuits against employers filed directly by employees) does not prohibit employees from suing their employers directly for violations of the Biometric Information Privacy Act (“BIPA”). BIPA is a statute in Illinois that governs entities
Is a Positive At-Home COVID-19 Test Acceptable for WC Claims? A State-by-State Perspective With the increased prevalence of at-home COVID-19 test kits, a common question for employers is whether a positive at-home COVID-19 test is sufficient to establish a COVID-19 diagnosis as compensable for the purpose of a workers’ compensation claim. In this alert, we
OSHA has now published a federal rule mandating COVID-19 vaccinations or at least weekly testing for workers at employers with 100 or more employees. This codifies the September 2021 directive by the White House to have the Department of Labor implement a rule to assist in increasing vaccination numbers in the United States. While OSHA rules
Now that the State of Illinois is fully reopened, businesses are faced with questions on employee vaccination status. Among the most common considerations are whether an employer can mandate a vaccine, and the potential liability should an employee suffer an adverse side effect. In part two of our three-part series on the return to work after
As the State of Illinois advances into Phase 5 of its “Restore Illinois” plan, all sectors of the economy have reopened, and employees are returning to the physical workplace. The transition to a “new normal” presents a variety of legal considerations for employers considering the ever-changing governmental COVID-19 policy and guidance. In part one of
As expected, on February 26, 2021, Governor J.B. Pritzker signed House Bill 4276 for COVID-19 occupational disease claims in Illinois into law. This law extends application of the original rebuttable presumption legislation enacted in June, 2020, which states that front line or essential workers (as defined by the Executive Order from March 2020) alleging COVID-19
COVID-19 VACCINE: MISSOURI WORKERS’ COMPENSATION AND COMMON QUESTIONS With the recent development and release of COVID-19 vaccines, we received questions from our clients about whether (1) an employer can mandate a vaccine, and (2) potential workers’ compensation liability if they do so. Certainly, employers have an interest in keeping their employees safe from both health
The Kansas Supreme Court issued its long-awaited decision in Johnson v. U.S. Food Service, 111725 (Kan. 2021). In this case, Mr. Johnson injured his cervical spine, ultimately requiring a two-level cervical fusion. The claimant submitted evidence from several physicians that his impairment rating under the 4th Edition of the AMA Guides would have been significantly
On January 13, 2021, the Illinois General Assembly passed HB4276, which has implications for COVID-19 workers’ compensation claims in Illinois. This bill extends application of the original rebuttable presumption legislation enacted in June, 2020, which states that front line or essential workers (as defined by the Executive Order from March 2020) alleging COVID-19 exposure and
In our last alert, we discussed the threshold question for compensability of workers’ compensation claims arising out of adverse reactions to the COVID-19 vaccine. As a point of clarification, we wanted to make our clients aware of Section 11 of the Illinois Workers’ Compensation Act and Section 1(d) of the Occupational Diseases Act as well.
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