HB 5769 Seeks to Bypass the Workers' Compensation System and the "Exclusive Remedy" Doctrine


On May 5, 2020, HB 5769, sponsored by Rep. Andre Thapedi (D-Chicago), was introduced, seeking to bypass the workers' compensation system and the "exclusive remedy" doctrine. This measure creates the Personal Protective Equipment Responsibility Act requiring an employer designated as an essential employer under a disaster proclamation issued pursuant to the Illinois Emergency Management Act or an executive order issued pursuant to the disaster proclamation to provide personal protective equipment to independent contractors and to all employees during the duration of the disaster proclamation or executive order. It authorizes the recovery of damages, including punitive damages, and attorney's fees.

Effective immediately, ASA is working with the IL Chamber of Commerce in opposing this bill. We are keeping our eyes on this legislation and will provide updates as they become available!

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