New Illinois Rule to Streamline Workers’ Compensation Covid-19 Claims & Establish a Rebuttable Presumption

27.5.2020

Next week, Illinois Governor J.B. Pritzker is expected to sign into law a new rule (approved by the General Assembly) creating a rebuttable presumption for any individual worker designated as a “First Responder,” “Front-Line Worker,” “Health Care Provider,” and/ or “essential worker” as outlined in Executive Order 2020-10, and who obtains a confirmed diagnosis or tests positive for COVID-19. This new rule not only provides a rebuttable presumption that the worker was exposed to and contracted the virus as a result of their employment, but also that the virus was causally connected to the duties of their employment. In effect, the presumption shifts the burden of proof that typically falls on the worker and instead requires employers or insurers to prove that the worker did not contract the virus while on the job.

The rebuttable presumption is just that: rebuttable! The new rule sets forth several criteria that must be met for the presumption to apply, as well as, evidence that may be used to rebut the presumption. If faced with a rebuttable presumption COVID-19 claim, know that ASA Law Group stands by ready to advise and defend! ASA Law Group has created a step by step Cheat Sheet that breaks down this analysis step by step to aid in evaluating these claims. Please do not hesitate to contact ASA Law Group owner and president, Shuaib Ahmed, for a copy today via email: sahmed@asalawgroup.net.

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