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Illinois Trial Lawyers Association (ITLA)

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Workers’ Compensation

ITLA works to protect access to fair and honest workers’ compensation for employees in the state of Illinois.

  • Workers’ rights should be at the forefront. Injured workers should not be subjected to reduced benefits.
  • Those injured on the job should be allowed to choose their own doctor and have access to quality healthcare.
  • Injured workers should also be adequately compensated in the event of a workplace injury.

ITLA works to protect these rights for all working people in the state of Illinois.construction company reacts

Workers’ Comp Overhaul in 2011
Worker safety and well-being should drive any discussion about reforms to the Illinois workers’ compensation system. In 2011, when Illinois enacted reforms to the workers’ comp system, the goal of this overhaul was to protect workers’ rights while reducing costs for employers, and many employers supported passage of that law. However, workers’ rights were compromised and employers have yet to see any real relief from the high cost of workers’ comp insurance.

The insurance industry, whose premiums dictate the price of our workers’ comp system, enjoyed a pass when it came to this bipartisan workers’ comp reform law. The law was intended to reduce insurance rates for employers, but businesses say they have yet to realize any real savings from the new system. Meanwhile, insurers are profiting more than ever from the new law, and any consideration of the exorbitant premiums their industry slaps on Illinois employers is conspicuously absent from the debate.

Insurance Industry’s Role
The business community complains of the high cost of the premiums they pay for workers’ comp insurance. The premiums are high and continue to get higher even though pending claims having dropped in the last decade, from approximately 80,000 to around 50,000, in a state of nearly 13 million people. Insurers continue to rake in excessive profits, despite the new law and promises of rate reductions for employers.

ITLA believes a closer look at the insurance industry and its lack of regulation is needed, and we have urged legislators to focus on insurance reform. In any potential future rewrite of the law, Illinois lawmakers should look closely at the insurance industry’s lack of regulation. Insurance reform, not further diminishment of injured workers’ rights, is the key to reducing employers’ workers’ comp costs.

Fraud
Any type of fraud – whether by employers or employees – in the workers compensation system must be eliminated to reduce costs. Our position has always been in favor of empowering the appropriate authorities, allowing them to crack down on abusers.  Any abuse of the system should not be tolerated.

Cost Shifting
Efforts to produce savings for employers should not simply shift the cost associated with workers’ comp to private insurance or Medicaid.  This would simply place more financial burden on private insurance – raising premiums for the policyholders – and on the Medicaid system, which is already millions of dollars behind on payments.

Causation
Despite claims to the contrary, a simple review of existing law makes clear that a worker’s injury must occur in the course of employment. Injuries that don’t occur on the job are not covered by the Workers’ Compensation Act and never have been.

For the most current statistics, click here for our Workers’ Compensation Fact Sheet. To compare workers’ compensation in Illinois vs. Indiana, click here.

 

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    Illinois Trial Lawyers Association
    401 W. Edwards Street,
    P.O. Box 5000, Springfield, IL 62704

    Phone: (217) 789-0755
    Toll Free: (800) 252-8501
    Fax: (217) 789-0810

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