As a Chicago Law Firm advocating for workers’ rights for the past 40 years, we endorse the latest legislation by the Illinois General Assembly. We stand ready to fight for front-line and essential workers who contract COVID-19.
The new law passed on May 22, 20200 creates a rebuttable presumption that essential workers who are injured as a result of the disease contracted the virus as part of their jobs. Thus, this paves the way for them to bring a workers’ compensation claim.
This presumption applies to front-line workers and first responders such as police and fire personnel, emergency medical technicians and paramedics, health-care providers and corrections officers. Furthermore, it also applies to essential workers which is generally defined as workers for an essential business who were required to interact with the public or work with more than 15 employees at their place of work.
The requirement of an injury is not new in workers’ compensation law. Meaning, the worker must still show that they have suffered some damage to their health as a result of being infected. In addition, the worker must provide a positive COVID-19 diagnostic test or a test showing the presence of COVID-19 antibodies.
Keep in mind that the employer can still dispute and fight the claim. Employers can bring evidence showing that they followed CDC guidelines for distancing and sanitation in an effort to rebut the presumption. Nevertheless, the law represents a step in the direction of valuing our front-line and essential workers.
Our firm is here to answer your questions and address your concerns. Call or email us anytime at (312) 609-0400 or help@stromlawyers.com.
