Lawmakers Take a Stand against Proposed Workers' Compensation Rollbacks

Governor Rauner has made it the goal of his administration to reform the workers' compensation system in Illinois. Citing comparisons with other states, he argues that these changes are necessary to make Illinois more appealing to businesses and investors.

Concerned with the governor's proposals which would unduly raise the burden of proof and reduce the compensation awarded for those who file workers' compensation claims, House Speaker Michael Madigan convened a rare hearing on May 5th to explore the impact the proposed changes would have.

A number of people impacted by changes in other states were brought forward to testify at the hearing. One in particular was John Coffell who had injured his back while working at a tire plant in Lawton, Oklahoma. The changes in Oklahoma's workers' compensation system reduced his monthly benefits by nearly $1000 which made it difficult for him to cover monthly expenses including rent and grocery bills.

"The workers' compensation system has been put in place to ensure that private industry is responsible to their employees. What is happening now is that private industry is pushing to have this responsibility put back onto the public's shoulders. It's happening because businesses have lobbied legislators to make it happen," scolded Chicago workers' compensation attorney Neal Strom.

Governor Rauner's proposed changes include higher standards for determining causation of injuries. This is intended to eliminate the possibility that a pre-existing condition contributed, or was the primary reason leading to any injuries on the job. This is simply impossible to do in the vast majority of cases.

Further, the governor's proposals would give judges discretion to give equal weight to the opinion of physicians hired by a business?s insurance company with those of the workers own physicians. Such a scenario could very easily negate the opinion of the workers physician and result in the provision of substandard or inadequate care in the treatment of any injuries.

"What has happened in the states Governor Rauner used to base his proposals upon is that workers have given up their rights to sue employers for what are clearly work related injuries. Now, by accepting no-fault insurance for restorative treatment and care, they're not getting the care they bargained for, and they have no right to sue their employers. If that happens in Illinois, workers will leave the state and employers will be left without employees," chastised Neal Strom, a Chicago workers' compensation attorney.

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