Illinois lawmakers seek to limit workers’ comp claims for travel-related injuries

pConstructionCrane Dollarphotoclub 63647400 300x224Not all job-related injuries occur in the workplace. Many employees are required to travel hundreds of miles by road, train, boat or air in the course of their employment. Severe injuries or illnesses can occur while workers are in transit. According to the U.S. Census Bureau, more than 160,000 workers were injured during job-related travel during 2010. A new Illinois bill, SB 2624, would limit workers’ compensation claims made by employees injured on the road. This important piece of legislation has the potential to affect thousands of claims in Illinois every year.

What are the changes proposed by SB 2624?

SB 2624 is a composite bill that contains a number of workers’ compensation reforms and updates. If the bill is passed, it will cause three major changes to Illinois law:

  • The weekly wage of injured workers will be determined by a new and more rigorous formula.
  • Shoulder injuries will be considered as arm injuries for compensation purposes, and hip injuries will be considered as leg injuries.
  • Benefits for travel-related injuries will be severely curtailed.

All of these changes could have a considerable impact on the financial situation of injured workers in Illinois.

How would SB 2624 limit claims for travel-related injuries?

According to the provisions set out by SB 2624, employees who are required to travel as part of their jobs are only eligible for benefits if an injury occurs during active engagement in job activities. The injury must also arise directly out of employment. The bill sets a new standard for compensable injuries: they must be more than 50 percent job-related and not connected to any hazards or risks outside the sphere of employment.

What does this mean in practical terms?

Under current Illinois law, many injured employees have successfully filed for benefits after an accident during work-related travel. A 32-year-old Chicago plumber received almost a year of temporary partial disability in 2012 after slipping and falling on a restaurant floor while getting breakfast on the way home after an exhausting 11-hour overnight shift. If SB 2624 passes, such cases may be ineligible for benefits.

Controversies surrounding SB 2624

These proposed cuts to service have attracted a considerable amount of controversy. Advocates of the bill argue that it would reform a bloated and overly generous workers’ compensation system, offering better protection to employees who are genuinely disabled in the line of duty. Opponents argue that it would deprive workers of necessary protection against the hazards of commuting and other work-related activities.

Are you facing the aftermath of a work-related injury in Illinois? Get in touch with a workers’ compensation attorney today to find out more about your options and your rights.