Hear what our attorneys are saying

03
Apr 2019

The Attack on the Exclusivity Provision of the Illinois Workers’ Compensation Act Continues

By Keith Herman     

  Section 5(a) of the Illinois Workers’ Compensation Act provides, in part: No common law or statutory right to recover damages from the employee . . . for injury or death sustained by any employee while engaged in a line of his duty as such employee, other than the compensation herein provided, is available to
Read the full article…

Read More
02
Apr 2019

Slippery When Wet? 8 Steps Employers Need to Take Immediately After a Slip and Fall

By Kelly Wiggins     

  The Illinois Appellate Court recently released a very important decision for employers in Illinois answering the question: Is concrete slippery when wet? Luckily for employers, the answer to that question is a resounding “no” thanks to the holding in Dukich v. The Illinois Workers’ Compensation Comm’n, 2017 IL App (2d) 160351WC. As the defense
Read the full article…

Read More
28
Mar 2019

Did Medicare Really Need to Do That?

By Joseph Gregorio     

  When Medicare seeks recovery of conditional payments out of a settlement, judgment, or award from a beneficiary (as opposed to a primary plan), the conditional payment lien may be reduced by procurement costs (e.g. attorney’s fees).  However, if Medicare must file suit to recover the conditional payments from the beneficiary because they oppose recovery,
Read the full article…

Read More
27
Mar 2019

Senate Bill 1596: Impact on Injuries Involving Asbestos and Radiological Material

By Padraig McCoid     

  SB1596 The Illinois General Assembly recently passed new legislation amending the Illinois Workers’ Compensation Act (“WC Act”) and Occupational Diseases Act (“OD Act”).  SB 1596 provides that provisions of the WC and OD Acts “limiting recovery do not apply to injuries or death resulting from an occupational disease as to which the recovery of
Read the full article…

Read More
26
Mar 2019

FMLA Update: Employees Can’t Elect to Delay FMLA Leave for Covered Absences

By Anne-Marie Foster     

  The Department of Labor recently issued an opinion letter considering the following two questions: 1) can an employee elect to take paid leave for an FMLA-covered absence before FMLA leave is used?; and 2) is an employer permitted to provide FMLA-designated leave in excess of the 12 weeks of unpaid, job protected leave provided
Read the full article…

Read More