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Illinois Legislature Passes Rebuttable Presumption Law For COVID-19

Last June, the Illinois legislature passed a law on workers’ compensation for employees who contract COVID-19. The new law maintains that front line workers who contract COVID-19 will be “rebuttably presumed” to have gotten the illness in the course of their employment. However, the new legislation adds that an employer can challenge this presumption by demonstrating that they have been observing CDC and IDPH guidelines. In response, the petitioner would then need to provide proof that they contracted COVID-19 in the workplace or that a reasonable relationship exists between the disease and the workplace.

The new legislation also provides clarification on the following:

  • COVID cases will not impact the employer’s workers’ compensation modification factor
  • Employers will receive a TTD offset for employees on paid leave and extended FMLA
      • Employees will need to provide evidence that they tested positive for COVID-19. For cases prior to June 15, employees will need to show a positive diagnosis or test. For cases reported June 16th or later, employees will need to demonstrate a positive test.
  • The home will not be considered part of the workplace (for remote workers).