The global pandemic created by COVID-19 “Coronavirus” will create multiple issues for the workers’ compensation industry.
This will include potential work related Coronavirus claims. There will also be ancillary ripple effects related to things such as court closings, business closings, delayed surgeries, etc. This memorandum is an analysis of those issues.
An individual diagnosed with COVID-19 could pursue a potentially compensable claim under the Illinois Occupational Diseases Act or Illinois Workers’ Compensation Act. In light of the fact that we are dealing with a virus, we believe the most likely choice of remedy would be for a claimant to pursue a claim under the Occupational Diseases Act, although it is foreseeable that claims could also be filed under the Workers’ Compensation Act. The Occupational Diseases Act provides benefits based on the rates established in the Worker’s Compensation Act.
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