Recently, an Illinois House committee voted to abolish the Illinois workers compensation system. Could this proposed bill become pass and become law and what would that mean for injured workers in Illinois?
Anything is possible, but I doubt Illinois work comp will be abolished. If it were, it would mean big changes to how work related injuries are handled and how workers are compensated. Under the current Illinois work comp laws, fault for the injury is generally irrelevant, as long as the injury is work related, the injured worker is entitled to work comp benefits. If Workers' Compensation was completely dismantled, injured workers would be forced to go through the civil courts and would likely be required to prove negligence or fault by another party to be successful. Additionally, that process is much slower and immediate benefits would not likely be available to the injured employee.
On the other hand, money awards would not be limited by the current work comp regulations which limit the value of injuries brought under work comp and dictate compensation and prevent the injured worker from filing a lawsuit against their employer for any negligence. Instead damages would be left to a jury and evidence of medical bills, injuries, and symptoms would be submitted to a jury just like in a personal injury case. This would likely lead to larger damage awards to injured workers than what they currently receive under the work comp system.
