Category: Workers Compensation Defense
Employers Take Note – Change to Illinois Rules of Evidence Make It Difficult to Defend Workers Compensation Claims Related to COVID-19
Earlier this week, the Illinois Workers’ Compensation Commission adopted an emergency rule which changes the applicable burden of proof and will make it much more difficult for employers to defend against workers compensation claims filed by certain employees who contract COVID-19. Under normal workers compensation procedures, the burden is on the employee to establish that
Intentional Infliction of Emotional Distress Not Preempted By Workers’ Comp Act
A federal judge in Chicago recently allowed a woman’s lawsuit alleging intentional infliction of emotional distress against her employer to move forward, ruling that the claim is not preempted by the Illinois Workers’ Compensation Act. In Phillips v. Exxon Mobil Corp., Plaintiff’s lawsuit, brought under Illinois law (in federal court due to a federal claim in
Failure To Inform Insured Of A Change In Policy Coverage Results In Expanded Liability For An Insurance Company
One of the most basic and powerful tools available for every party to a lawsuit is found under Illinois Supreme Court Rule 213. Simply known as “Interrogatories,” these questions provide a party with the tools to ask questions to the adverse party which must be answered truthfully and fully, outside of any objections. These questions