Illinois House Bill HB1065

Illinois 2023-2024 Regular Session

• Introduced: 1/12/23
• Refer: 2/15/23
• Refer: 1/12/23
• Refer: 3/10/23

Caption

WORKERS COMP-PRESUMPTION

Impact

This bill is particularly significant for firefighters, emergency medical technicians, paramedics, and similar roles, as it aims to provide greater protections and easier access to workers' compensation for health issues that can arise from the unique hazards encountered in their jobs. The rebuttable presumption pertains to conditions like hypertension, heart disease, respiratory conditions, and hearing loss that may develop progressively over years. Such a legal framework could potentially lead to an increase in successful compensation claims from these groups, reflecting a shift toward recognizing the inherent occupational risks they face.

Summary

House Bill 1065 amends the Workers' Compensation Act in Illinois to introduce a rebuttable presumption for certain health conditions of employees, specifically targeting firefighters and emergency medical personnel. The bill's objective is to ease the burden of proof on these workers when claiming compensation for health impairments believed to arise from their employment. Provisions are included that stipulate the employing entity and any party disputing the presumption must demonstrate by clear and convincing evidence that a non-work-related cause is responsible for the condition, thereby shifting the burden of proof onto employers in these cases.

Contention

Despite the bill's protective intentions for health and safety, there are notable points of contention. Opponents may express concern that the rebuttable presumption could lead to increased claims, potentially driving up costs for employers or creating an environment where fraud is more plausible. Furthermore, there may be discussions surrounding the specifics of the exposure thresholds related to hearing loss, and how these thresholds are applied or determined, seeking a balance between protecting workers' rights and managing the economic implications for staffing and coverage in emergency services.