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IL SB1503

IL SB1503
WORK COMP-COSTS AND FEES


summary

Introduced
02/04/2025
In Committee
02/04/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the Workers' Compensation Act. Provides that, if a petitioner's claim is contested and enters arbitration proceedings, the Arbitrator shall include in its award pre-award interest at the rate of 6% per annum to a prevailing petitioner from the date of the contested injury, provided that no interest shall accrue if, within 12 months after the date of the injury, the respondent concedes that the claim is compensable. Provides that the non-prevailing party is responsible for any costs incurred in deposing a medical practitioner. Provides that all attorney's fees for representation of an employee or the employee's dependents shall be the responsibility of the non-prevailing employer (rather than only recoverable from compensation actually paid to such employee or dependents). Provides that, within 60 days after receipt of service of notice of preliminary proceedings before an Arbitrator, an employer shall disclose documents sufficient to calculate a petitioner's average weekly wage

AI Summary

This bill makes several key changes to the Workers' Compensation Act that affect the process and financial responsibilities in workers' compensation claims. Most significantly, the bill provides that if a worker's claim is contested and enters arbitration proceedings, the arbitrator must include pre-award interest at a 6% annual rate for a prevailing petitioner from the date of the contested injury, with the caveat that no interest accrues if the employer concedes the claim is compensable within 12 months of the injury. The bill also shifts the responsibility for certain costs: now, the non-prevailing party is responsible for costs incurred in deposing a medical practitioner, and all attorney's fees for representing an employee are now the responsibility of the non-prevailing employer, rather than being recoverable only from compensation paid to the employee. Additionally, the bill requires employers to disclose documents sufficient to calculate an employee's average weekly wage within 60 days after receiving notice of preliminary proceedings before an arbitrator. These changes aim to provide more financial protection and transparency for workers in the workers' compensation claims process.

Sponsors (1)

Last Action

Referred to Assignments (on 02/04/2025)

bill text


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