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By April 13, 2020April 14th, 2020No Comments


n a surprise move, this morning the Illinois Workers’ Compensation Commission voted to authorize an emergency rule creating a rebuttable presumption that an employee who comes down with COVID-19 is presumed to have caught the virus at that work was the reason.  You may view the emergency rule here

This makes it extremely difficult for employers to defend against claims.  The rule applies to everyone who works for an

‘essential business’ as laid out in Section 1(12) of Governor Pritzker’s Stay-at-home Executive Order. For retailers, those ‘essential businesses’ are:

  • stores that sell groceries and medicine
  • food, beverage, and cannabis production and agriculture
  • gas stations and businesses needed for transportation (e.g. bike shops)
  • hardware and supplies stores
  • mail, post, shipping, logistics, delivery, and pick-up services
  • laundry services (e.g. dry cleaners)
  • restaurants for consumption off-premises
  • supplies to work from  home (e.g. an electronics store)
  • supplies for essential businesses and operations
  • hotels/motels

Others included are employees of first-responders, healthcare professionals engaged in patient cart, correctional officers, organizations that provide charitable and social services, critical trades, educational institutions, home-based care and services, residential facilities and shelters, professional services, day care centers for employees of ‘essential businesses’, manufacturers, and funeral services. You can read the EO here