Neutral risk injuries have become a contentious topic in Illinois Workers’ Compensation law. In Illinois Senate Bill 12, the legislature attempted to codify recent trends that courts have taken by calling for an analysis of whether an injured worker’s employment quantitatively or qualitatively contributes to a neutral risk to determine a compensable injury. The First District Appellate Court of Illinois applied these factors in Noonan v. Illinois Workers’ Compensation Commission and determined that a neutral risk is compensable where the employee proves he was qualitatively …
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Illinois Legislature Looking to Reduce Costs by Reforming Risk
Illinois has recently proposed legislative reform to the Illinois Workers’ Compensation Act. The ultimate goal of the proposed legislation is to reduce costs of litigation and exposure for workers’ compensation injuries. While it is important to deliberate proposed legislation, it is also important to remember its impact is undecided. The following is an analysis of one particular proposed amendment regarding neutral risk, which may not meet the goals of legislative reform.
The proposed amendment, Illinois Senate Bill 12, attempts to provide more guidance regarding the …
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