Vote Smart's Synopsis:

Vote to pass with amendment a bill that authorizes worker compensation for essential and frontline workers during the COVID-19 pandemic.

Highlights:

• Specifies that the death of any police officer as the direct result of the exposure to and contraction of COVID-19, as proven by either a confirmed positive laboratory test for COVID-19 or its antibodies or a confirmed diagnosis of COVID-19 from a licensed medical professional, will be presumed to have been contracted while in the performance of an act of duty and the police officer will be presumed to have been fatally injured while in active service (Sec. 10).

• Specifies that the presumption will apply to any police officer who was exposed to and contracted COVID-19 on or after March 9, 2020, and on or before December 31, 2020 (Sec. 10).

• Specifies that for the purposes of determining when a police officer contracted COVID-19, the date of contraction is either the date that the officer was diagnosed or was unable to work due to symptoms that were later diagnosed as COVID-19, whichever occurred first (Sec. 10).

• Specifies that in any proceeding before the Illinois Workers’ Compensation Commission in which the employee is a COVID-19 first responder or front-line worker, if the employee’s injury or occupational disease resulted from exposure to and contraction of COVID-19, the exposure and contraction will be presumed to have arisen out of and in the course of the employee’s first responder or front-line worker employment and the injury or occupational disease will be presumed to be causally connected to the hazards or exposures of the employee’s first responder or front-line worker employment (Sec. 15).

• Defines “COVID-19 first responder or front-line workers” as (Sec. 15):

• All individuals employed as police, fire personnel, emergency medical technicians, or paramedics;

• All individuals employed and considered as first responders; 

• All workers for health care providers, including nursing homes and rehabilitation facilities and home care workers; 

• Corrections officers; and

• Any individuals employed by essential businesses and operations as long as individuals who are employed by essential businesses and operations are required by their employment to encounter members of the general public or to work in employment locations of more than 15 employees.

• Prohibits any COVID-19 case from increasing or affecting any employer’s workers’ compensation insurance experience rating or modification, but COVID-19 costs may be included in determining overall state loss costs (Sec. 15).

• Specifies that the presumption does not apply if the employee’s place of employment was solely the employee’s home or residence for a period of 14 or more consecutive days immediately prior to the employee’s injury, disease, or period of incapacity (Sec. 15).

• Authorizes an employer to be entitled to credit against any liability for temporary total disability due to an employee contracting COVID-19 for (Sec. 15):

• Any sick leave benefits or extended salary benefits paid to the employee by the employer under the Emergency Family Medical Leave Expansion Act, Emergency Paid Sick Leave Act of the Families First Coronavirus Act, or any other federal law; or

• Any other credit to which an employer is entitled under the Workers’ Compensation Act. 

• Specifies that for any benefits paid for a week of unemployment between March 15, 2020, and December 31, 2020, and attributable to COVID-19, an employer that is subject to the payment of contributions will not be chargeable for any benefit charges (Sec. 500).

• Specifies that for any regular benefits paid for a week of unemployment between March 15, 2020, and December 31, 2020, and attributable to COVID-19, a nonprofit organization that is subject to making payments in lieu of contributions will be chargeable for 50 percent of the benefits paid (Sec. 500).

• Specifies that for any benefits paid for a week of unemployment between March 15, 2020, and December 31, 2020, and attributable to COVID-19, the state and any local government that is subject to making payments in lieu of contributions will be chargeable for 50 percent of the benefits paid, irrespective of whether the state or local government paid the individual who received the benefits wages for insured work during the individual’s base period (Sec. 500).

Full Bill Text