Dennis Kenny Law
Menu Contact
View Our Practice Areas

The End of Workers' Compensation in Illinois?

A radical workers' comp shakeup in Illinois could send shockwaves throughout the country, perhaps eventually reaching New York and New Jersey. The Illinois House of Representatives is mulling its options on what to do with the state's workers' compensation system.

The work-injury compensation scheme in 'The Land of Lincoln' is largely perceived to be a failure because it is one of the nation's most costly systems. Most politicians and employers believe that it is too easy for workers to obtain payouts, as workers need to provide relatively little proof that their injuries were sustained while on-the-job. Lawmakers on both sides of the aisle regard the system as broken and agree it needs overhauled. However, one radical proposal - eliminating workers' comp entirely - has gained surprising traction.

Work Injuries in a World without Workers' Comp

Without a structured compensation scheme, injured workers would have to take disputes with their employers into the courts. This could create a number of serious problems. Courts already deal with overloaded dockets. To accommodate an anticipated influx of work-injury disputes, the state would likely have to hire more judges and perhaps create an entirely new division of courts to replace the role of the workers' comp system.

Also, the system would presumably pit big legal teams from employers and insurers against a multitude of pro se litigants. While injured workers that partner with an experienced attorney are more likely to obtain compensation - with or without a workers' compensation system - many workers would opt to 'go it alone' and could face intimidating court battles against skilled lawyers from the insurance companies and corporations.

The Future of Workers' Comp in New York

New York's workers' compensation system also receives much criticism. NY lawmakers will be keeping a close eye on the legislative debate underway in Illinois. While there is no crystal ball to tell us whether Illinois will have a workers' comp fallout, it is worth watching because New York workers' compensation reform is likely coming in some form.

Source: Bloomberg Businessweek, "Ill. House may scrap workers' compensation," April 7, 2011.

No Comments

Leave a comment
Comment Information

Contact Our Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Locations

Newburgh Office: Main Office
288 North Plank Road
Newburgh, NY 12550

Toll Free: 888-312-5516
Phone: 845-764-4494
Newburgh Law Office Map

Poughkeepsie Office
3344 U.S. 9, 1st Floor
Poughkeepsie, NY 12601

Toll Free: 888-312-5516
Phone: 845-764-4494
Poughkeepsie Law Office Map

Goshen Office
55 Main Street
Goshen, NY 10924

Toll Free: 888-312-5516
Phone: 845-764-4494
Goshen Law Office Map

Albany Office
18 Computer Drive West
Albany, NY 12208

Toll Free: 888-312-5516
Phone: 845-764-4494
Albany Law Office Map

Kingston Office
303 Clinton Avenue, 2nd Floor
Kingston, NY 12401

Toll Free: 888-312-5516
Phone: 845-764-4494
Kingston Law Office Map

Middletown Office
1 Dolson Avenue
Middletown, NY 10940

Toll Free: 888-312-5516
Phone: 845-764-4494
Map & Directions

City of Newburgh Office
744 Broadway
Newburgh, NY 12550

Map & Directions