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McHenry County Workers' Compensation LawyerIllinois law requires all employers to carry workers' compensation insurance for employees in case they are injured while on the job. However, that liability often does not extend to injuries that happen at company-sponsored recreational events, such as picnics and sports leagues.

A shoulder injury from throwing a softball too hard at the company picnic or a torn ACL while playing for the company basketball team may lead to several doctor visits. Sometimes these events happen during company hours, but that does not mean you will be covered by workers' compensation. Illinois' Workers' Compensation Act and state court decisions say a company's liability is determined by whether the activity is considered voluntary, regardless of whether the employee is being paid while attending the event.

Illinois courts have often ruled against employee compensation for injuries that occur at voluntary events. However, there is a precedent for plaintiffs being awarded compensation. Success relies on a couple of factors:

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workplace injury, Crystal Lake Workers' Compensation LawyerThe Illinois workers' compensation program is a no-fault insurance system, and is intended to ensure that people who are injured in on-the-job accidents, or those who develop occupational illnesses, are compensated.

Almost all employers are required to carry workers' compensation insurance. Additionally, individuals are not required to show that their injury was anyone else's fault.

To a large extent, the workers' compensation system exists to shield employers from liability from lawsuits arising from workplace accidents while also ensuring that injured workers get the medical care that they need. As such, workers' compensation generally acts as the exclusive remedy for work-related injuries or illness. Therefore, employees cannot usually sue after a workplace accident.

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workers compensation bill, Crystal Lake workers comp attorneysWorkers' compensation in Illinois may be undergoing drastic changes that make collecting it more difficult, following the election of Governor Rauner. One of the most important features of any workers' compensation system is known as the “causation standard.” In order to collect workers' compensation, an injured employee must show that the injury arose out of their employment. The causation standard is the standard the courts apply for determining whether an injury actually arose out of the employment or whether it was caused by some other factor completely separate from the person's job.

A new senate bill, SB 846, would affect the workers' compensation in a variety of ways, but one of the most important is that it would raise the causation standard. The bill would institute something known as “primary causation.” That standard would make it more difficult for people to collect workers' compensation because it would require injured workers' to prove that the primary cause of their injury was their employment.

Causation in Workers' Compensation

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