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If an employee can establish a direct causal connection to its exposure to COVID-19 via its workplace, the employee may now have a valid claim for workers’ compensation coverage.
On April 13, 2020, the Illinois Workers’ Compensation Commission (IWCC) established an emergency rule amending the Illinois Administrative Code for workers’ compensation hearings that created a rebuttable presumption for workers sickened with COVID-19 who work in “critical” industries as defined in the Illinois Stay Home Order, as well as those workers who are first responders. The emergency rule expanded the definition of COVID-19 “First Responder” or “Front-Line Worker” to a broad category of workers, and would have applied to virtually all businesses that are permitted to remain open under the Illinois Stay Home Order. The emergency rule created a presumption that those workers contracted the illness