What Is Workers' Compensation for COVID‑19 in Illinois?
Workers' compensation is a no‑fault insurance program that provides medical care and wage replacement to employees injured on the job. In Illinois, the Illinois Workers' Compensation Act (WCA) was expanded in 2020 to include COVID‑19 as a reportable occupational injury or disease. This means employees who contract the virus while performing their job duties may be eligible for benefits.
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Eligibility Criteria
To qualify, an employee must meet all three of the following:
- They contracted COVID‑19 during work hours or while on official job premises.
- They are unable to perform their usual job duties because of the illness.
- The condition was not caused by an unrelated personal activity.
Employers must also provide a written statement of the work activity that likely led to infection, such as patient care or handling contaminated materials.
Claim Process Steps
1. Report the Injury
Employees should file a claim with the Illinois Department of Insurance (IDOI) within 60 days of the infection. The claim form (I‑200) requires medical records and a description of job duties.
2. Employer's Role
Employers must submit an I‑200A to the insurer within 30 days of receiving the employee's claim and provide a detailed incident report.
3. Investigation and Decision
The insurer reviews medical evidence, work history, and the incident report. If approved, benefits are issued; if denied, the employee may appeal.
Benefits Available
| Benefit | Description |
|---|---|
| Medical Benefits | All medically necessary care, including hospitalization, medication, and therapy. |
| Temporary Disability | Up to 75% of average weekly wage for up to 2 years, paid in 3‑month increments. |
| Permanent Partial Disability | Compensation if lasting impairment remains after recovery. |
| Permanent Total Disability | If the employee cannot return to any work, a one‑time lump sum. |
Employer Responsibilities
Employers must:
- Maintain accurate workers' comp insurance.
- Report all COVID‑19 cases promptly.
- Provide a safe workplace, following CDC and state guidelines.
- Support employees with return‑to‑work plans and accommodations.
Common Challenges and Tips
Employees often face delays due to documentation gaps. To avoid setbacks:
- Keep copies of all medical reports and test results.
- Document the exact circumstances of exposure.
- Communicate promptly with the insurer and employer.
Recent Legislative Updates
In 2022, Illinois extended the workers' comp coverage window for COVID‑19 to 60 days post‑exposure, and in 2023 the state introduced a supplemental COVID‑19 benefits package for small businesses. These changes aim to reduce financial strain for both employees and insurers.
Key Takeaways
Illinois workers' compensation now explicitly covers COVID‑19 infections incurred at work. Employees should file promptly, provide detailed evidence, and employers must maintain insurance and report cases. By following the outlined steps, both parties can ensure timely benefits and compliance with state law.