Illinois lawmakers are considering a temporary emergency ordinance that would limit how cumulative trauma workers’ compensation claims would affect insurance rates and include language holding former employers liable.
Introduced Friday, SB 1305 states that “(an) accidental injury, which is the result of repeated or cumulative trauma and occurs within six months after the employee begins employment shall not be considered by an employee’s insurer in determining the premium rate for the employer.”
The bill also states that “if an award is made for benefits in connection with repeated or cumulative injury resulting from employment with more than one employer, the indemnifying employer or its insurer is entitled to fees or compensation from each of the employee̵7;s previous employers . who are subject to this Act or their insurer for the former employer’s proportionate share of liability as determined by the (Illinois Workers’ Compensation) Commission.”
The bill sets a two-year limit for compensation claims after termination of employment. All amendments in SB 1305 would be repealed one year after enactment.