There has been a big issue regarding worker's compensation claims that has rarely been addressed, that is frivolous worker's compensations claims that have no basis for payment. An interesting fact is that it used to be the burden of the employer to prove that the accident did or did not happen because of the workplace. A new development has given employers new abilities to better enforce worker's compensation claims and to make sure each one is not based off the mistake of the worker while intoxicated in any form.
The Illinois Compensation act was recently amended to essentially reverse what has become the norm of worker's compensation. That norm is that the burden of proof has been on the employer, but the new statute in Illinois has made it the burden of the employee to prove the accident that happened was not their fault if they had a blood alcohol level of .08 or higher or if there were traces of illegal narcotics in their system. This is an important step that has come to fruition which allows employers better protect themselves against such claims.
What people should take from this is not that every claim made by workers is bogus, because in many instances the company the person works for is liable. However, things are changing to where the worker must now prove their case. This particular example is something companies should begin looking into as it may help them save money they would otherwise lose.
You can read the new amendment for yourself through this link here.
It is, however, quite long so may just want to skim it or not read it at all. It is, however, a win for employers.
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