Illinois lawmakers consider cumulative trauma limits

Illinois lawmakers are considering an emergency temporary regulation that would limit how cumulative trauma workers compensation claims would affect insurance rates and includes language that holds previous employers liable.

Introduced Friday, S.B. 1305 states that “(a)ny accidental injury, which results from repetitive or cumulative trauma and occurs within six months after the employee begins his or her employment shall not be considered by a worker’s comp insurer in setting the premium rate for the employer.”

The bill also states that “if an award is made for benefits in connection with repetitive or cumulative injury resulting from employment with more than one employer, the employer liable for award or its insurer is entitled to contributions or reimbursement from each of the employee's prior employers which are subject to this act or their insurers for the prior employer's pro rata share of responsibility as determined by the (Illinois Workers’ Compensation) Commission.”

The bill puts a two-year limit on post-employment comp claims. All the changes in S.B. 1305 would be repealed one year after the effective date.