After months of negotiations, Senate lawmakers advanced workers’ compensation changes aimed at lowering workers compensation costs and improving the state's jobs climate.

“This is not a perfect bill, but I think we’ve achieved our main objective of lowering costs for job creators, while protecting the rights of injured workers,” Senate Republican Leader Christine Radogno said. “While this measure alone will not eliminate all abuses of this system, this is good step towards addressing a system that has driven employers and business out of our state.”

Improving the system and reducing costs for employers was a high priority of Senator Radogno, who was commended by both Republican and Democrat lawmakers during the debate for her personal involvement and tenacity in pushing the issue forward.

Supporters readily acknowledged that the measure (HB 1698) is a first step and that much more needs to be done to control workers' compensation costs, which in Illinois are among the highest in the nation. A preferred measure, SB 1349, won strong support from Republican Senators but failed to pass when virtually all Senate Democrats voted their yellow "present" buttons in April.

House Bill 1698 addresses a number of concerns with the current workers’ compensation system, including some of the most egregious areas of abuse. Notably the measure restricts the ability of intoxicated employees to collect workers’ compensation benefits.

Additionally, the measure targets “doctor shopping” by employees, requires the use of American Medical Association guidelines when evaluating workers’ compensation cases, and overhauls the state’s Workers’ Compensation Commission. The Commission has drawn criticism in recent months after media reports exposed a broken system, undermined by allegations of corruption and ineptitude.

Moving forward, lawmakers must continue negotiations on the issue of “causation,” the most contentious aspect of workers’ compensation. Currently there is no requirement in Illinois that a workers’ compensation injury or illness be directly related to the workplace. 

“We should not consider this a final product. It’s my hope that we will continue to monitor our workers’ compensation system, and eventually come to an understanding on causation. If we don’t have a causation standard, then it becomes virtually impossible to prevent fraud,” Radogno explained.

The legislation must still be approved by the House of Representatives. If advanced by the House, House Bill 1698 will be sent to Gov. Pat Quinn for consideration.