Illinois Worker’s Compensation What is it? What can we do with it? What should it be?

Rep. John Bradley Rep. Brandon Phelps Verlinda Henshaw, OTD,MS,OTR/L

Current Law Changes to Illinois Worker’s Compensation law in 2011

What impact did the changes have for employers?

Why is reform still needed? Or is it? IF so what would key components be?

Key Components of Worker’s Comp Law Causation Disability Directing Care Insurance Premiums- Costs of Medical Care- Cost of Medical care has decreased 16% between with no increase in utilization. ▫Providers not interested in taking Work Comp patients.

Causation Current law says that the employee must prove that the injury “arises out of and in the course of employment” What can employers do? ▫Pre-employment testing- baseline data ▫Ergonomic Assessment with empirical data

Disability Determinant

Current level of function versus Pre-employment data Current ability to perform essential functions of the job Employer should: ▫Pre-employment testing ▫Fit for Duty testing upon return if data is not present

Directing Care Look at value based care versus discounted care Join a PPP Keep working with physicians that have good outcomes and understand workers comp. Navigate any injuries from the beginning of the injury. ▫Get professionals whose interest is lowering your lost- time days and the cost of the claim involved in the process. ▫Don’t accept status quo from the insurance, ask questions, push back

Plan your injuries before they happen Be Proactive with safety, wellness and early intervention programs. Have the PPP in place Have a light/transition duty program Get professionals involved whose interest is lowering your lost-time days and the cost of the claim. Don’t lose sight of the employee and their experience.