Regarding Illinois House Bill 5228
We have been awaiting the Governor’s response to Illinois House Bill 5228. Governor Pritzker has rejected requests by employer groups for a veto or amendatory veto of Illinois House Bill 5228. The Governor signed the Bill into law on August 7, 2026. The Bill provisions take effect immediately. I am disappointed the Governor would not consider at least an amendatory veto to modify some provisions of the Bill, which I believed to be inconsistent or overly aggressive. However, the Governor’s action in signing the Bill without modification is not surprising as the Bill had substantial support in the legislature. This new legislation represents significant changes to the Illinois Workers’ Compensation Act, which impacts our defense analysis and strategy. The new law makes significant changes to the employer’s rights and obligations with respect to independent medical examinations and utilization reviews. Please mark your calendar and save the date for Friday, August 21, 2026, from 12:00 p.m. to 1:00 p.m. I will host a special webinar on that date along with Dr. Mark Levin of Barrington Orthopedics. We will review the significant aspects of the new legislation, and we will discuss its impact on defense of claims and strategies. You can RSVP for the Teams Webinar here: HB5228 Discussion |
| July 8, 2026 Update – Illinois House Bill 5228 The following is an update regarding the status of Illinois House Bill 5228. HB5228 is currently pending review and action by Governor JB Pritzker. HB5228 was passed by the Illinois General Assembly on May 31, 2026. The Bill was formally sent to Governor JB Pritzker for review and action on June 26, 2026. Governor Pritzker has 60 days from the date he formally received the Bill, or until August 25, 2026 to take action on the legislation. If the Governor signs the bill into law, the Bill provisions will largely take effect immediately. If the Governor does not take any action on the Bill, the Bill will automatically become law without the Governor’s signature after 60 days, or on August 26, 2026. Lastly, the Governor has the option to reject the Bill with a total veto or issue an amendatory veto suggesting certain changes to the Bill. We believe HB5228 is overly burdensome regulation and restrictive on an employer’s ability to manage and defend Illinois workers’ compensation cases. We believe the proposed changes to the Workers’ Compensation Act are unnecessary as the Act already contains provisions and mechanisms that are available to address unreasonable conduct of Illinois employers. We are encouraging Governor Pritzker to veto this legislation. For further details regarding the provisions of HB5228, please click the link below. If you have any questions regarding the status of this legislation, please feel free to contact one of our attorneys directly. Illinois General Assembly Passes HB5228 – Significant Changes to the Illinois Workers’ Compensation Act Mark P. Rusin – Managing Partner Rusin Law, Ltd. 1 N. Franklin St. Suite 2400 Chicago, IL 60606 312-454-5120 mprusin@rusinlaw.com |