16  ILLINOIS BUSINESS LEADER
KEY TAKEAWAYS
The burden of proof lies with the petitioner.
	 In Illinois, first and foremost, it is the petitioner’s burden to prove 
all elements of their claim in a workers’ compensation claim. 
Understanding the legal framework can help employers prepare 
appropriate responses to claims.
Prompt, comprehensive recordkeeping is essential.
	 In many states, including Illinois and Wisconsin, there is no 
discovery process for workers’ compensation claims. By the time a 
case goes to trial, which may be years later, witnesses may no longer 
accurately remember critical details. Documenting as much as 
possible at the initial investigation of an accident is critical and may 
make the difference between an accident that is compensable and 
one that is not.
Accident prevention reduces risk and strengthens defense.
	 Employers can take preventative measures to minimize the 
number of workers’ compensation claims they face. At trial, these 
measures can improve outcome by demonstrating the employer’s 
due diligence. Effective prevention tools include consistent 
employee training, thorough employee handbooks and a signed 
acknowledgement, and up-to-date signage in the workplace.
EMPLOYMENT LAW
A strong workers’ compensation defense strategy begins long before a claim is 
filed. After all, an unexpected claim can costly regardless of industry. Strategic 
and proactive measures to prevent accidents coupled with an understanding of 
how to manage the claims that do arise are indispensable tools for businesses.
	
In a recent webcast, two of our workers’ compensation attorneys shared 
their insights and best practices to help employers confidently manage claims 
and achieve favorable outcomes. 
	
For the full, in-depth discussion that helps employers protect its workforce 
and bottom line, watch the full presentation recording on demand.
By Diandra L. Abate
Partner, Amundsen Davis
Watch Full 
Presentation Here
Matthew G. Gorski
Partner, Amundsen Davis
Managing Claims with Favorable Outcomes

View this content as a flipbook by clicking here.