Public Act 104-0792 is an Illinois law signed by Governor J.B. Pritzker on August 7, 2026 which will significantly amend the Illinois Workers’ Compensation Act and the requirements pertaining to an employer’s responsibilities when it comes to scheduling independent medical examinations. Keep reading to learn more about the change in law, and what award-winning Illinois workers’ compensation attorney, Brent Eames, thinks about the potential impacts.
The amendment does many things, but perhaps the most significant will be the new requirements placed on employers for scheduling IMEs and disputing work-related injuries. Under section 12 of the Act, an employer has an absolute right to send an injured worker to an independent medical examination. This is generally the most common obstacle that an injured worker must face when pursuing a claim for workers’ compensation benefits. Frequently, employers can abuse this provision by causing significant delays in the payment of benefits or the prosecution of a case by scheduling IMEs many months out, and then waiting many months before producing a report. This can result in an injured worker being stuck in limbo waiting for the process to play out before being able to move forward with the proposed medical treatment, or a trial on the merits of the case. The change in law should curb this practice.
The new law requires that the medical practitioner’s examination and report must be provided to the employee or representative and the treating health-care professional within 90 days after the employer receives the medical records from the treating professional requesting the medical service. The employer or its representative must exercise due diligence in requesting and obtaining those records in accordance with applicable law. So, for example, if the employer seeks to dispute or deny a recommended surgery, the clock is significantly shortened for them to arrange for an IME, and then produce the IME report.
Additionally, the law confirms that the examining medical practitioner must be board certified in the same specialty as the employee’s treating health-care professional. The provision applies both to failure to approve or authorize treatment and to failure to pay for treatment.
Finally, if the employer fails to comply after receiving the relevant records, a rebuttable presumption arises that the employer is responsible for additional compensation in the form of penalties and attorney’s fees under Section 16 and Section 19(l). The provision consequently creates a defined alternative path for treatment disputes: an employer may use a medical examination rather than utilization review, but only if it satisfies the 90-day production deadline, due-diligence obligation, and same-specialty board-certification requirement.
The amendment has particular operational importance in disputes over treatment authorization. An employer using a medical examination cannot simply obtain an opinion at an indefinite time or from a physician outside the treating provider’s specialty. Failure to meet the new requirements does not automatically establish liability, because the statutory consequence is a rebuttable presumption, but it materially changes the evidentiary posture of a potential penalty or additional-compensation dispute.
Chicago workers’ compensation attorney, Brent Eames, is the owner of Eames Law Group. Eames Law Group represents injured victims across the State of Illinois in claims for workers’ compensation, personal injury, and first responder injury cases. Brent Eames is an award-winning attorney who has secured millions of dollars in awards and recoveries on behalf of his injured clients over the course of his career. For more information, please contact an attorney at Eames Law Group, Ltd.
The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Eames Law Group, Ltd.
