Lawyer loses challenge to mandatory membership in group
Headline Legal News
A federal appeals court has rejected a challenge to a policy that requires lawyers join the State Bar of Michigan. Lucille Taylor said the group’s use of her dues for advocacy activities violates her right to free speech, among other objections. But the appeals court, 3-0, said the U.S. Supreme Court has long held that mandatory membership as a condition of practicing law doesn’t violate freedom of association. The Supreme Court said in another case that bar associations can use dues without violating free speech. Taylor was chief counsel under Gov. John Engler and a top Republican lawyer in the Legislature. She argued that a 2018 decision in favor of public employees who don’t want to join a union would help her. “The speech claim would prevail if an integrated bar association used mandatory membership fees to fund non-germane political or ideological activity without providing adequate opt-out procedures,” Judge Amul Thapar said Thursday. Taylor conceded that the State Bar of Michigan’s activities don’t cross that line, Thapar said.
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What Is Meant by ‘No-Fault’ Workers’ Compensation in Illinois?
If you were injured in a work-related accident and have been researching workers’ compensation, you may have seen it described as a “no-fault” system. One of the most important things to understand about the workers’ compensation system in Illinois is that it is based on a “no-fault” system. What does this mean, exactly?
Most employers in Illinois are required by law to have workers’ compensation insurance. And the workers' compensation in Illinois is a “no-fault” system, which means that any worker who has been hurt on the job is entitled to workers' compensation benefits. If you have been hurt on the job, you are entitled to workers’ compensation benefits no matter whose fault the accident was.
A no-fault insurance system, such as workers’ comp, works by paying claims regardless of who is to blame for an accident. This provides an important layer of protection for injured workers, sparing them from having to through additional litigation and the through the additional burden of proving who was at fault before receiving benefits.
In Illinois, even though you don’t have to prove that your injury was your employer’s fault, you do have to prove that your injury happened at work or as a result of work. If you would like help to file your workers' compensation claim, Krol, Bongiorno, & Given’s experienced workers' comp lawyers are here to help. With over 60 years of combined legal experience, the KBG law firm is a leader in the field of workers’ compensation law and we have earned the reputation as aggressive advocates for injured workers before the IWCC.