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Workers' Compensation - Settlement of Surcharge Litigation


The Circuit Court of Cook County has given approval to a settlement of the lawsuit filed by the Illinois State Chamber of Commerce that challenged the constitutionality of the Workers' Compensation Commission Operations Fund Surcharge enacted in 2003.

The lawsuit alleged that the surcharge had been deliberately set to raise amounts in excess of the money needed to pay for the operations of the Commission and to thus generate revenue for the State's General Revenue Fund. The Chamber of Commerce alleged that the surcharge thereby violated the federal and State constitutions. The Commission and the State have disputed the Chamber of Commerce's claims of unconstitutionality.

Refund Requests

All employers that paid a Workers' Compensation Operations Fund Surcharge from July 1, 2003 to June 30, 2009 may be entitled to a partial refund of that surcharge payment pursuant to the Class Action Settlement entered in the case captioned Illinois State Chamber of Commerce v. Filan, No. 04 CH 6750; (Circuit Court of Cook County).


All claims must be submitted to the Claims Administrator at the address below by June 1, 2010.


Robert Langendorf

Claims Administrator 

134 N. LaSalle St., Suite 1515 

Chicago, IL 60602 

Telephone (312) 782-5933


The Claims Administrator shall determine which claimants are eligible for partial refunds. The Claim Form and other Class Action Settlement documents are accessible below, and must be completed along with the Claim Form Worksheet, which explains how to determine the potential amount of refund based on previous workers' compensation insurance invoices showing the amount of surcharge billed, proof of the amount of previous workers' compensation insurance premium payments, or certification of the number of employees employed during the settlement period. Pursuant to the Class Action Settlement, all claims will be reduced pro rata if the aggregate amount of claims received exceeds the settlement amount.


The Class Action Settlement establishes the exclusive process by which an applicant may apply for refund. The Illinois Department of Insurance is not involved in the determination of refunds. Further inquiries should be directed to the Claims Administrator.