Madison Clarke
The COVID-19 pandemic has brought to light the importance of essential workers, especially those on the front lines of fighting the virus. In Illinois, the definition of essential worker is consequential in determining who gets vaccinated when. While lawyers are not considered essential workers by the US federal Cybersecurity and Infrastructure Security Agency (CISA), Illinois has classified workers providing legal services or supporting the operations of the judicial system, including lawyers, as essential. This means that lawyers in Illinois are eligible for the COVID-19 vaccine as frontline essential workers.
| Characteristics | Values |
|---|---|
| Date | March 29, 2021 |
| Vaccination phase | Phase 1C |
| Eligibility | Essential workers and Chicago residents with certain health conditions |
| Definition of essential workers | Residents who carry a higher risk of COVID-19 exposure because of their work duties, often because they are unable to work from home, and/or they must work closely to others without being able to socially distance. |
| Legal services | Workers providing legal services or supporting the operations of the judicial system, including judges, lawyers, paralegals, legal assistants, process servers, couriers, bail bond agents, parole officers, probation offices, court personnel, and others providing legal assistance or performing legal functions. |
| Other eligible sectors | Media, higher education staff, government workers, food and beverage workers, construction trade workers, and religious leaders |
| Vaccination expansion | The Illinois Department of Public Health authorized counties with low vaccine demand to begin vaccinating all residents 16 and older. |
| Vaccination eligibility | Residents who don't have access to or need assistance navigating online services can call the toll-free IDPH hotline to book an appointment. |
| Workplace Rights | Essential workers who notice that their employer is not following the required protocol can report their employer to the Workplace Rights Bureau. |
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What You'll Learn
Lawyers are not considered essential workers in 12 states
The definition of an "essential worker" has become increasingly important during the COVID-19 pandemic, as this classification determines who gets vaccinated when. In the United States, the federal government's Cybersecurity and Infrastructure Security Agency (CISA) has provided recommendations to states for identifying critical infrastructure sectors and essential workers. However, states have the autonomy to make their own determinations, resulting in variations across the country.
In the context of the COVID-19 pandemic, lawyers are considered essential workers in some states, including Illinois, Indiana, and California. In Illinois, Governor Pritzker's executive order included "legal services" under essential businesses, allowing law firms to remain open during stay-at-home orders. This decision was supported by Patricia Brown Holmes, a managing partner at a Chicago-based law firm, who emphasized the increased demand for legal services due to the pandemic.
However, it is important to note that lawyers are not considered essential workers in 12 states, according to a source dated March 19, 2025. This discrepancy between states highlights the differing opinions on the essential nature of legal services during the pandemic. While some states recognize the critical role of lawyers in addressing novel legal questions and challenges presented by COVID-19, others prioritize the safety of legal professionals and recommend remote work whenever possible.
In states where lawyers are not deemed essential, law firms have had to adapt to remote work setups, ensuring access to case details and maintaining effective communication with clients and staff. This transition to remote operations has been recommended even in states where lawyers are considered essential, as it helps reduce the risk of exposure to COVID-19 for legal professionals and their clients.
While the classification of lawyers as essential workers varies across the country, the impact of the pandemic on the legal industry is undeniable. Law firms have had to reinvent their business models, embrace digital transformation, and navigate ethical challenges resulting from stay-at-home orders. As the pandemic continues to evolve, the definition of an "essential worker" may also change, and states may adjust their classifications accordingly.
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Lawyers are essential workers in Illinois
The definition of an "essential worker" is consequential in determining who gets vaccinated when. In the context of the COVID-19 pandemic, most states in the US are following the recommendations of the federal Cybersecurity and Infrastructure Security Agency (CISA) in identifying critical infrastructure sectors and essential workers. CISA does not consider access to lawyers and legal services as essential, even though financial services are. However, several states have taken their own approach, and lawyers are considered essential workers in certain states, albeit with specific circumstances in some cases.
In Illinois, the state government has expanded vaccine eligibility to essential workers, including those in the legal sector. This includes workers providing legal services or supporting the operations of the judicial system, such as judges, lawyers, paralegals, legal assistants, process servers, and others. The expansion of vaccine eligibility to essential workers in Illinois is part of the state's effort to increase its march towards herd immunity.
The Illinois Department of Public Health has also authorized counties with low vaccine demand to begin vaccinating all residents aged 16 and older, regardless of their occupation. This decision was made to address the trend of increasing COVID hospitalizations and case rates. However, due to limited vaccine supplies, not all eligible individuals will be able to get vaccinated immediately.
It is worth noting that essential workers in Illinois who contract COVID-19 may have an easier time proving that they did so through workplace exposure. The "COVID presumption" added to the Illinois Occupational Diseases Act creates a rebuttable presumption that essential workers covered by the Executive Order contracted COVID-19 in the workplace if their work involves encountering the general public or working with more than 15 employees.
While the state of Illinois has deemed lawyers as essential workers for vaccine eligibility, law firms and legal professionals should still prepare to work remotely whenever possible. This proactive approach ensures the safety of clients, employees, and their families and allows for a smoother transition to remote operations if necessary.
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Illinois has expanded vaccine eligibility to essential workers
Illinois has expanded its COVID-19 vaccine eligibility to essential workers. While the state prioritized vaccinating healthcare workers, long-term care facility staff and residents, seniors, and individuals with underlying medical conditions, it has now opened up eligibility to more essential workers.
This expansion includes higher education staff, government workers, and media outside Chicago, who became eligible for vaccination at over 900 locations in the state's provider network. As of March 29, food and beverage workers, construction trade workers, and religious leaders have also become eligible for the vaccine.
The city of Chicago operates on a separate timeline for vaccine distribution, receiving its supply directly from the federal government. Chicago expanded its eligibility to Phase 1C on March 29, which includes retail workers, hospitality workers, personal care services, and those in the law, IT, finance, transportation, and logistics sectors.
It is important to note that while Illinois has expanded vaccine eligibility to essential workers, the availability of vaccines may vary across counties. Some counties with low vaccine demand have been authorized to vaccinate all residents 16 and older to address the trend of increasing COVID hospitalizations and case rates.
The definition of "essential worker" has significant consequences in determining vaccine eligibility. In Illinois, workers covered by Governor Pritzker's executive order who contract COVID-19 may have an easier time proving workplace exposure. However, this presumption is rebuttable, and employers may contest such claims.
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Essential workers in Illinois have rights if they contract COVID-19
Essential workers in Illinois have certain rights if they contract COVID-19. In March 2020, Governor Pritzker issued an order requiring schools and most businesses and government offices to close. However, essential workers were still required to work, putting them at risk of contracting COVID-19. In June 2020, Illinois Governor J.B. Pritzker signed House Bill 2455, which amended the Illinois Workers' Occupational Diseases Act, making it easier for essential workers who contract COVID-19 to claim it as an occupational disease and receive workers' compensation. This creates a rebuttable presumption that COVID-19 was contracted in the workplace if the employee's work requires them to encounter the general public or work in locations with more than 15 employees.
However, this presumption is not a guarantee, and employers may fight any claims. Essential workers who contract COVID-19 should be aware of their rights and consider consulting a workers' compensation attorney to protect their interests. They can also report employers who are not following the required protocols to the Workplace Rights Bureau. It is important to note that this presumption only applies to cases diagnosed between March 9, 2020, and December 31, 2020.
In terms of vaccine eligibility, Illinois has expanded access to essential workers who were not previously qualified. Lawyers providing legal services or supporting the operations of the judicial system are included in the state's definition of essential workers. However, it is important to note that access to lawyers and legal services is not considered essential by the US federal Cybersecurity and Infrastructure Security Agency (CISA). Nevertheless, Illinois has prioritized vaccinating essential workers, recognizing their increased risk of exposure to COVID-19. Additionally, some counties in Illinois have expanded vaccine eligibility to all residents 16 and older due to low vaccine demand. Law firms are encouraged to prepare for remote work and transition to virtual operations to keep their clients, employees, and families safe.
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Law firms should prepare to work remotely
The COVID-19 pandemic has forced many businesses to transition to remote work, and law firms are no exception. While some law firms have been resistant to the idea of remote work, it is important to prepare for the possibility of having to work remotely, especially in light of stay-at-home orders and the need to ensure the safety of clients, employees, and their families.
In terms of practicality, modern technology has made it possible for lawyers to work remotely and still provide excellent client experiences. Cloud-based systems, for example, allow lawyers to access case details, collaborate with colleagues, and communicate with clients from anywhere in the world. Additionally, electronic signatures on legal documents and secure methods of keeping client and firm data confidential make remote work a viable option for law firms.
However, there are several challenges and considerations that law firms should be aware of when preparing to work remotely. Firstly, communication and collaboration between colleagues may suffer, especially if the firm relies on ad-hoc, in-person conversations for training and mentorship. Senior partners may also feel that they have less control over the work and activities of younger lawyers when they are working remotely, and may prioritize their own convenience and short-term gains over the firm's long-term success.
To address these challenges, law firms should focus on clear communication and ensure that all employees are aware of any changes or new policies that may impact their work. It is also important to invest in reliable technology and ensure that employees have stable internet connections to avoid disruptions during important meetings or conferences.
In conclusion, while there may be resistance to remote work in the legal profession, law firms should prepare for the possibility of having to work remotely by investing in the right technology, establishing clear communication channels, and ensuring that employees are set up to work effectively from remote locations. By doing so, law firms can continue to operate successfully and provide excellent client experiences even when working remotely.
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Frequently asked questions
Yes, lawyers are considered essential workers in Illinois.
The criterion for being an essential worker in Illinois is that the worker's work duties carry a higher risk of COVID-19 exposure because they are unable to work from home and/or they must work in close contact with others without being able to socially distance.
Other professionals considered essential workers in Illinois include judges, paralegals, legal assistants, process servers, bail bond agents, parole officers, probation offices, and court personnel.
Essential workers in Illinois have the right to report their employer to the Workplace Rights Bureau if they notice that their employer is not following the required COVID-19 protocols. Additionally, under the Whistleblower Protection Act, employers are prohibited from retaliating against an employee who reports an employer for failing to comply with the required recommendations.
If you are an essential worker in Illinois and have contracted COVID-19, you should reach out to a dedicated Chicago personal injury lawyer to receive immediate assistance and protect your interests.
