Are All Employers Required To Carry Workers’ Compensation?

Are All Employers Required To Carry Workers’ Compensation?

All employers in Illinois must carry workers’ compensation insurance whether they have half-time or full-time workers. They can get a policy from any insurance company or get permission if they want to self-insure. There are certain exceptions. If your employer refuses to carry it, you can and should sue with help from Lake County workers’ compensation lawyers.

What is an ‘Employer’ as per the Illinois Workers’ Compensation Act?

The Illinois Workers’ Compensation Act (IWCA) defines an ’employer’ as the following:

  • Any firm, individual, public/private company with people in service or under contract working for them.
  • Illinois state, any of its counties, villages, towns, cities, townships, political bodies, schools, or municipalities.
  • Any individual in business or enterprise undertaking work enumerated in the IWC.

What is an ‘Employee’ as per the Illinois Workers’ Compensation Act?

As per the IWCA, an ’employee’ can be any of the following:

  • Any individual employed by an employer with a contract with the state or a government entity.
  • Any individual who is serving the state or a government entity.

The Exceptions

There are exceptions. As per the Act, any individual working as a real estate broker, salesman, or broker-salesman paid via commissions may not be eligible for workers’ compensation. Corporate officers, business partners, sole proprietors, and limited liability company members are exempt from workers’ compensation requirements. This also includes independent contractors. The only exceptions are enterprises involved in hazardous work such as construction and trucking.

Workers’ Compensation Benefits

If your employer is eligible to provide these benefits, you will qualify for the following:

Medical Costs

All of your medical costs following a workplace accident will be covered.

Choice of Doctors

You can go to the doctor your employer recommends or other preferred ones.

Temporary Total Disability Benefits

You are entitled to a week’s wage if you need that time to heal from injuries. It is two-thirds of your average weekly wage.

Lump Sum Settlement

Also known as partial permanent disability benefits, these can compensate you if you lose the use of a body part. The body part will determine payment.

Permanent Total Disability

You get lifetime benefits if you cannot do any work or lose two of the same body parts to a workplace injury. It’s called permanent total disability benefits.

Lost Wages

If you cannot work as you heal from injuries, you get temporary total disability benefits or lost wages that are two-thirds of your weekly salary.

Job Training

You can get retraining for another job that you can do despite the disabilities resulting from a workplace accident. This is applicable if you cannot return to work because of those injuries.

Survivor Benefits

Heirs or dependents of workers killed on the job are eligible for workers’ compensation benefits.

Contact The Law Offices Of Robert T. Edens for Max Compensation

If your employer refuses to get workers’ compensation insurance and you get injured on the job, you can sue for damages and compensation. Contact The Law Offices of Robert T. Edens to discuss legal options today by dialing 847-395-2200. Our Lake County workers’ compensation lawyers have been fighting for victims’ rights for decades and have recovered millions in compensation. Get in touch with us before it is too late.

Call today for a free consultation

(847) 395-2200