workers comp

Posted by Bob Edens & filed under workers' compensation attorney .

There is NO waiting period for workers' compensation in Illinois. You get coverage from the moment you are employed as per the Illinois Workers' Compensation Act (IWCC). The only ones exempt from this are business partners, corporate officers, and those who are part of limited liability companies.

Penalties for Not Carrying Workers' Compensation Insurance

All employers in Illinois must carry workers' compensation insurance for workers or suffer the consequences. If yours fail to do so, and you are injured in their workplace, you can sue them with help from a Waukegan workers' compensation attorney. Your boss may also be charged with a Class 4 felony if they knowingly failed to carry this insurance. A conviction can include a three-year prison sentence and a fine of up to $25,000. They will also be charged an additional $500 for each day they don't have insurance following the charge. This can go up to $10,000 minimum. If the employer was negligent in getting the insurance coverage, they could be charged with a misdemeanor. This charge carries the same fines but does not include a prison sentence. Corporate officers may also face liabilities for the same negligence.

What Your Claim Will Look like If Your Employer Doesn't Offer Workers' Compensation

If your boss offers workers' compensation, you must report your workplace injury to them to start the insurance process. If they don't hold any, on the other hand, you need to file an Application for Adjustment of Claim with the IWCC, complete with your employer's name. Also, mention the State Treasurer on the application. It will ensure that the state knows you are filing for benefits even though your boss does not offer workers' compensation. A Waukegan workers' compensation attorney can help you with the necessary paperwork. It will differ from those required for a workers' comp claim. Before applying, make sure your employer doesn't offer insurance by reviewing the company policy. Some employers tell workers they don't provide it, so they would not file. They have insurance but don't want to report it to keep premiums down. Use this tool to find out if your employer has the insurance or not, or go through IWCC's website.

Who Isn't Covered By Workers' Compensation

As mentioned previously, some businesses are exempt from providing workers' comp via a 1099 form. These include:
  • Independent contractors.
  • Freelancers.
  • Consultants.
These individuals must file their own income tax, so their employers don't have to cover them. Federal employees such as railroad workers are also exempt from the coverage since they have an alternative. They must file for compensation via the Federal Employers' Liability Act (FELA). Farm laborers may also be exempt from insurance coverage and can get paid via the Federal Employees Compensation Act (FECA).

Contact The Law Offices Of Robert T. Edens For A Consultation Today!

If your employer keeps denying your injury claim or doesn't offer workers' compensation, you need a Waukegan workers' compensation attorney to get the compensation you deserve. Contact us at The Law Offices of Robert T. Edens for a consultation today. We have been fighting for the rights of injured workers in Illinois for over two decades and have recovered millions in damages for them.