Suffering a workplace injury can be stressful, but the situation becomes even more difficult when an employer refuses to report the injury for workers’ compensation. Under Illinois law (820 ILCS 305/6), employers are required to report workplace injuries to their insurance provider and, in certain cases, to the Illinois Workers’ Compensation Commission (IWCC). If your employer is failing to follow the law, it is critical to understand your rights and take action to protect your ability to receive benefits.
The Illinois Workers’ Compensation Act (820 ILCS 305/1) requires most employers to carry workers’ compensation insurance. This coverage is designed to provide medical benefits, lost wages, and disability compensation for employees injured on the job. When an employee reports an injury, the employer must:
Failure to report an injury can delay benefits, create financial hardship, and even violate state laws.
Some employers fail to report workplace injuries for a variety of reasons, including:
Regardless of the reason, employers cannot legally deny a worker’s right to file a claim or retaliate against an employee for reporting an injury under 820 ILCS 305/4(h).
If your employer refuses to report your injury, you must act quickly to protect your right to benefits. Here are the steps you should take:
Under Illinois law (820 ILCS 305/6(c)), employees must notify their employer of a workplace injury within 45 days of the injury. Although verbal notice is legally sufficient, providing written notice will ensure documentation of your claim.
Receiving prompt medical care is essential for both your health and your claim. Tell your doctor that the injury happened at work so your medical records reflect the cause of the injury. Under 820 ILCS 305/8(a), workers’ compensation covers reasonable medical expenses related to the injury.
If your employer refuses to report your injury, you have the right to file a claim directly with the IWCC by submitting an Application for Adjustment of Claim. This application must be filed within three years of the injury or two years from the last benefit payment under 820 ILCS 305/6(d).
Keep records of all correspondence with your employer, including emails, text messages, and written notices. Also, maintain copies of medical reports, witness statements, and any other relevant documents.
When an employer refuses to report an injury, it may signal an attempt to deny benefits. An attorney can help file your claim, gather evidence, and advocate for your rights.
Illinois law strictly prohibits employers from retaliating against workers for filing a workers’ compensation claim. Under 820 ILCS 305/4(h), it is illegal for an employer to fire, demote, harass, or otherwise penalize an employee for seeking benefits. If you experience retaliation, you may have grounds for a retaliatory discharge lawsuit.
If your claim is approved, Illinois workers’ compensation provides benefits such as:
These benefits are provided regardless of fault, meaning you do not need to prove your employer was negligent.
Employers and insurance companies often try to minimize liability by using the following tactics:
If you suspect your employer is trying to avoid reporting your injury, it is crucial to seek legal assistance.
If your employer denies your injury was work-related, you can still file a claim with the IWCC. Medical records, witness statements, and workplace safety reports can serve as evidence to support your case.
Under 820 ILCS 305/6(d), you have three years from the date of injury or two years from the last benefit payment to file a claim.
Yes. Illinois law allows injured workers to choose their doctor. However, if your employer has a Preferred Provider Program (PPP), you may be required to select a physician within their network.
Employers in Illinois are legally required to carry workers’ compensation insurance (820 ILCS 305/4(a)). If your employer is uninsured, you may be eligible to file a claim through the Illinois Injured Workers’ Benefit Fund.
Yes. Workers’ compensation covers injuries that aggravate a pre-existing condition as long as the injury is related to your job duties.
Retaliation is illegal under Illinois law (820 ILCS 305/4(h)). If you experience discrimination or termination after reporting an injury, you may have a legal claim for wrongful termination.
It is important to consult an attorney before accepting any settlement offer. Insurance companies often offer low initial settlements to limit their liability.
In most cases, workers’ compensation is the exclusive remedy for work injuries. However, if your employer intentionally caused harm or does not carry the required insurance, you may have grounds for a personal injury lawsuit.
If your employer is not reporting your injury for workers’ compensation, you have legal rights. At The Law Offices of Robert T. Edens, P.C., we are committed to helping injured workers obtain the benefits they are entitled to under Illinois law.
Contact our Illinois Workers’ Comp Lawyers at The Law Offices of Robert T. Edens by calling us at 847-395-2200 to receive your free consultation. Our offices in Antioch, Waukegan, and Woodstock, Illinois, serve clients throughout the state. Let us fight for the compensation you deserve.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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