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What happens if my employer does not have workers' compensation insurance?

Illinois law requires employers to provide workers' compensation insurance for almost everyone who is employed within Illinois. Some employers break the law and do not obtain insurance or are behind on their premiums. An employer that knowingly and willfully fails to obtain insurance may be fined up to $500 for every day of noncompliance with a minimum fine of $10,000.

When an employee is injured during the course of their employment, they are entitled to certain benefits under the Act. Illinois law has guidelines regarding benefits including medical costs, lost wages and benefits for permanent disability. Employers who fail to obtain insurance deprive injured workers of their rights under the Act.

In 2005, the Illinois Workers' Compensation Commission created the Injured Workers' Benefit Fund (IWBF). The fund utilizes penalties and fines collected from uninsured employers to pay workers' compensation benefits to employees injured during the course of their employment.

In order to qualify for IWBF benefits, injured employees must obtain a certificate from the state verifying the employer does not have workers' compensation insurance. Additionally, the injured worker must file a claim with the Workers' Compensation Commission, notify the state treasurer of the proceedings and obtain a final award of benefits from the Commission. The injured worker must then send a benefits request form within 90 days following receipt of the final award.

Obtaining benefits through the IWBF can be challenging. Injured workers must take proper precautions and follow the applicable laws to ensure they are complying with the requirements under the Act. If you have any questions regarding your rights as an injured worker, please contact our offices for a free legal consultation.

The attorneys at Law Offices of Mathys & Schneid are committed to representing people who have been seriously injured and incur significant medical expenses as a result of work related injuries. Law Offices of Mathys & Schneid continue to handle workers' compensation claims and all types of other personal injury cases in Cook, DuPage, Kane, Will and Kendall Counties and all throughout the Chicagoland area. 

  1. "Committed To My Cause"

    I was struck by a car while cycling and severely, almost fatally injured. A team of excellent medical professionals performed complicated and extensive surgical and medical procedures as part of a successful effort to restore my health....
    -Jeff D.

  2. "Could not have made a better choice"

    We found Mark [Mathys] through the web after an auto accident in October 2011. While selecting someone you don't know to represent you can be a gamble, we could not have made a better choice....
    - Dave

  3. "Very satisfied"

    Mark [Mathys] is very professional. He responds almost immediately, via email, to any question, comment or concern I have and if he is not able to respond right away, he will let me know. I have been very satisfied with Mark so far and I am happy to be his client.
    -Jennifer

  4. "Easy to talk to"

    Mr. Mathys and Mr. Schneid were very professional and easy to talk to. Prior to working with them, my wife and I had no real experience with the legal system beyond a house closing, yet Mr. Mathys and Mr. Schneid explained the whole process to us very well. I knew that whenever I had a concern about our case or the legal system in general I could call their office or send an email and receive answers the same day... -Larry

  5. "Provided very wise advice"

    I've dealt with attorneys on a variety of issues, almost all of them since leaving college and entering the workplace. Mr. Mathys was the first attorney I had any real experience with, and I was impressed then and remain so. He provided very wise advice and always kept me informed. In the end, he delivered a favorable result. I recommend him highly.
    - Tyler D.

  6. "In-depth knowledge of the law"

    Mark [Schneid] is an excellent and skilled attorney and demonstrated in-depth knowledge of the law when he helped settle my dog bite lawsuit resulting from a traumatic incident. He explained what was needed of me and how I should handle the situation in a professional manner.
    - Karen K.

  7. "They went to bat for me"

    Not long ago I was involved in a car accident where I was hit by a gravel truck at an intersection. After I called Mathys & Schneid, even though I didn't have a very large case, they made me feel like I was one of their most important cases. They went to bat for me with the trucking company's insurance and got me a settlement. I would definitely recommend them to my family and friends. -Dan H.

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1730 Park Street
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Naperville, IL 60563

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