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

On Behalf of | Sep 2, 2014 | Workers' Compensation

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.