That’s a good question and the answer is yes as long as you weren’t truly an independent contractor. If a guy hires you and you are clearly his employee (he controls where you go, what you do, etc.) then even if you are hurt on that one day job you are eligible for workers’ compensation benefits. This actually happens a lot with laborers and also happens in pro sports. An example would be a guy that was signed by the Chicago Bears to play the last game of the season and blows out his knee. Just because he was only on the roster for one game does not take away his rights.
Another good question is what pay rate should the insurance company use to pay you for the time you are off of work. In Illinois workers’ compensation, you are entitled to 2/3 of your average weekly wage, tax free for the time you are off work. If you only work for one day then what will likely happen is that we will take your hourly rate and multiply it by a standard 40 hour work week. So if you make $20.00 an hour for the one day of work, your average weekly wage would likely be $800.00.
Even if it was expected that you would only work for one day and then go on with your life, if you have a job injury and are released with restrictions or can’t work at all, the insurance company has to pay you until you are released to a full duty job or they have a job for you.
This is a common scenario where an insurance company or employer tells a worker they have no rights. Don’t listen to them as it’s not true. The minute you start working you have the exact same rights as any other employee in Illinois.
We are workers’ compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
