What do I do if my employer has no workers' compensation insurance?
About once a week we are contacted by someone who has been hurt while working and claims that there employer doesn't have workers' compensation insurance. Usually this means one of three things:
1. They really don't have insurance even though it's a felony not to have it.
2. There is insurance, but the employer is trying to scare off or discourage the employee.
3. There is insurance, but the employer has convinced the employee that they are really an independent contractor and that they don't have a right to benefits.
If that happens to you, first you should go to www.ewccv.com/cvs to look up whether or not your employer actually does have insurance. If they don't then you need to report them to the Illinois Workers' Compensation Commission and they will investigate the company.
Not having insurance doesn't take an employer off the hook. They are still responsible for 100% of the medical bills and payment for TTD benefits for your time off of work as well as PPD benefits for how this injury will affect you in the future. To be honest though, unless the employer is running a very solvent business, it is a real challenge to find an attorney to take on the case.
In addition, if you are told you don't get benefits because you are really an independent contractor, that might open up the possibility of a lawsuit against the regular insurance if negligence is involved.
These situations can be tricky. If you are facing it or just have questions please contact us.
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.
