If you are hurt in Illinois you can get helped in Illinois
Recently we were asked a question by a reader who wanted to know if he could file his workers’ compensation claim here in Illinois. He lives in Illinois and was injured on the job in Illinois, but his employer is located in Texas. To further complicate the matter, he signed a contract at the time of his employment, which said that any workers’ compensation claim he may have would be handled in Texas.
The answer is: yes—if you are injured in Illinois, you can file a workers’ compensation claim in Illinois. The location of the injury gives you a choice of bringing the case in the Illinois system, regardless of the company’s physical location, or any other factors about where the company does business.
Even though the worker seemed to give away his right to bring a claim anywhere but Texas, in practice he is not able to do this. No employer is able to get you to waive your Illinois workers’ compensation rights. If you have been injured in Illinois, you have workers’ compensation rights in Illinois. The only way to end those rights is through a settlement which is approved by an Arbitrator, and not by an agreement with anyone else.
This reader’s question is also about more than just the convenience of filing in his home state. If he files his claim in Texas instead of Illinois, he could have a lot to lose. Texas is a terrible state for injured workers. On the other hand, Illinois is considered a very worker-friendly state for workers’ compensation.
But even if that weren't the case, the bottom line is that as a worker your rights can't be taken away by the employer. It is good to know that no matter what anyone else says, the protections of the law are there for you.
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.
