Who's not covered under Illinois workers' compensation?
Most employees in Illinois are covered by workers’ compensation, meaning that their employers are required to have insurance that will pay employees benefits if they are injured while on the job.
There are some exceptions.
Independent contractors are not covered. However, employers may be too quick to label an employee an “independent contractor” in order to avoid a workers’ comp claim.
Postal workers, and other federal employees, are not covered under Illinois’ workers’ compensation system.
Firefighters in Chicago aren’t covered. In Illinois, firefighters are covered unless they work in a city of more than 200,000 people.
Volunteers aren’t covered. If you aren’t getting paid, you are not an employee. However, if you work part-time you are covered. And you are covered the minute you start working. Don’t let anyone (employer or insurer) tell you that you aren’t covered because you don’t work full time or because you were a new employee.
There are other situations where you may be told that you’re not eligible, but in fact you are. Some examples:
- Illegal workers. You are covered, even though the law doesn’t specifically say this. The idea is that if you don’t allow this group to get benefits then employers will have an incentive to hire undocumented workers.
- Cash employees. You are covered, although it will be difficult to determine payments for lost wages if your wages aren’t documented.
If you aren’t sure whether you are covered under Illinois’ workers’ compensation law, ask an attorney. Don’t rely on your employer or their insurance company. It’s better for them if you aren’t eligible. If you aren’t covered by workers’ compensation, it doesn’t mean that you’re out of luck. You may be able to sue for your injuries, an option that isn’t available to most employees.
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.
