Living Out-Of-State, Bringing Your Work Comp Case in Illinois
Illinois workers’ compensation laws do not just cover workers who live in Illinois or who work every day in Illinois. Depending on other factors about your work and your injury, you may be able to bring your case in Illinois, even if you live and mostly work out-of-state. This may be beneficial, as several Illinois workers’ compensation laws are favorable to workers.
Starting your first day on the job, you are covered under Illinois workers’ compensation law if you were injured while working in Illinois, you were hired in Illinois, or your employment was primarily located in Illinois. What this means, is that under many different scenarios, you could have very limited contact with the state, and still be able to benefit from the Illinois workers’ compensation system.
For example, you may be a truck driver that lives in Texas, and only occasionally passes through Illinois for your job. If you are injured in Illinois while driving your truck for work on your first time here, you are covered by Illinois workers’ compensation, even if your company is located in another state.
Changing the facts a bit: You are a truck driver that lives in Texas, and you were hired by an Illinois company. Even if you never even drove through Illinois, but only were here for an interview and hired, or for a required physical and then took the job; you would still be covered under Illinois workers’ compensation. This is true regardless of where your work injury occurred.
Illinois law protects the rights of injured workers who sometimes may seem to have minimal connections to the state. As long as the work connection comes within the law’s requirements, you can choose to bring your case here.
Bottom line is to make sure you explore your options. The insurance company doesn’t control what state your case can be filed in, the law does. And if you have more than one choice, the state where you file it is up to 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.
