It is not necessarily a cause for despair if your employer tells you that you are not covered under workers’ compensation insurance. Possibly you’re being told that because the company is not following the law, and they don’t have insurance. Or possibly you’re being told that to discourage you from making a claim. Either way, you do not necessarily have to accept that there won’t be benefits for your claim, if you are an employee who was injured on the job.
1. Your employer does not have insurance.
Most employers are required by law to have workers’ compensation insurance. In fact, the penalties for not complying can be quite hefty. An employer can be charged with a felony for not providing workers’ compensation coverage, and can be assessed large fines.
Also, if a misguided employer thinks that not having insurance can save money, it does not. In addition to the serious legal consequences of not covering an employee, the employer is also still responsible for paying for your injury. Without the benefit of insurance protection, your employer will still have to pay for your medical bills, your TTD benefits for lost wages when you were off of work, and your PPD benefits for the permanent impact your injury has caused you.
If you have been told that there’s no insurance, you can go to www.ewccv.com/cvs to verify whether this is correct or not. If they do not have insurance, you need to report them to the Illinois Workers’ Compensation Commission, so they can take further action if necessary.
2. Your employer does have insurance, but is discouraging you from accessing benefits.
Your employer may tell you that there is no insurance, even thought there is, so that you won’t make a claim. Perhaps he or she doesn’t think that you will realize that they are required to provide coverage.
Your employer may subtly or not so subtly make your feel your job could be at risk if you claim workers’ compensation benefits. It is actually a violation of Illinois law to discriminate against an employee in any way for exercising a right to claim workers’ compensation benefits.
Or your employer may tell you that you are not entitled to workers’ compensation benefits because you are an independent contractor and not an employee. If this classification is accurate, then your employer is correct. But employers can incorrectly convince employees that they are independent contractors, so they can avoid paying benefits. You don’t have to just accept that you’re not an employee, if you believe you are.
All of these situations can be difficult and stressful. If you are facing this issue, please contact us and we would be happy to answer any of your questions.
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.