Illinois work comp- Where your drug screen took place is important

We have talked a lot on our blog about jurisdiction.  In plain English, that means do you have the ability to bring an Illinois workers compensation claim.   To do so you have to show one of three things:  The accident happened in Illinois; your employment is principally based out of Illinois; or the last act to hire you took place in Illinois.

The "last act" requirement has different interpretations.  We have seen cases won when you were offered the job while on the phone, but physically in Illinois.

For truck drivers, you often have to receive a drug screen before the employment is official.  For many Illinois based trucking companies, they bring you to Illinois for that to take place.  If the drug screen happens in Illinois we have seen many cases won because that happened.  On the flip side, we have also seen cases lost because a drug screen took place out of state and there is no other real connection to Illinois.

If you are hurt on the job and are wondering if you can bring an Illinois workers' compensation claim, it's important to think of every possibility that exists for you.  It is especially true when you weren't hurt here.  Remember to think back to when you were hired and exactly what happened.

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.

If you were physically hired in Illinois then you can file for IL work comp benefits

Illinois is what we call a worker friendly workers' compensation state.   One of the odd rules that we have is called "contract for hire."

In plain English, this means that if the last act needed to make you an employee took place in Illinois, then any work injury claim you have for that company can be filed in Illinois.

For example, let's say you are a trucker that lives in Florida and are sent to Chicago for a physical before you get hired.  If you pass the physical and accept the job while in Chicago then for the rest of your employment you can file an Illinois workers' compensation claim.

This would be true even if the only time you ever were in Illinois was when you got hired; no matter when the injury took place.

So if you are a trucker, flight attendant or anyone else that might benefit from this rule, pass it on to your co-workers.

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.