We only represent injured workers. That said, we think there is a great value in looking at cases from the perspective of an insurance company or defense firm. It’s a great way to know how they think as well prepare to deal with them. In addition, they often have great overviews on case law. Here is something from a defense firm that is an overview of the Illinois workers’ compensation system. It’s very wordy and overly legal and nothing like the plain English that I try to write in. But if you can look past all of that it’s really informative.
Every person in the service of another under any contract of hire, express or implied, oral or written, including persons whose employment is outside the state of Illinois where the contract of hire is made within the State of Illinois, persons whose employment results in fatal or non-fatal injures within the State of Illinois where the contract is made outside the State of Illinois, and persons whose employment is principally localized within the State of Illinois, regardless of the place of the accident or the place where the contract of hire was made, and including aliens, and minors who, for the purpose of this Act are considered the same and have the same power to contract, receive payments and give quittances therefore, as adult employees. 820 ILCS 305/1.2.
II. Statute of Limitations
In any case, other than one where the injury was caused by exposure to radiological materials or equipment or asbestos unless the application for compensation is filed with the Commission within 3 years after the date of the accident, where no compensation has been paid, or within 2 years after the date of the last payment of compensation, where any has been paid, whichever shall be later, the right to file such application will be barred. 820 ILCS 305/6(d).
III. The Employer/Employee Relationship
An employer-employee relationship is a prerequisite for an award of compensation benefits under the Act. Roberson v. Industrial Commission, 225 Ill. 2d 159 (2007).
A. Factors to consider: whether the employer controls the manner in which the persons performs the work; whether the employer dictates the person’s schedule, the manner of pay, withholding of income taxes and social security, whether the relationship can be terminated by either party, who provides tools, equipment, and materials, and whether a written contract exists outlining the relationship. Also considered is whether the work that is asked to be performed falls within the scope and general business of the potential employer. No single factor determines whether a person is an employee or independent contractor and the significance of these factors will change depending on the work involved.
We are going to post this in three parts since it’s rather large. Check back for part two in a couple of days.
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