A recent caller to our office was very nervous about whether or not he had a case. He got injured on the job in the Chicago area, but was working for a company based out of state. His employer told him that bringing an Illinois workers’ compensation case is not possible.
Can You Bring An Illinois Workers’ Compensation Claim If You Were Hurt In Illinois But Your Employer Is From Another State?
If you have read our blog, you know that we talk a lot about how employers and insurance companies tend to lie a lot. Other times they misspeak or are ill informed.
This was one of those situations.
I will give the employer the benefit of the doubt that they just made a mistake in giving legal advice. We will assume they were not trying to sabotage their employee.
Under Illinois law, if you are hurt while working when physically in Illinois, you can file an Illinois workers’ compensation claim. That means you get all of your reasonable medical care paid for. You get compensated for your time off work no matter how long that lasts. And you get a settlement when you are all better.
While other states offer these things too, Illinois benefits are typically better. Some states restrict which medical providers you can see. Some states have a limit as to how long you can be off work. And in some places you can only get a settlement if you resign. Or if you get one it’s really a low amount.
Those are not issues in Illinois. We are fair to employers but also protect injured workers.
The concern by this injured worker is not something he should be concerned about at all. In fact, this is something that is so indisputable that it is one of the first things you learn when being educated about Illinois workers’ compensation law. This came up for me in the first week when I took a work comp class in law school back in 1996. And it came up in the first week on the job when I became a lawyer in 1997.
This issue is called jurisdiction and being hurt in Illinois is one of three ways you are allowed to bring a case here. The other two are if you primarily work out of Illinois or were physically in Illinois when your contract for hire took place.
Bottom line is that we were able to help this injured worker and can help anyone who is injured when in Illinois. Please contact us any time at 312-346-5578 if you want to discuss a case.
