In Illinois, most employers are required by law to have workers’ compensation insurance. If they break the law, it’s a crime. There are fines, which are put into a fund to compensate workers who are injured in a job where there is no insurance. If a business owner doesn’t have any employees, they don’t need insurance. But even one part-time employee requires insurance.
So what do you do if your employer tells you they don’t have insurance?
First, make sure they’re telling you the truth. We’ve heard of employers telling an injured employee that they don’t have insurance in order to discourage the employee from filing a claim and seeking benefits. You can look up whether an employer has workers’ compensation insurance here, or contact the Illinois Workers’ Compensation Commission and ask. If they investigate, they won’t tell your employer who made the report. You should also know that there is no waiting period before a new employee is covered under their employer’s insurance. You are covered from day one.
Even if your employer ends up not having insurance, they are still on the hook for your medical bills and payment of a portion of your lost wages if you are unable to work because of your injury. The problem, however, is that it can be difficult to get this money from an employer, especially a small business, because the money simply isn’t there.
Another thing your employer might do is tell you that you aren’t covered because you’re an independent contractor. Again, don’t take their word for it. It’s true that they don’t need to insure independent contractors, but you might not be one. The Illinois Workers’ Compensation Commission estimates that 91% of Illinois employees are covered under the law, so it’s worth looking into.
If you truly are an independent contractor, and you get injured, you can probably file a lawsuit. This option is not available for employees – filing a workers’ comp claim is generally their only option. But an independent contractor generally can sue for damages caused by an employer’s negligence. It might be covered by the employer’s general insurance.
If you have a question about whether you’re an independent contractor, whether your employer is required to carry insurance, or anything else, please contact us.
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.
