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Employees in Illinois Cannot Waive Right to Workers’ Compensation

Posted on in Workers' Compensation

Employees in Illinois Cannot Waive Right to Workers’ CompensationIllinois law requires all employers in the state to carry workers’ compensation insurance – even if they have only one employee or part-time employees. The only businesses that can choose to waive the workers’ compensation requirement are those whose only employees are a sole proprietor, business partners or corporate officers. The state can fine an employer and its corporate officers $500 per day if they knowingly fail to have workers’ compensation insurance. Despite the state’s strict requirements, some employers lead their employees to believe that they cannot or should not file a workers’ compensation claim. As a worker, you should watch for tactics that your employer may use to discourage you from exercising your right to benefits after a workplace injury:

  1. Illegal Contracts: An employment contract is not allowed to include a section stating that you agree to not file a workers’ compensation claim in the event of an injury. Mediation with your employer is not a replacement for a workers’ compensation claim. If you notice such a provision in your employment contract, you should contact an attorney to confirm that it is illegal and bring it to the attention of your employer. Even if you have already signed the contract, your employer cannot enforce an agreement to forgo workers’ compensation.
  2. Waivers: Employees cannot waive their right to workers’ compensation, whether it is voluntary or at the employer’s suggestion. Illinois employees are entitled to workers’ compensation benefits in exchange for not filing personal injury lawsuits against their employers. If someone gives you a workers’ compensation waiver form, you should recognize that it is not a legally enforceable document.
  3. Intimidation: Employers are prohibited from retaliating or discriminating against employees who file workers’ compensation claims. Victims of retaliation can file lawsuits against their employers and recover damages. However, some employers use actual or implied threats of retaliation in order to intimidate employees. You should not let a fear of retaliation prevent you from filing a workers’ compensation claim.

Contact a Crystal Lake Workers’ Compensation Lawyer

Some employers take advantage of their employees’ lack of knowledge about workers’ compensation laws by using deceptive practices to discourage employees from filing claims. The employers know they cannot enforce a contract that prevents you from filing a claim, but they hope that you will give up without testing whether the contract is legal. A McHenry County workers’ compensation attorney at Botto Gilbert Lancaster, PC, will stand up to employers and insurance companies that are trying to deny your injury benefits. To schedule a free consultation, call 815-338-3838.

Source:

https://www2.illinois.gov/sites/iwcc/about/Pages/insurance.aspx

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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