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The Illinois Workers' Benefit Fund

Posted on in Workers' Compensation

Illinois Workers Benefit Fund, Crystal Lake Workers' Compensation AttorneysThe Illinois Workers' Compensation Act requires nearly all employers to carry workers' compensation insurance to protect their employees in the event of work-related injuries or diseases. Unfortunately, this does not mean that all employers who are required to carry such insurance follow the law. This can leave an injured employee is a dangerous situation when injured on the job, forcing him or her to incur medical and other costs while unsure of his or her future employment prospects. Illinois law seeks to offer the injured employee of an uninsured employer a way out through the Injured Workers' Benefit Fund.

The Illinois Workers' Benefit Fund is a fund created by law to protect employees whose employers do not carry the required workers' compensation insurance. An employee may also make a claim if he or she received a workers' compensation award and the employer refused to pay. The Illinois Workers' Benefit Fund is funded from fines and penalties levied against employers, as well as from insurance companies. Employers can be fined anywhere from $500 to $10,000 for non-compliance with the insurance requirements of the law. There are also criminal penalties for the violation of the requirement to carry workers' compensation insurance.

The fund is run by the state and claims against it are made against the state treasurer. Before an injured employee can seek to make a claim from the Illinois Workers' Benefit Fund, he or she must prove that the employer is not insured. A search to see if an employer is properly insured can be conducted on the Illinois Workers' Compensation Commission website.

Unfortunately, the claims process for seeking benefits under the Illinois Workers' Benefit Fund is long and can be very complicated, especially to someone making a claim for the first time. In addition, there are long delays in terms of receiving benefits as the Illinois Workers' Benefit Fund only pays out once a year, and the benefits may not be paid in full. Because this can be a difficult area of workers' compensation law to navigate, it is usually advisable for an injured employee to seek the assistance of an attorney when making a claim. An attorney can also help an injured employee decide if there are additional legal steps that he or she can take, such as suing the employer in civil court, which would provide more compensation that making a claim under the Illinois Workers' Benefit Fund.

Contact Us for Legal Assistance

If you have suffered an injury in the course of your employment, whether your employer carries workers' compensation insurance or not, it is better to seek legal assistance in filing a claim. Contact the Crystal Lake workers' compensation attorneys at our office to learn how we can help you throughout each step of the process.

Sources:

http://www.illinoiscourts.gov/opinions/SupremeCourt/2015/117418.pdf

http://www.iwcc.il.gov/iwbf.htm

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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