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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.

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vocational rehabilitation, Crystal Lake Workers' Compensation LawyerIf an employee is injured on the job, his or her ability to return often depends on the type of work that he or she performed. If the injuries are severe enough that the employee cannot return to his or her old duties, the employer may agree to allow the worker to return to a modified position. Sometimes employers may seek to transition the employee out of his or her position all together, and in these cases, the employer may be required to pay for the physical, mental, and vocational rehabilitation of the employee.

Vocational rehabilitation is a process through which the employee receives job training, which can include skills training, resume writing, or even tuition reimbursement to assist the injured employee to return to school and gain new skills to re-enter the workforce.

Employers are required to pay for any qualifying vocational rehabilitation, as well as any incidental expenses to the vocational rehabilitation. Employees do not need to apply for vocational rehabilitation, and their employers should begin the process if the employee has been out of work for over 120 continuous days or as soon as it is clear that the employee cannot return to his or her former duties.

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insolvent employer, work injury claim, Crystal Lake Workers' Compensation LawyerMost employees who are covered under Illinois workers' compensation law expect to receive workers' compensation benefits for injuries or diseases that result from the work they do, or are in the course of their employment. This expectation can be shattered when an employee realizes that his or her injury came at a time when the employer is experiencing financial troubles and is about to go out of business. Fortunately, the employee is not completely out of luck even if the employer is not financially able to meet the costs of the employee's injuries.

Generally, all employers who have a duty to carry workers' compensation insurance do so using third party insurance companies. Employers pay premiums to the insurance company to ensure the employees are covered, and the employer is not allowed to pass this cost on to the employee. The insurance companies provide coverage for employers and meet the financial obligation of paying out benefits when a claim is made and substantiated. If an employer experiences financial troubles and files for bankruptcy or dissolves the business, the insurance company is still required to pay out a valid workers' compensation claim for an employee of that business.

Even if the insurance company that provided the employer's workers' compensation insurance is going through its own financial troubles, the employee still has a right to receive workers' compensation benefits. The employee's right is guaranteed through statutorily created non-profit organizations such as the Illinois Insurance Guaranty Fund. The purpose of these organizations is to guarantee benefit payments to policyholders of some insurance companies that go out of business. While there are caps on the amount an injured person may receive from the Insurance Guaranty Fund when making a claim on other policies, there are no such caps for workers' compensation claims.

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