No workman's comp insurance!

Author Subject: No workman's comp insurance!
Stormy Posted At 09:30:46 06/10/2001
Recently my boyfriend was injured on the job. It required surgery as he had a herniated disk. There is proof the injury occured on the job. However his employer informed him he had no workman's comp insurance. He lives in Illinois and has an attorney. But what can be done in the meantime if his employer refuses to pay a weekly compensation pay? With no income coming in, how do we survive? Are there any programs out there to help people in this situation? Can he collect unemployment if he is still considered an employee? Has anyone else been through this type of situation before? Can anyone give us some advice?
Thanks, Stormy
Del Information Services Illinois Workers' Compensation Links (Currently 0 replies)
Posted At 14:12:13 06/10/2001


Here's some links on Illinois workers' compensation info. You and your boyfriend need to learn as much as you can about it to protect yourselves.

----------------------------------------------------------------------- (Includes a link to Injured Workers of Illinois, an advocacy group)
----------------------------------------------------------------------- (It says this in their FAQ page, question #22)

22. Should an injured worker apply for unemployment benefits?

A. No. In applying for unemployment benefits during the period a worker is off work due to an on-the-job injury, the worker must state in writing that they are willing and able to work. Even though the injured worker will rarely, if ever, be called for work, the Workers' Compensation insurance company could argue that the injured worker's statement to unemployment, is contrary to their claim that they are unable to work.

However, recent court decisions have recognized the financial difficulties facing an injured workers who is not receiving T.T.D. benefits under the Act and have ruled that a worker who has applied for unemployment benefits, in certain circumstances, is not barred from claiming they are entitled to T.T.D. benefits. Nevertheless, it is advisable that the worker discuss the circumstances of their accident with an experienced Workers' Compensation attorney before applying for unemployment benefits.

(I agree, you should consult a legal expert before applying for unemployment)
----------------------------------------------------------------------- (They have a "Ask a Legal Question" page at this site. I would also suggest reading, Recent decisions by Ill. Industrial Commission)
----------------------------------------------------------------------- (Your state says this)
Q. My employer does not have workers' compensation insurance. What should l do?

A. Send a letter listing the employer's name and address to Robert M. Harris, Manager of the Insurance Compliance Program, or call him at 312/814-5654. He will contact the employer and ask for proof of insurance. He will not mention the name of the
. (emphasis added)
----------------------------------------------------------------------- (Illinois Industrial Commission's Handbook on Workers' Compensation and Occupational Diseases)
----------------------------------------------------------------------- (This is a seldom used message board of an Illinois Work Comp attorney with 49 total postings)
----------------------------------------------------------------------- (Apparantly, the state gets up to $500 a day penalty while the worker gets $10 "see below")
Not that this helps you now (and it's a pittance at that), but the Illinois Workers' Compensation Act at says this in 820 ILCS 305/19, Sec. 19. (Its about 93-95% down from the top of the page)

(l) In case the employer or his insurance carrier shall without
good and just cause fail, neglect, refuse or unreasonably delay the
payment of weekly compensation benefits due to an injured employee
during the period of temporary total disability the arbitrator or the
Commission shall allow to the employee additional compensation in the
sum of $10 per day for each day that a weekly compensation payment has
been so withheld or refused, provided that such additional compensation
shall not exceed the sum of $2,500. A delay in payment of 14 days or
more shall create a rebuttable presumption of unreasonable delay.

I hope this helps.

Stormy Re: No workman's comp insurance! (Currently 0 replies)
Posted At 16:40:55 06/10/2001

Del, thanks so much!! This will give us much reading and research to do but I am sure we will find alot of the answers to our questions amongst these web pages! Thanks again!! Stormy

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