Black & Jones Forces Employer to Pay Compensation to Burned Worker Despite Lack of Insurance Coverage
Employer Negligence
Almost every employer in the State of Illinois is required to have workers’ compensation insurance coverage if they have even a single employee. Unfortunately, some employers refuse to adhere to this law in attempt to save themselves money. But they do so at the risk of not only their finances but, more importantly, their employees. Black & Jones was contacted by a client who worked at a restaurant. While working, he sustained severe burns to his foot while working in the kitchen. The injuries were so severe that he was taken by ambulance to the emergency room and underwent months of treatment that ultimately left significant scarring. Not only did he incur significant medical bills and visible scarring on his foot, but he also missed time from work when he was unable to be on his feet or wear shoes. When he tried to talk to his employer about covering the cost of the medical bills, he was ignored. So he sought the assistance of our attorneys at Black & Jones!
They Weren’t Safe, Now They’re Sorry
After listening to the client’s story, it became immediately apparent that the employer likely failed to have workers’ compensation insurance coverage. Black & Jones knew that they would have to first verify if there was insurance coverage as well as gather the medical records and bills for evidence in the case. Once it was determined that there was no insurance, Black & Jones added the State of Illinois Injured Workers’ Benefit as a party to the claim. This is a fund set up to help provide benefits to people injured while working for employers that fail to have insurance. If the employer refuses to pay out of their own pocket, the case could proceed to trial against them and any award entered could be submitted to the fund requesting payment.
By adding the Illinois Injured Workers’ Benefit Fund to the case, Black & Jones made it clear to the employer that the State of Illinois would be getting involved, which could result in the State’s Department of Insurance prosecuting the employer and issuing fines for failure to have insurance.
Black & Jones also gathered all the necessary evidence that would be offered at trial and was able to convince the employer that if they tried to fight or dispute the case, they would lose. If they lost, the restaurant, as well as any individual owners or directors, could be held liable to pay the award.
Securing Compensation
It wasn’t long until the employer finally caved. Given the ferocity with which Black & Jones pushed the case forward, the employer eventually agreed to pay the compensation owed directly without having to proceed to a trial. A settlement was reached, and our client received compensation for the injury
he sustained. If possible, always verify your employer has workers’ compensation insurance coverage in case of an emergency. But if you do sustain an injury while working for an employer that doesn’t have insurance, you do have options. It will take an attorney with knowledge, experience and a willingness to fight for you to handle a case like this. If you are in need of such an attorney, contact us today for a free consultation!
Call Black & Jones Attorneys at Law at 815-967-9000 or fill out the form to get started!