What If My Employer Doesn’t Have Workers’ Comp Insurance?

What is workers’ compensation insurance and why do employers need it?

Workers’ compensation insurance is a type of liability insurance with which the employer assumes liability for their employees’ work-related injuries. It covers the expenses incurred for a worker to heal and return to work, including doctor’s visits, medications, physical therapy, missed wages and more.

Almost every employer in the State of Illinois is required to have workers’ compensation insurance coverage if they have only one employee. Unfortunately, some employers refuse to adhere to this law in an attempt to save themselves money. But they do so at the risk of not only their finances but, more importantly, their employees.

What if my employer doesn’t have it?

If your employer doesn’t have workers’ compensation insurance, that’s a problem. It’s a crime in the State of Illinois and has consequences. If an employer knowingly fails to provide workers' compensation insurance, they are subject to fines and lose protections provided to them by the Illinois Workers' Compensation Act, and any employee who is injured on the job while they are uninsured can sue their employer in civil court, where damages are unlimited.

How do I know if my employer has workers’ comp insurance?

The first thing you need to do when you’re injured at work is report it to your employer, from there they should provide workers’ comp benefits information. If they don’t provide that info, ask for it.

You, or your attorney, can also verify an employer's insurance status yourself by conducting a search through the Illinois Workers’ Compensation Commission.

You can still get compensation

Thanks to the State of Illinois Injured Workers’ Benefit (IWBF), injured employees can still get compensation for their injuries even if their employer has failed to obtain workers’ compensation insurance. The IWBF fund was created in 2005, funded by penalties and fines from uninsured employers. This fund is used to pay workers' compensation benefits to injured employees whose employers are uninsured.

For example, a previous Black & Jones client was seriously injured at his restaurant job. Severe burns caused him to need an ambulance ride to the emergency room. He then received months of treatment that left significant scarring. During that time, he was unable to wear shoes and therefore couldn’t return to work, unable to make wages to pay his medical bills. His employer ignored him when he asked for assistance. He reached out to Black & Jones for help, who was able to verify that his employer did not have workers’ compensation insurance. The team at Black & Jones were able to build a case listing IWBF as a party to the claim. Ultimately, an award was obtained and the injured worker received the compensation he deserved.

If your employer is improperly insured, you’re not out of luck. And with Black & Jones Attorneys at Law, you’re not alone. Tell us about your case and we can get started fighting for the compensation you deserve. Call Black & Jones Attorneys at Law at 815-967-9000 or fill out the form to get started!