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My Employer Isn't Providing Workers Compensation for My Injury - What Now?

worker tripping over an electrical cord on a warehouse floor

You Have the Right to a Safe Workplace

Every employee has the right to work in a safe environment that is maintained by the employer. However, accidents happen and some day you might find yourself injured at work. These injuries, no matter the industry, can have severe negative impacts on your day-to-day life. They have the potential to make you unable to fulfill your job responsibilities and can even cause lifelong damages.

While it’s the responsibility of your employer to carry workers compensation - no matter the size of the company - yours may choose to opt out. If this is the case and you end up injured because of your job, the employer could be in serious legal trouble from both the state and your potential civil case.

What the State Law Says

According to the Illinois Workers Compensation Commission, the law requires that almost all employers provide workers compensation for their employees, with a few exceptions. Here are which businesses or individuals might be exempt:

  • Members of limited liability companies
  • Sole proprietors
  • Business partners
  • Corporate officers

However, it is estimated that the law covers nearly 91% of employees in the state, and businesses that should be maintaining this insurance and are failing to do so could receive financial penalties.

Pursuing Legal Action

If your employer doesn’t have workers compensation and you sustain an injury from your job responsibilities, you have the right to pursue a case in civil court, and to file a workers compensation claim. By pursuing legal action in civil court, you are essentially holding the employer responsible for not providing a safe environment and placing the fault on them for your injury.

If choosing to go this route, you would need to prove that there was not workers compensation insurance at the time of your employment, among other evidence to prove that the job directly related to the injury. Hiring an experienced workers compensation attorney can help you better understand the requirements for filing these claims and provide meaningful representation throughout the duration of your case.

Contact our Illinois Workers Compensation Attorneys

Turner Law Group is a premier workers compensation firm in DeKalb and Kane Counties, with decades of experience protecting employees in dozens of industries. We pursue each case with compassion and aim to protect your right to work in a safe and healthy environment.

If you or a loved one was injured at work and your employer is refusing to cover it, contact us today! Call (800) 653-0198 or visit our website to schedule a consultation.