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Archive for the ‘Illinois workers compensation laws’ tag

Can Independent Contractors Receive Workers’ Compensation Benefits in Illinois?

April 29th, 2021 at 12:54 pm

contractorEven though all employers are required to carry workers’ compensation insurance, not all those who work for that employer are covered. Technically, only true employees are eligible for coverage under workers’ compensation, but many companies also employ a variety of other workers, such as independent contractors. However, independent contractors are not eligible to receive benefits through workers’ compensation, even if they are injured while working. Some work injuries can be serious and require extensive medical care and time off from work, placing unnecessary stress on you and your family. If you have been injured as an independent contractor and your employer has stated that you are ineligible for workers’ compensation benefits, an Illinois attorney can help.

Employee Misclassification is Common

Even though both independent contractors and employees work for an employer, there are differences in their employment status and benefits. Though there are federal laws to distinguish an employee from an independent contractor, the Illinois Workers’ Compensation Commission considers all workers to have an employment relationship with their employer unless otherwise stated. Misclassifying workers is a common reason why a workers’ compensation claim can be denied by your employer. Misclassifying workers allows employers to avoid paying payroll and unemployment taxes on that worker’s earnings, but it also means the employer can face penalties if they willfully misclassify an employee.

Am I an Employee or an Independent Contractor?

The criteria that the Workers’ Compensation Commission uses to determine whether a worker is an employee or an independent contractor is slightly different than the criteria that the federal government uses. According to the Commission, a person is not an independent contractor unless that person:

  • Has and will continue to be free from the employer’s control over their performance of their services;
  • Provides a service either outside of the usual type of business or services the company provides or that service is performed outside of of the company’s locations; and
  • Has an independently established trade, occupation, business, or profession.

Contact a Cook County Workers’ Compensation Attorney

For the average family, being injured at work and being denied workers’ compensation benefits could cause extreme financial stress. It is important that your employer correctly classifies your employment status, but they do not always do this. If you have been injured at work and you are unsure of whether or not you qualify for benefits, you should speak with a skilled Chicago, IL workers’ compensation lawyer. At the Law Offices of Francis J. Discipio, we can help you determine whether or not you are entitled to workers’ compensation benefits and your options for recovering that compensation. To schedule a free consultation, call our office today at 630-574-2288.

 

Sources:

https://www2.illinois.gov/idol/Employees/Pages/Employer-Misclassification-of-Workers.aspx

https://www2.illinois.gov/sites/iwcc/about/Pages/insurance.aspx

 

Returning to Work After an Injury: What Every Injured Employee Should Know

April 7th, 2017 at 10:36 am

Illinois workers comp attorney, Illinois workers compensation lawyer, When you are injured on the job, it can be devastating on your family’s finances. This remains true, even when you are eligible for workers’ compensation. Sadly, this may encourage you to return to work sooner, and that could potentially jeopardize your health. Thankfully, there are some things you can do to mitigate the risks. The following explains how.

Return Slowly, If You Can

Although returning to work could help you recover from your injury faster, it also places you at risk for injury if you come back to full duty too soon. This is especially crucial to understand if your doctor has told you to only return part time, or on limited duty. So, if you do return to work before you are fully healed, make sure you convey any concerns you have to your employer. Discuss your limitations with them and ask for the accommodations you are entitled to receive.

Know Your Rights

Just as you have the right to only work to the level that you are capable of when you return, you have the right to also continue seeking medical treatment for your injury. Further, you can still claim workers’ compensation for the time you missed at work, and for any time that may continue to lose for doctor appointments or special therapies and/or treatments. Make sure you keep track of your hours of lost work since this will be crucial to ensuring you receive compensation.

You should also know that your employer cannot punish you for claiming workers’ compensation, or for needing time to see your doctor for treatment. If you do feel that you have been wrongfully terminated, demoted, or otherwise punished for a work injury, it is crucial that you contact an experienced attorney for guidance and assistance.

Help for Your Workers’ Compensation Claim

While you can file a workers’ compensation on your own, not seeking legal assistance could increase your risks of a claim denial. Further, those who have representation during the claims process often experience more favorable outcomes. So get the quality counsel you deserve.

At the Law Offices of Francis J. Discipio, we fight to protect the best interests of our clients. We handle the legal aspects of your case, freeing you up to focus on healing and getting back to work. Whatever your situation, our Chicago workers’ compensation lawyers pursue the most favorable outcome possible. To schedule your consultation, call 630-574-2288 today.

 

Source:

http://www.wcb.ny.gov/content/main/ReturnToWork/RTW_Information_pamphlet.jsp

New Illinois Law: Employee Leasing Company Act

January 20th, 2017 at 11:24 am

Illinois workers comp attorney, Illinois workers compensation lawyerAs the new year begins, it brings a number of new laws to the state of Illinois. The governor has approved House Bill 6225 to be implemented at workplaces starting early January 2017. The new worker’s comp law allows small businesses or places or employment that partner with outsourcing companies to maintain its own worker’s compensation insurance. It is beneficial to understand that injured workers are entitled to workers compensation for medical their bills and lost wages.

What does this mean for me?

If you lease out your business or are a lessee of a business building, the owner of that building and the people leasing the building must have some sort of leasing arrangement between them regarding worker’s comp insurance. They will not have to worry about keeping certain records filed. Both may provide workers’ comp insurance coverage for under a leasing arrangement.

What steps are there to take for the lessee and lessor?

As soon as the person leasing provides workers’ compensation coverage for their leased employees under the employee leasing arrangement that they have created, the lessor can then notify the Department of Insurance to make sure that proper and timely notification of their coverage to the Department.

How does this affect Illinois workers compensation?

The update to Illinois law regarding workers’ compensation may affect how businesses can provide safety for their employees. There a many ways that an employee can be injured in a workers’ comp case and some may not even be aware of how to go about getting insurance or filing a claim. There could be times with job-related injuries are not as obvious as one may think. It is important to keep in mind that if an employee has a pre-existing injury that they can use workers’ comp as well. Whether the injury takes place at a construction accident or if you already have a developed a condition due to stress stressing, having workers’ comp insurance extremely beneficial to have.

If you or someone that you know has been injured on the job and is receiving workers’ comp and would like to learn more about the employee leasing company act that was recently implemented, please contact the experienced Chicago workers’ compensation attorneys at the Law Offices of Francis J. Discipio. If you wish to speak with someone please call 630-574-2288 or visit may visit our website as well for more information.

Sources:

http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=6225&GAID=13&SessionID=88&LegID=9576

 

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