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Can I File My Workers' Compensation Case in Illinois?
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Illinois is probably the most worker friendly state when it comes to workers' compensation benefits. We say that because we believe that the Illinois Workers' Compensation Commission usually sides with the worker and the quality of benefits seems to exceed other states.
To be eligible to file for Illinois workers' compensation benefits, one of three things has to happen; you have to be hired in Illinois, hurt in Illinois or have your employment principally based in Illinois.
Most people know that if they work in Illinois every day or almost every day they can apply for Illinois workers' compensation benefits if they sustain a job injury such as carpal tunnel or an injury to their back. Not everyone knows that if you are hurt in Illinois you can automatically file for Illinois workers' compensation benefits even if you normally work in another state.
For example, if a truck driver based out of Texas is making a delivery in Chicago (or anywhere else in Illinois) and strains his back while making a delivery, he can file for workers' compensation benefits through the state of Illinois. This is true even if your employer or the workers' compensation insurance company says that your case should go through a different state.
It's important for workers to know their rights about this law. In the above example, if the benefits went through the state of Texas, the employer would be allowed to choose the treating physician. In Illinois the worker gets to choose their own doctor. It is also likely that a case would be worth more money if it was handled through Illinois.
In addition, if you were hired in Illinois, but hurt in another state, you can still pursue Illinois workers compensation benefits even if you don't live here and haven't been in Illinois since you were hired. For example, if you were from California, but interviewing with United Airlines for a job. If they flew you to Chicago for a final interview and offered you the job while you were physically in Illinois then if you were ever hurt on the job you could file for workers' compensation benefits through the state of Illinois. A recent court case was tried recently in front of the Illinois Supreme Court with similar facts and the Court ruled in favor of the injured worker.
You may also receive Illinois workers' compensation benefits if your employment is principally based in Illinois, but you are hurt in another state. It is open to interpretation as to what "principally based" means, but some factors considered are the percentage of time you spend in Illinois, where your work headquarters are and where you work orders come from.
Some companies try to avoid paying Illinois workers' compensation benefits by getting their employees to agree in writing what state claims must be filed in. Employment contracts often contain "exclusive remedy" clauses, which attempt to limit the employee's right to collect workers' compensation to a single jurisdiction or state. While people are entitled to enter into contractual agreements at their own will, courts will not accept contract terms that are against public policy. In other words, if the contractual provision offends some traditional notion of justice or liberty, the court will refuse to enforce the contract provision on public policy grounds.
Recently, the an Illinois appellate court decided that an employee injured on the job had the right to collect worker's compensation in Illinois, despite the fact that his employment contract stated that his only workers' compensation remedies were under Ohio law. The employee had entered into the contract in Illinois and lived in Illinois, but the accident which caused his injuries took place in Pennsylvania. Although the employee had already filed a lawsuit in Ohio and received money from his employer pursuant to the Ohio Workers' Compensation Act, he filed another lawsuit in Illinois seeking workers compensation damages.
The Illinois court determined that the employee had a right to recover workers compensation damages in Illinois. It reasoned that because the contract was entered into in the state of Illinois, and because workers' compensation claims are a matter of public interest and not a private matter between the employer and his employee, an employment contract cannot deny the Illinois courts jurisdiction over the employee's claims. In other words, the public policy behind ensuring that insured employees are taken care of under workers' compensation statutes trumped the attempt by the employer to restrict the employee's right to recover benefits.
In short, receiving worker's compensation benefits in one state does not bar a subsequent award in Illinois if you would otherwise be entitled to file your case here. While there may be circumstances where a person cannot recover in more than one state, public policy generally allows an employee to bring a worker's compensation claim in more than one state, absent some "unmistakable language" in a workers' compensation statute that dictates otherwise.
Does all of this sound confusing? It can be. If you have any questions about this case, your rights to receive Illinois workers' compensation benefits or any other questions, please do not hesitate to contact us.
Findgreatlawyers.com helps people looking for Illinois workers compensation attorneys for any area of Illinois. Since 2001 we have been the leading authority to find an Illinois lawyer and obtain legal guidance.