Workers’ Compensation in Illinois: Can I File a Claim?

Compared to other states, Illinois has some of the most favorable workers’ compensation laws. Below is an outline of the basics of workers’ compensation law (or ‘workman’s comp’) in Illinois when it comes to determining whether or not you can bring a case here. If you have questions about this or would like an attorney referral, please contact us.

In Illinois, to be eligible for workers’ compensation benefits, you must meet one of the following conditions:
1. you were hired in Illinois or
2. you were hurt in Illinois or
3. have your employment principally based in Illinois.
As you would expect, if you normally work in Illinois and sustain a job injury such as carpal tunnel syndrome, you can apply for Illinois workers’ compensation benefits.

But what if I work in another state and am hurt in Illinois?
Even if you regularly work in another state but are hurt in Illinois, you can still file for Illinois workers' compensation benefits. For example, if you are based out of Texas and are working in Illinois even for one day and are injured on the job here, you can file for workers' compensation benefits through the state of Illinois even if your employer or their insurance company states that the case must be handled in Texas.

This example highlights why it is important to know your rights and consult with an experienced workers’ compensation attorney who can guide you through the process. If the benefits go through the state of Texas, the employer can choose the treating physician but in Illinois the worker is chooses the physician who will treat them. Even if you were just passing through at O’Hare airport and got hurt there you can bring a claim if you were on business.

What if I’m hired in Illinois but am hurt in another state?
If you were hired in Illinois, but hurt in another state, you can still pursue Illinois workers’ compensation benefits. This holds true even if you don't live here and haven't been in Illinois since you were hired. For example, assume you were from Florida, but interviewed with Wrigley for a job and they flew you to Chicago for the final interview and offered you the job while you were physically in Illinois. In that case, if you were ever hurt on the job you could file for workers' compensation benefits through the state of Illinois.

What if I’m principally based in Illinois?
If your employment is principally based in Illinois, but you are injured in another state, you may receive benefits but note that it depends on what "principally based" means. That will be determined by such things as the percentage of time you spend in Illinois, where your work headquarters are and where your work orders come from.

Recent case law preventing employers from contracting out of Illinois

Your employer may ask you to sign an agreement with an “exclusive remedy” clause that basically says that you agree to collect workers’ compensation benefits in a certain state. Even if you signed such a contract, you may still be able to get workers’ compensation benefits in Illinois. Consider the facts of a recent case decided by an appellate court in Illinois –

• A worker’s 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.
• The accident occurred in Pennsylvania.
• The employee already filed a lawsuit in Ohio and received money from his employer pursuant to the Ohio Workers' Compensation Act but he then filed another lawsuit in Illinois seeking workers’ compensation damages.

The court decided that the employee had a right to recover workers compensation damages in Illinois because the contract was entered into in the state of Illinois, and workers' compensation claims are a matter of public interest and not a private matter between the employer and his employee that can be contracted away. Simply put, no employer can legally have you sign away your workers’ compensation rights.

Now what?
This may seem complicated and confusing but an experienced workers’ compensation attorney can break it down for you and explain how it all applies to your specific case. If you don’t know where to begin finding such an attorney, call us. We are free. We are confidential. We can point you to an attorney in your area who is a fit for your case.