Normally, if you are hurt on the job in Illinois, you are limited to receiving only workers’ compensation benefits. If, however, your employer didn’t have valid workers’ compensation insurance at the time of your injury, then the range of outcomes is very different. In that circumstance, your employer isn’t shielded by the protections of the Workers’ Compensation Act, which means that you are no longer prohibited from suing your employer in civil court and getting a damages award in the full amount of the harm you suffered. This may help because a civil court damages award could be massively bigger than the award of workers’ comp benefits you otherwise would have received. To do that requires clearing many legal procedural hurdles that are often technically intricate and complicated, so it pays to have a knowledgeable Chicago workers’ compensation attorney on your side.
As an example, there’s the appellate court judgement regarding the case of J.G., a worker for a food manufacturer in the Chicago area. When he was hurt at work in early 2018, J.G. hired legal counsel to handle his workers’ compensation case. His attorney began investigating the case and discovered that J.G.’s employer did not have workers’ compensation insurance at the time of J.G.’s accident.
To be able to bypass the workers’ comp process and instead take your employer to civil court based on your employer’s lack of valid insurance coverage, you have to jump through several hoops in terms of proof.