Injured Workers’ Benefit Fund

Attorney Blog

work injury formThe Injured Workers’ Benefit Fund: when your employer doesn’t have workers’ compensation insurance

Illinois state law requires employers to carry workers’ compensation insurance in order to protect any employee who suffers an injury on the job. But what happens if your employer doesn’t carry the required insurance?

If my employer doesn’t have work comp insurance, does that mean I don’t have a claim?

If you were injured at work, you have a claim for workers’ compensation benefits, regardless of whether or not your employer has the requisite insurance. However, the process becomes far more complicated when your employer does not have work comp insurance.

Who pays for my benefits?

Your employer is responsible for paying the benefits, but if your employer fails to do so, then your benefits may be paid through the Injured Workers’ Benefit Fund. The Fund is set up by the Illinois Workers’ Compensation Act to provide payment for injured employees’ benefits when their employers fail to obtain work comp insurance.

When will the Fund begin issuing benefits?

Unfortunately, in order to secure benefits from the Fund, you must proceed to trial and have benefits awarded by the arbitrator. There are several procedural requirements that must be met in order to proceed to trial, so you must seek the assistance of an experienced workers’ compensation attorney to guide you through the process.

Can I still seek treatment?

Any employee injured on the job should seek medical treatment immediately. However, if your employer doesn’t have insurance, you may need to put your medical treatment through your own insurance for the time being. If the arbitrator awards medical benefits, the Fund would then issue payment to you to cover the medical bills.

What about my wages while I am off work due to my injury?

If the arbitrator awards wages for the time you are off work for your injury, the Fund will pay you these benefits as well. Be sure to keep all of your work status notes from your doctor to show your entitlement to these wages.

What happens to my employer for not having work comp insurance?

The state will assess fines and penalties against your employer for failure to comply with the law. These fines are paid into the Fund in order to provide benefits for other employees in your same situation in the future.

When will my benefits be paid?

At the end of each year, the Fund issues payment for any benefits awarded from July of the prior year through June of that year. Benefits from the Fund are paid on a pro rata basis, so if more benefits are awarded than is available in the Fund, you may only receive a percentage of what you were awarded.

Workers’ compensation claims in general are tricky to navigate through, but cases involving the Injured Workers’ Benefit Fund are far more complex. In order to ensure a successful claim involving the Fund, you must have an experienced workers’ compensation attorney familiar with the process assisting you to ensure all the requirements are met. Contact the attorneys at Woodruff Johnson & Evans Law Offices at (630) 585-2320 to discuss your case and how we will make sure you are receiving from the Injured Workers’ Benefit Fund all the benefits to which you are entitled. To learn more about workers’ compensation, visit our Guide to Workers Compensation page.

View Lynn Taylor’s vlog on Youtube: Injured Workers’ Benefit Fund: When your employer doesn’t have Workers’ Compensation Insurance.

Categories:

Lee Alhambra: kind and patient when explaining things, and a calmness that is soothing in stressful situations.

Want to say thank you to Attorney Leandro Alhambra for not just being a good lawyer but for being kind and patient when explaining things. He has calmness that is soothing in stressful situations.

Conniebelle

Lee Alhambra will represent you well and will fight for your case. Highly Recommended.

Very professional, detailed and courteous. My case was handled with ease and I’m very grateful! Woodruff Johnson & Evans Law Offices will represent you well and fight for you. Leandro Alhambra is a lawyer I would highly recommend.

Dylan C

I HIGHLY recommend this firm as they are forthright, honest, and easy to work with! Mr. Evans was absolutely outstanding!

I met with Attorney Evans today about a vehicle/pedestrian settlement claim. Mr. Evans was absolutely outstanding and helped guide my thinking regarding the insurance company and potential lawsuit. I HIGHLY recommend this firm as they are forthright, honest, and easy to work with!

Keith W

I recommend Jay Johnson and Woodruff Johnson & Evans. Jay Johnson is a real trailblazer in the work-related injury process. 10 STARS!

My attorney, Jay Johnson, was efficient and there for me when I needed help with my work-related injury. Whenever I had an issue related to my employers’ insurance adjuster, he took care of it. Jay protected my rights when I was wrongfully charged medical bills and collectors. Jay always made himself available when I had  […]

Peter

El Sr. Jay Johnson fue genial. Me guió paso a paso a través de su proceso. Lo recomendaría en caso de alguna lesión laboral.

El Sr. Jay Johnson fue genial. Fue muy receptivo. Respondió a todas mis preguntas. Siempre encontraba tiempo para devolverme la llamada cuando no estaba disponible. Me guió paso a paso a través de su proceso. Lo recomendaría en caso de alguna lesión laboral.

Rodrigo G.

Work Compensation Attorney Leandro Alhambra Fought Hard For My Case. I Highly Recommend Him. Great Communication.

Leandro Alhambra at Woodruff, Johnson & Evans did an excellent job. From the time I first contacted him, he was professional and caring. He kept me informed even during the pandemic and he fought to get me a good settlement. I recommend him highly!

Edward P.

I Got Hurt at Work and Hired Russell Haugen to Take On Workers Comp for Me! I Highly Recommend This Law Firm.

I got hurt at work and my employer workers comp has a history of giving hurt employees a “Run Around.” Well, my workers comp “kept” loosing my Doctors orders for physical therapy. After a couple of weeks of this “Run Around” I contacted Russell. It was approximately 20 minutes after speaking to Russell, and my […]

Joseph H.

I highly recommend attorney Jay Johnson to anyone facing work comp issues!

Jay Johnson was an amazing attorney. Whenever I had a question, however little it was, I’d always hear back from him either that same day, or the following morning. I really felt he represented me very well. I’d highly recommend him to anyone who has even a question about their case!

Holly B.

Mr. Russell Haugen is the best personal injury attorney in the entire Chicago area!

In my opinion, Mr. Russell Haugen is the best personal injury attorney in the Chicago area. He is very professional and very hard working person for his clients. His knowledge allowed me to have a good ending for my case. He was awesome to work with. The process took several months but the settled was […]

Barbara I.

Great Law Firm to Work With! They Stay On Top Of Everything! Thanks So Much!

They are on top of everything. Great people to work with! Thank you so much for everything you done for me.

Deanna S.
View All Testimonials

Get Your Free Consultation

  • This field is for validation purposes and should be left unchanged.