Legal Question in Insurance Law in Illinois

Re: workers compensation insurance

I will provide you the law and you can decide for yourself (or make an appointment with an attorney for a face-to-face meeting) because I do not have enough information from your question:

An "employer" pursuant the Act is defined as:

Every person, firm, public or private corporation, including hospitals, public service, religious or charitable corporations or associations who has any person in service or under any contract for hire, express or implied, oral or written, and who is engaged in any �enterprise or business�.

Moreover, anyone engaging in any "business or enterprise" that is "extra hazardous" is liable to pay compensation to his own immediate employees AND any contractor hired to do any such work (such as landscaping) UNLESS such contractor or sub-contractor has its own insurance.

An enterprise or business that has been declared to be "extra hazardous" is �The erection, maintaining, removing, remodeling, altering or demolishing of any structure�.

In so far as it covers the business of "maintaining a structure", courts have stated: 'the owner of a building who makes use of it by renting it for the purpose of producing an income from it is engaged in the business of maintaining a structure�.�

So you need to provide a lawyer with more information about your �Association� for a more complete answer.

You also need to explain why you are asking the question.

If you are asking the question because you are thinking of hiring a landscaper for your property and not verifying that your contractor has workers compensation insurance, I would say that you are making a grave mistake.

If an accident has already happened then you need to get off the bulletin board and into a lawyer�s office without delay.

Matt Belcher