Legal Question in Workers Comp in Illinois

Re: Can they not submit my claim?

They certainly should submit your claim and may have committed insurance fraud. It sounds as if you should hire an attorney and file an application for adjustment of claim at the Illinois Industrial Commission. You should have your attorney verify that your employer has workers' comp. insurance. Any questions, please call me at (312) 346-5578. Mike Helfand

Re: Can they not submit my claim?

It sounds as if your company is trying to avoid filing a WC claim for you with their WC insurance company. This is not unusual. Some companies want to brag about the number of accident free days they have had. They also fear that their insurance rates may go up. In either event, it is you that is entitled to the benefits and you may need an attorney to get those benefits started for you.

You also asked if there is any recourse. First, you would want to get your benefits started. That is primary. After that, you can claim additional benefits in the form of a penalty payment for failing to file with the WC insurance company within 3 days as required by law.

How you do all this is best handled by an attorney who is familiar with the WC system in Illinois. You don't give an indication where you may live. If you are in the Chicago area (Cook, Will, DuPage, or Lake County) I can help you. Please feel free to call me at my toll free number at 1-877-CompJoe (266-7563) or you may visit my web site at www.CompJoe.com.

Good Luck .................... Joe Spingola