Illinois law requires an employer to carry Workers’ Compensation insurance.

If you do not have workers’ compensation insurance you are subject to fines and possible criminal sanctions.

The State of Illinois has investigators detailed to enforcing the Workers’ Compensation insurance requirements.

If you find out that a business does not carry Work Comp insurance you should report them to the Illinois Workers’ Compensation Commission.

Some businesses claim they use independent contractors instead of employees.

This distinction is important because independent contractors are not covered by Workers’ Compensation and if you are injured as a independent contractor you will have to prove negligence on the part of someone to be able to recover damages.

Determining whether you are an independent contractor is based on how much control is exercised over your work activities.

Some factors are as follows:

How much direction is provided over your work,

How are you paid,

Are you provided tools,

Are you provided uniforms,

Are taxes taken out of your wages,

What type of business is your boss or overseer involved in,

Do you have a contract for a specific job,

Is this the only job you have,

Who supplies the materials for the work?

The bottom line is do you look more like you are working for someone or like you have your own business hiring out for specific jobs?

Questions about your work injury? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.

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