Workers’ Compensation Requirements for Employers

Elevator shaft accidents can lead to serious injuries, if not death. If you have worksite injuries as a result of an elevator accident or if you have lost a loved one in an elevator accident, you are probably entitled to Workers' Compensation, which can help you to address short-term financial needs.

An experienced construction accident lawyer will be able to help you determine if a party other than your employer had at least partial responsibility for the accident. When this is the case, you can file a third-party lawsuit. However, what happens if your employer never bought Illinois Workers' Compensation insurance?

Illinois Workers' Compensation & Small Businesses

In the past, some small businesses such as sole proprietorships were not required to carry Workers' Compensation insurance. Today, almost all businesses that are involved in the construction industry are required to buy this insurance as determined by the Employees Classification Act.

Illinois Workers' Compensation Penalties

An employer that deliberately avoids buying Workers' Compensation Insurance is subject to a fine of at least $10,000. If the company fails to pay, corporate officers may have to pay the fines. In addition, the corporate officers may face jail time. The officers may be prosecuted for a Class A misdemeanor if the officers were negligent or a Class 4 felony if the officers knowingly avoided purchasing the insurance.

Funds collected from these fines and any additional penalties are placed in the Injured Workers' Benefit Fund. This fund is used to provide Workers' Compensation benefits to those who have sustained worksite injuries while working for employers who do not have Workers' Compensation insurance.

Worksite Injuries & Personal Injury Lawsuits

Under Workers' Compensation rules, employees can't file a lawsuit against their employers for injuries incurred on the worksite, such as those sustained in an elevator shaft fall. However, if your employer or your loved one's employer didn't have Workers' Compensation insurance and should have, you may be able to file a lawsuit against the employer. To learn more about common construction accidents, such as elevator shaft accidents, visit our article library. 

The Law Offices of Barry G. Doyle, P.C. have tried many cases like yours and know the best ways to handle your worksite injuries case. For a free evaluation of your case contact us today - 312-263-1080.