One thing that injured drivers often assume is that they can only file cases in Illinois if they were actually hurt in Illinois … and that would be true, but only partially true.
The Worker’s Compensation Act allows workers who were injured inside the State of Illinois to file cases here, but it also allows injured workers to file cases here in two other situations where the actual injury occurred in another state. One is when the contract for hire was formed in the State of Illinois. The other is when the principal place of employment is in the State of Illinois.
What this means is that you can file a case under the Illinois Worker’s Compensation system when you were hurt in another state if (1) you were hired in Illinois or (2) your home terminal is in the State of Illinois.
Why does this make a difference? Worker’s compensation is covered by state law, and while the worker’s compensation systems are often similar state to state, there can differences in state laws which have a huge impact on the amount of money you receive and in your ability to control your own medical care. In some situations, it can change whether or not you are eligible for worker’s compensation at all.
Why is this a big deal for truck drivers? The nature of being a truck driver means that you are often traveling to other states, and even if you get hurt elsewhere, you may be able to file a case in Illinois and receive benefits where pursuing a case in the state where you were actually injured may change the outcome of your case completely.
One of the services we provide for drivers who were injured elsewhere or who have the option of pursuing a case elsewhere is an analysis of which state would be the best, given the issues in your case.
We hope this Tip has been helpful information. If you suffered an on-the-job injury and would like to learn more about what your options are, please complete this form [link to intake form], and we will be in touch with you promptly. Please feel free to share this Tip with anyone who you think would benefit from this. We strongly believe that knowledge is power, and the more information someone has about the rights and options after an on-the-job injury, the better things will be for them.