What are my legal obligations as an employer in Illinois regarding workers' compensation insurance?

Illinois law requires most employers to obtain workers' compensation insurance for their employees. This insurance covers employees who are injured on the job or who develop job-related illnesses or diseases. As an employer in Illinois, you have several legal obligations regarding workers' compensation insurance, including:

1. Obtaining Workers' Compensation Insurance: Most employers in Illinois must obtain workers’ compensation insurance, regardless of the number of employees they have. This insurance must be provided to employees free of charge and it must cover work-related injuries and illnesses. Failure to obtain workers' compensation insurance can result in penalties and fines.
2. Posting Notices: Illinois law requires employers to post a notice that explains employees’ rights to workers’ compensation benefits. This notice must be posted in a conspicuous location in the workplace where employees can easily see it.
3. Providing Prompt Notice of Injuries: Employers must provide prompt notice of any work-related injuries to their workers’ compensation insurance carrier. The notice must be given within seven days of the injury or as soon as practicable. Failure to provide prompt notice can result in penalties.
4. Reporting Injuries to the Illinois Workers' Compensation Commission: Employers are also required to report any work-related injuries that resulted in medical treatment beyond first aid, time off work, or permanent disability to the Illinois Workers’ Compensation Commission. This report must be filed within 45 days of the injury or within 90 days if the employee continues to receive medical treatment.
5. Co-operating During Investigation: Employers are required to co-operate with the Workers’ Compensation Commission during any investigation, including providing information about the injury and the work environment.
6. Not Disciplining Employees for Filing Claims: Employers may not retaliate, discharge, or take any other adverse action against employees who have filed workers’ compensation claims or testified in connection with such claims.

Exceptions: While most employers in Illinois are required to obtain workers’ compensation insurance, there are some exceptions. For example, sole proprietors and business partners are not required to have workers’ compensation insurance. However, if a sole proprietor or partner has employees, they may still be required to obtain workers’ compensation insurance.

Advice: If you are an employer in Illinois and you are not sure about your obligations regarding workers’ compensation insurance, consult with an experienced employment attorney. Additionally, you may want to perform a complete review of your insurance policies and employee agreements to ensure that you are in compliance with all applicable laws and regulations.