Dedicated personal injury litigators obtaining relief for victims who have suffered on-the-job injuries in Arlington Heights, Libertyville, Itasca, and Chicago.
Workers’ compensation provides employees in the state of Illinois with various protections in the event of a workplace accident or incident. Not only does it cover the costs of medical care and treatment in the event of an accident, but it also covers a portion of lost wages when an injury prevents you from working. However, employers frequently violate their requirement to maintain workers’ compensation benefits, leaving you and your family vulnerable. If an employer has violated the Illinois Workers’ Compensation Act (ICWA), you need the assistance of an attorney to obtain relief. Contact an attorney at Newland & Newland, LLP for assistance with your claim.
Failure to Maintain Workers’ Compensation Coverage
Employers are obligated to comply with the provisions of IWCA. An employer who fails to maintain coverage as required under the IWCA can be sued for any injuries that occurred at the workplace in court. In fact, when an employer fails to maintain the required coverage, the court will presume that your injuries are a result of the employer’s failure to act in accordance with the required level of care. In addition, employers are prevented from claiming that a third party is responsible for your damages.
Enforcement of the Illinois Workers’ Compensation Provisions
The Illinois Workers’ Compensation Commission is tasked with ensuring compliance with the IWCA. If it is determined that an employer has failed to secure workers’ compensation coverage, the IWCC has the power to fine employers amounts that are above and beyond the typical penalties. Penalties may include:
- Civil fines that may range between $500.00 and up to $10,000.00 per day.
- Criminal penalties including imprisonment and a fine of up to $50,000.00 for each separate offense.
- Work stoppage, which requires employers to stop operations until it can show compliance.
Employers who engage in fraud to prevent payout of a benefit may be charged criminally or be ordered to pay civil penalties. Employers found to have engaged in fraud can be required to pay restitution for injuries you have sustained including medical treatment costs, court costs, and attorney’s fees that were incurred while trying to prove your claim.
Newland & Newland, LLP: Workers’ Compensation Attorneys
Violations of the IWCA are tricky and, unfortunately, employees do not typically become aware of a problem until it is too late. Encountering a problem with workers’ compensation benefits after an injury occurs requires quick action to ensure you are obtaining the proper treatment you deserve. Our attorneys are experienced workers’ compensation litigators who will aggressively defend your rights and get you the relief that you deserve. If you or your loved one believes that you are entitled to workers’ compensation but your employer has indicated it is not available, contact Newland & Newland, LLP today.
About Newland & Newland, LLP
Newland & Newland, LLP is an Illinois law firm with several offices located throughout the state. Our experienced attorneys have a common goal of taking the worry away from you as you navigate through your workers’ compensation claims. Our law firm has helped thousands of families and we want to assist you or your loved one with filing and obtaining a claim for relief. For a risk-free initial consultation, contact us today.