Employees Covered Under the Workers’ Compensation Act

It almost goes without saying that an individual must be an “employee” of an “employer” in order to qualify for Workers’ Compensation benefits. Fortunately, almost every employee in Illinois that is hired, or whose employment is localized in the State of Illinois is going to be covered by the Act for work-related injuries from the moment they begin their employment. However, there are situations where an employee of an employer may, arguably, not be an employee covered under the Act. In this regard, the Act categorizes employees in three different ways.

First, the Act applies automatically, and without election, to most government organizations including any “State, county, town, township, incorporated village or school district, body politic or municipal corporation.” 820 ILCS 305/3

Second, any person, firm, public or private corporation (including hospitals), public service, eleemosynary, religious, or charitable corporations or associations who has any other person in its employment that has elected to become subject to the Act prior to the accident is covered under the Act. Most businesses have so elected.

Third, any person, firm, public or private corporation (including hospitals), public service, eleemosynary, religious, or charitable corporations or associations who has any other person in its employment and who is engaged in any enterprise, undertaking or businesses that are declared by §3 of the Act to be “extrahazardous” is covered under the Act. 820 ILCS 305/1 et seq.

Interestingly, and as will be discussed in later Articles, the Act’s definition of “extrahazardous” is extraordinarily different than the common meaning of that word and its breadth is such that it covers many workers.

If you, or a loved one, has been injured at work, then you need information about your rights. At Shunneson Law Office, I am devoted to demanding an insurance company cover your injuries following accidents. Call (847) 693-9120 for more information or contact us to schedule a consultation. Located in Lake County, Illinois, with meeting locations throughout Chicago, we have the ability to meet with you at any convenient Chicagoland location from 9:00 a.m. to 5:00 p.m., Monday – Friday. However, evening and weekend appointments are available upon request by calling 847.693.9120.

-Drake Shunneson (copyright 2012)

NOTICE: The materials provided are for informational purposes only and should not be viewed as legal advice. It may also be viewed as advertising material. You should contact us directly, or your attorney, to obtain advice to any issue or problems. This article, by itself, does not create an attorney-client relationship and the opinions are those of the individual author and do not reflect the opinions of the Law Office or any other individual, attorney, entity or individual. Photos courtesy of FreeDigitalPhotos.net While the author has utilized his experience and knowledge of workers compensation law in writing this article, as well as many articles, books, statutes, regulatory rules, treatises, and internet sources, some of the ideas and material for this article were obtained from the Illinois Institute for Continuing Legal Education’s Illinois Workers’ Compensation Practice Guide (2011), which deserves special recognition.