My Boss Said His Workers’ Comp Binder Had Run Out
Construction Accident,FAQ,Personal Injury,Work Injury,Workers' Compensation - August 26, 2015 by Horwitz, Horwitz & Associates
Question:
I was injured on a jobsite and informed my boss the next day. He asked if I had a broken wrist by the amount of swelling. I said I did not know but was going to the hospital. He did not offer any insurance info. The hospital sent me to a specialist after no break could be found. I was put on restricted duty by the doctor.
I asked my boss about Workers Comp and he said that the company’s binder had run out and that the insurance company did not inform him. He said he would pay the medical bills when I asked him about Workers Comp but said nothing about my lost wages. So my question is, what are my options?
–Kevin, Chicago
I asked my boss about Workers Comp and he said that the company’s binder had run out and that the insurance company did not inform him. He said he would pay the medical bills when I asked him about Workers Comp but said nothing about my lost wages. So my question is, what are my options?
–Kevin, Chicago
Answer:
Attorney Marc Perper:
In order to cancel a policy of workers’ compensation insurance in Illinois, an insurance carrier is required to satisfy certain technical requirements. These include giving written notice of the cancellation to both the employer and a state agency known as the Illinois Industrial Commission, which is the court that hears workers’ compensation cases. Notice to the Industrial Commission may be given by sending the notice to the National Council on Compensation Insurance (“NCCI”), which is a national clearinghouse that maintains records on the identity of employers and their workers’ compensation insurers.
If the carrier failed to give proper or timely notice of cancellation, either to your employer or to NCCI, the policy of insurance may still be in effect. In that event, it may be possible to force the carrier to pay benefits in spite of its attempted cancellation.
However, if the carrier did give proper notice, and if the cancellation took effect before your date of injury, then it may well be that the only party responsible for payment of your workers’ compensation and medical benefits would be your employer itself. As attorneys who practice before the Industrial Commission, we have access to the NCCI computer database that would identify whether a policy of workers’ compensation insurance was in effect for your employer on the date of your accident.
Other avenues do exist to seek workers’ compensation benefits if your direct employer was uninsured. For example, if you were a borrowed or loaned employee, it is possible that liability for payment of benefits might be imposed upon the borrowing or loaning employer or its workers’ compensation insurance carrier. Also, if your work involved erection, maintaining, removing, remodeling, altering or demolishing of a structure, or if you were employed by a business or enterprise engaged in construction, excavation or electrical work, it might be possible to impose liability upon a general contractor or owner who engaged your uninsured employer to do some or all of the work.
If you desire legal representation in your workers’ compensation case, or if you wish to discuss this matter in greater detail, please feel free to give us a call at 312-372-8822 (Chicago) or 815-723-8822 (Joliet) for an appointment to come into the office and meet with one of our attorneys. There will be no charge for the initial consultation.
In order to cancel a policy of workers’ compensation insurance in Illinois, an insurance carrier is required to satisfy certain technical requirements. These include giving written notice of the cancellation to both the employer and a state agency known as the Illinois Industrial Commission, which is the court that hears workers’ compensation cases. Notice to the Industrial Commission may be given by sending the notice to the National Council on Compensation Insurance (“NCCI”), which is a national clearinghouse that maintains records on the identity of employers and their workers’ compensation insurers.
If the carrier failed to give proper or timely notice of cancellation, either to your employer or to NCCI, the policy of insurance may still be in effect. In that event, it may be possible to force the carrier to pay benefits in spite of its attempted cancellation.
However, if the carrier did give proper notice, and if the cancellation took effect before your date of injury, then it may well be that the only party responsible for payment of your workers’ compensation and medical benefits would be your employer itself. As attorneys who practice before the Industrial Commission, we have access to the NCCI computer database that would identify whether a policy of workers’ compensation insurance was in effect for your employer on the date of your accident.
Other avenues do exist to seek workers’ compensation benefits if your direct employer was uninsured. For example, if you were a borrowed or loaned employee, it is possible that liability for payment of benefits might be imposed upon the borrowing or loaning employer or its workers’ compensation insurance carrier. Also, if your work involved erection, maintaining, removing, remodeling, altering or demolishing of a structure, or if you were employed by a business or enterprise engaged in construction, excavation or electrical work, it might be possible to impose liability upon a general contractor or owner who engaged your uninsured employer to do some or all of the work.
If you desire legal representation in your workers’ compensation case, or if you wish to discuss this matter in greater detail, please feel free to give us a call at 312-372-8822 (Chicago) or 815-723-8822 (Joliet) for an appointment to come into the office and meet with one of our attorneys. There will be no charge for the initial consultation.
