Can I use my own insurance instead of workers’ comp?
Workers Compensation - December 9, 2025
In most cases, you shouldn’t use your own insurance instead of workers’ compensation for a work injury. Doing so can delay benefits, create billing problems, and put your right to workers’ comp coverage at risk. Working with an Aurora workers’ compensation lawyer at Horwitz, Horwitz & Associates can help you understand your options and protect your financial future.
Can I use my private health insurance instead of workers’ compensation for a work injury?
While you can technically present your insurance card at a doctor’s office, you generally should not use private health insurance for coverage for work-related injuries. Most insurance companies have specific exclusions in their policies that prevent them from paying for injuries that should be covered by workers’ comp.
If they discover the injury happened at work, they may deny the claim or seek reimbursement later, leaving you with high out-of-pocket costs.
How does workers’ compensation work in Illinois?
Illinois’s workers’ compensation system provides a mandatory, no-fault insurance covering employees’ work-related injuries. Unlike personal health insurance, workers’ comp is designed to cover reasonable and necessary medical care related to your injury, without copays or deductibles in most cases.
Workers’ compensation benefits also provide some coverage for lost wages (typically two-thirds of your average weekly pay) and vocational rehabilitation if you cannot return to your previous role. By law, Illinois employers must provide this coverage from the first day of employment. TTD benefits are generally about two-thirds of your average weekly wages, subject to state maximums, and they’re typically tax-free
Using personal health insurance instead of workers’ comp can lead to claim denials and legal complications. To ensure you receive full benefits, filing a workers’ compensation claim is vital.
Why is it better to file a workers’ comp claim than use my own insurance?
Under Illinois law, workers’ comp coverage is designed to protect you from the financial burden of workplace injuries. Benefits of a workers’ comp claim include:
- Full Medical Coverage: It covers medical expenses, including all injury-related costs with no deductibles or co-pays.
- Lost Wages: You are eligible for Temporary Total Disability (TTD) benefits to recover a portion of your lost wages while you are unable to work.
- Vocational Rehabilitation: If you are unable to return to your previous role due to your injuries, you may qualify for training or vocational rehabilitation for a new position.
- Settlement Rights: You may be entitled to a permanent disability settlement that personal health insurance does not provide.
Make sure that you know your rights to workers’ comp before filing with your own insurance to avoid missing out on these benefits.
What happens if I have already used my personal insurance for medical treatment?
If you have already used your own insurance before realizing you should file a workers’ compensation claim, you may still be able to receive benefits. To avoid being stuck with medical expenses, you should notify your employer immediately and file a workers’ compensation claim as soon as possible. In many cases, the workers’ comp insurer may later reimburse your health insurance provider, but this often requires legal follow-up.
Can my employer force me to use my own insurance?
No. In Illinois, it’s illegal for an employer to coerce you into using insurance instead of workers’ compensation. Employers are required by law to provide workers’ comp coverage for nearly all employees. If your employer asks you to run it through your own insurance to keep their premiums down, that request may violate Illinois workers’ compensation law and can put your rights at risk.
What if my workers’ comp claim is denied?
If the workers’ comp insurer denies your claim, this is one of the few times you might use your private health insurance to ensure you continue receiving necessary medical treatment. Even in this scenario, a workers’ comp lawyer at Horwitz, Horwitz & Associates can help you fight the denial so that the workers’ comp carrier eventually pays for those costs and reimburses your health insurer.
To learn more, schedule a free consultation today by dialing (800) 985-1819.
