|
The
Injured Workers’ Benefit Fund was created by the 2005 amendments
to Section 4(d) of the Illinois Workers’ Compensation Act
(820 ILCS 305). When the Commission collects penalties and fines
from uninsured employers, it deposits these monies into the Fund,
which then pays workers’ compensation benefits to injured
employees whose uninsured employers fail to pay.
Payments
totaling $305,000 were made to seven injured workers whose cases
were resolved during FY07. Without this fund, these workers would
not have received the benefits they were due.
| To
be eligible, an injured employee must meet all the following
criteria: |
| 1) |
The
injured employee’s employer has failed to provide workers’
compensation insurance coverage as determined under Section
4(d) of the Act for the employee’s injury. (The injured
employee or his or her representative should always notify the
Commission’s Division of Insurance Compliance as soon
as possible about coverage issues.) Click
here to check an employer's insurance coverage. |
| 2) |
The
injured employee or his or her representative has filed an Application
for Adjustment of Claim with the Illinois Workers’
Compensation Commission, naming the employer, and has joined
the State Treasurer as a party respondent on the Application
in accordance with the Rules Governing Practice Before the
Illinois Workers’ Compensation Commission (50 Ill.
Code Chapter II) by: |
| |
a.
|
Naming
the State Treasurer (State Treasurer and ex officio-custodian
of the Injured Workers’ Benefit Fund) as a party respondent
when the Application for Adjustment of Claim is filed,
and serving a copy of the application on the State Treasurer
in accordance with Commission Rules (50 Ill. Adm. Code 7020.20),
or; |
| |
b. |
Filing
an amended Application for Adjustment of Claim in accordance
with Commission Rules (50 Ill. Adm. Code 7020.20(e)). |
| 3) |
The
injured employee or his or her representative has notified the
State Treasurer of all proceedings in accordance with Commission
Rules and all other applicable court rules. |
| 4) |
The
injured employee has received a final award (the last appeal
period has expired and no appeal was filed) from the IWCC against
the employer and the Injured Workers’ Benefit Fund during
the fiscal year (July 1 through June 30) prior
to the fiscal year in which the injured employee is seeking
benefits from the Injured Workers’ Benefit Fund. The final
award includes workers’ compensation benefits due and
owing to the injured employee by the employer. |
| 5) |
The
injured employee’s employer has failed to pay the benefits
due and owing to the injured employee under the final award
received during the previous fiscal year. |
| 6) |
The
injured employee or his or her representative has notified the
Commission in writing within 90 days after the receipt of a
final award. The form should include
as much information as possible about the claim including: |
| |
a. |
The injured
employee’s name, current address, and telephone number; |
| |
b. |
The employer’s
name, current address, and telephone number; |
| |
c. |
A copy
of the final award; |
| |
d. |
The date
the final award was received by the injured employee; |
| |
e. |
The amount
of workers' compensation benefits paid to the injured employee
by the employer, if any; and |
| |
f. |
The amount
of benefits due and owing under the final award. |
The
notices should be sent to:
ATTN:
Injured Workers’ Benefit Fund Claim
Division
of Insurance Compliance
Illinois Workers’ Compensation Commission
100 W. Randolph St., #8-200
Chicago, IL 60601
The Commission’s Division of Insurance Compliance will review
all claims submitted to the Injured Workers’ Benefit Fund.
All claimants will be notified by the Commission of the status of
their claims. Within a reasonable time after the end of each fiscal
year, the Commission will make a disbursement to each eligible claimant
based upon the availability of monies in the Injured Workers’
Benefit Fund. If there are insufficient monies in the Fund to pay
all claims submitted, distribution will be on a pro rata basis as
determined by the Commission. The payment from the Fund to an injured
employee discharges the Fund’s obligations regarding the injured
employee’s final award. This means that the injured employee
will receive one payment from the Fund for the award.
|
