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The
Injured Workers’ Benefit Fund was created in 2005 (820 ILCS
305/4(d)). When the Commission collects penalties and fines from
uninsured employers,
it deposits these monies into the IWBF. The IWBF then pays
workers' compensation benefits to injured employees whose uninsured
employers failed to pay. The first 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, a case must meet all the following criteria: |
| 1. |
The
injured employee’s employer has: |
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a. |
Failed
to provide wc insurance coverage for the employee’s
injury; and
(Please
search the website
for insurance coverage. If
you do not find coverage, submit the Request
to Certify Lack of Insurance Coverage form and allow
four weeks for a response. Remember, the petitioner's attorney
must search for the employer's insurance coverage before naming
the IWBF.)
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| |
b. |
Failed
to pay the wc benefits due and owing to the injured employee
under the final award. |
| 2. |
The
injured employee (or his or her representative) has: |
| |
a. |
Filed
an Application for Adjustment of Claim with the Commission,
naming the employer; |
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b. |
Joined
the State Treasurer as a party respondent on the application
("State Treasurer and ex officio-custodian of the Injured
Workers’ Benefit Fund"), or filed an amended application,
adding the Treasurer, in accordance with Commission Rules
(50 Ill. Adm. Code 7020.20); |
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c.
|
Served
a copy of the application on the Treasurer (Send to Legal Staff,
Illinois State Treasurer, 100 W. Randolph St., #15-600, Chicago,
IL 60601); |
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d. |
Notified
the Treasurer of all proceedings in accordance with Commission
Rules and all other applicable court rules; |
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e. |
Received
a final award granting workers’ compensation benefits
due to the injured employee by the employer (an award is final
when the last appeal period has expired and no appeal was filed);
and |
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f. |
Sent
the Commission the Request for Benefits
form within 90 days after the receipt of a final award
(Send
to Injured Workers’ Benefit Fund, Division of Insurance
Compliance, Illinois Workers’ Compensation Commission,
100 W. Randolph St., #8-200, Chicago, IL 60601).
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The Division of Insurance Compliance will review and respond to
all requests for benefits. Within a reasonable time after the end
of each fiscal year (July 1 - June 30), the Commission will make
a disbursement to each eligible claimant based upon the availability
of monies in the IWBF. If there are insufficient monies in
the IWBF to pay all claims submitted, distribution will be on a
pro rata basis as determined by the Commission. The payment from
the IWBF 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.
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