January 2013

By: Anthony J. Caruso, Esq.

The Illinois Workers’ Compensation Act requires Illinois employers to obtain workers’ compensation insurance. Under the law, a failure to obtain insurance subjects the company and its individual owners to potential civil and criminal liability under the law.

Recently, a Cook County Grand Jury returned Class 4 felony indictments against three Chicagoland employers for failing to obtain workers’ compensation insurance. Class 4 penalties are 1-3 years in penitentiary and/or fines up to $25,000.

In addition, since the legislature authorized the Illinois Workers’ Compensation Commission to issue citations to uninsured employers, the Commission has collected over $100,000 from 199 uninsured employers and brought over 1,000 employees under the coverage of the Act.

Our law firm is here to consult with your Company on workers’ compensation and how to comply with the law as to insurance coverage. It is important to protect your Company and its individual owners from civil penalties and criminal liability.

Companies that receive a notice of non-compliance from the Illinois Workers’ Compensation Commission should immediately contact Anthony J. Caruso of Wessels Sherman’s St. Charles, Illinois office at (630) 377-1554. They should not say even one word to the Illinois Workers’ Compensation Commission before consulting with Attorney Caruso. There needs to be a thorough discussion of the Company’s position and potential liability before the Company interacts with the Commission. Our law firm has had great success in negotiating substantial reductions in penalties assessed because of non-compliance.

If you have any questions or concerns about this topic or any other questions related to workers’ compensation, please call attorney Anthony J. Caruso of Wessels Sherman’s St. Charles, Illinois office at (630) 377-1554 or e-mail ancaruso@wesselssherman.com.