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К Игорю Громову Smile
Вт, Фев 14, 2006 02:48pm Solntse - 6647 d back

Igor, do you know if workers compensation insurance mandatory? It probably is for employees, but what about independent contractors working on 1099Misc? Is company required to purchase workers compensation insurance in this case?
Вт, Фев 14, 2006 03:48pm Игор Громов - 6647 d back

I know absolutely nothing about worker's comp.
Вт, Фев 14, 2006 03:52pm Solntse - 6647 d back

I see. Thanks, though Smile
Вт, Фев 14, 2006 05:45pm Dervish - 6647 d back

Naskolko ya znayu, dlya 1099(indep.contr.) kompaniya pokyupatь ne obyazana.
Ср, Фев 15, 2006 09:55am Solntse - 6647 d back

Dervish, kak uznat' tochno?
Ср, Фев 15, 2006 10:03am гражданка - 6647 d back

у нас необязательно, у вас не знаю
Ср, Фев 15, 2006 10:13am гражданка - 6647 d back

ARE YOU COVERED IF YOU ARE HURT AT WORK? On-the-job injuries can be devastating if your employer is not operating under the Illinois Workers' Compensation Act. Be aware of the following to make certain you are covered. Three types of employers are "under the Act:" (1) government employers; (2) employers who elect to bring themselves under the Act; and (3) employers who are subject to "automatic application" of the Act.

GOVERNMENT EMPLOYERS Virtually every governmental body within this state is under the Act, including the State of Illinois itself. If you are employed by the State of Illinois, or by any Illinois county, city, town, township, incorporated village, school district or body politic within this state, your employer is under the Act.

ELECTING COVERAGE Any other employer can elect to be under the Act either by purchasing insurance or by becoming certified by the State of Illinois as a self-insurer. Most employers doing business in Illinois have elected to be under the Act in one of these two ways.

AUTOMATIC APPLICATION An employer who has not elected to be under the Act may still be responsible for payment of workers' compensation benefits if the employer's business is defined as "extrahazardous." At one time, only the most dangerous work, such as construction, excavation, electrical work and mining, was legally considered "extrahazardous." But over the years, our legislature expanded its list of extrahazardous jobs, and it is now easier to list the types of employers who are not automatically under the Act than to name those who are. Nowadays, the only employers clearly not under the Act are small family farms, household employers of part-time domestics, and sole proprietors and partners who exempt themselves from coverage.

Employers who are neither insured nor certified as self-insurers may prove to be small, "mom and pop" operations that are financially unable to pay benefits. A deadbeat employer can be fined up to $500.00 per day for each day it fails to purchase insurance, but the injured worker receives no part of that fine. And while most union collective bargaining agreements require the employer to purchase workers' compensation insurance, it is rarely possible to prevent an insurance carrier from canceling a policy where the employer fails to pay its premiums.

Fortunately, injured workers in Illinois enjoy a measure of protection in some cases against uninsured employers. One safety valve applies to businesses engaged in construction, excavation, electrical work or structural work. If a general contractor engaged in one of those activities hires an uninsured subcontractor to do the work, the general contractor must pay workers' compensation benefits to the injured employees of that uninsured subcontractor.

A second remedy for workers whose employers lack insurance applies to "loaned employees." When a worker is injured while on loan from one employer to another, the claim for workers' compensation may be filed against either or both employers.

If you become employed at a new job, it is critically important to know that your employer is "under the Act." Find out the identity of your employer's workers' compensation insurance carrier or claims service representative. Only then can you be assured of protection by our workers' compensation laws and avoid being financially devastated by a catastrophic work injury.
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