Is an employee injured in an accident caused by a sudden syncopal episode -- i.e., a loss of consciousness caused by insufficient blood flow to the brain -- entitled to workers' compensation benefits?
When a worker in Illinois is injured on the job, he or she often is eligible to file for workers’ compensation benefits. State law in Illinois requires most employers to provide such coverage for their eligible employees. But as we explored in a recent article, the reality is that sadly some employers’ flout the law. Whether they allow coverage to lapse, never obtained coverage, or simply fail to pay awarded benefits, injured workers are the ones who suffer the most. Such workers, however, may not be without justice or options. As discussed in a previous article, employers in violation of the law may be fined and even jailed for failure to provide coverage. More importantly, such employers make themselves vulnerable to expensive lawsuits. While the Workers’ Compensation Act sheilds employers in most cases from lawsuits by injured workers, noncompliance may negate this protection. As such, employees may be able to seek a far greater amount for their injuries than would otherwise have been paid out by workers’ compensation coverage. Another possible option for workers without coverage, and the subject of this article, is the Illinois’ Injured Workers’ Benefit Fund.
For a worker, a job-related injury often makes them aware of how little they know about their rights. Not until they are hurt do many employees realize that what they’ve assumed about their benefits may not be entirely accurate. It’s often a shock to find that coverage and care for their injuries is hard to achieve, limited in scope, and at times, nonexistent. There are many aspects to the workers’ compensation system with which all employees should familiarize themselves. However, the most essential is this: does your employer carry workers’ compensation insurance? For Illinois workers, the good news is that most employers are required by law to carry some form of workers’ compensation insurance. Very few exemptions exist for employers to not provide their employees with coverage. But the truth remains, not all business owners comply with the law. It’s distressing for an employee who is injured on the job to find out too late that their employer has failed to obtain or maintain their coverage. Fortunately, the Illinois Workers’ Compensation Commission provides guidance and assistance for workers whose employers are in noncompliance.