Branson, MO asked in Workers' Compensation for Illinois

Q: Does the employer get penalized etc. for not reporting accidents. Thanks

Family member of a family business has been injured many times over the years. ( 2 foot operations, for the operations hip surgery to name a few. They were never turned in to work comp. Now that same person is having to have knee replacement and other procedures because of those accidents. Who’s responsible? Does the “family business” get in trouble, is it up to the family employee to handle? Or does your work comp insurance help in anyway

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1 Lawyer Answer

A: I'm not sure what you mean when you say the injuries "were never turned in to work comp."

Do you mean a workers' compensation claim was never filed with the Illinois Workers' Compensation Commission? Doing that is the responsibility of the injured employee.

Do you mean the employer never notified its workers' compensation insurance company? If they had insurance and didn't do this they may have trouble with their insurance company. If they didn't have workers' compensation insurance and needed to have it (nearly every employer other than certain small family farming operations needs to have comp insurance), the employer is in violation of the law and can be punished.

Do you mean the employer failed to file a notice of a lost time injury with the government? There may be penalties for this.

The injured employee needs to talk to a competent workers' compensation lawyer ASAP.

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