Columbus, OH asked in Employment Law and Workers' Compensation for Illinois

Q: Illinois Worker's Comp

If I have a candidate working remotely in Illinois but their base is in Indiana, do I have to add Illinois to my worker's comp insurance or can I just keep Indiana's and be covered?

1 Lawyer Answer
Charles Candiano
Charles Candiano
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: You are using words that are amenable to multiple interpretations. If you mean to say that you have an employee who lives and works in Indiana for your business that is headquartered in Illinois, you need to have Worker's Compensation insurance in Illinois. If a worker sustained a job-related injury, Illinois law permits the injured worker to choose the jurisdiction: where they were hired, where their employer is principally located, or where they are injured. If your employee is injured, they will probably consult an attorney. Any attorney will probably tell your employee that the benefits available under Illinois Worker's Compensation law are most favorable.

You mentioned the option of "keeping" Indiana Worker's Compensation insurance. I don't understand how/why you purchased Indiana Worker's Compensation insurance. The easiest thing to do is to contact the carrier and ask if you will be covered by that policy if your employee chooses to be covered under Illinois Worker's Compensation law. If they tell you that you are covered, it is important that you immediately write or email the carrier confirming their assurance that your employee would be covered if he/she were injured and filed his/her claim with the Illinois Worker's Compensation Commission.

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