Workers’ compensation laws are different in each state. There are some situations in which you can file your claim in more than one state. An experienced lawyer will help you decide which state will be the best state for you to file in. Generally, Illinois provides better benefits and larger settlements than in many other states. As a result, it is often advantageous to file a claim in Illinois.
There are three separate ways to have jurisdiction to file an Illinois workers’ compensation claim. You only have to prove one of the three factors in order to be able to file in Illinois.
The first is if the accident occurred in Illinois. For example a truck driver who is involved in an accident in Illinois has jurisdiction to file an Illinois workers’ compensation claim even if he was just passing through the state when the accident happened.
The second is whether the injured worker’s employment is principally located in Illinois. For example, a construction supervisor who works on the majority of his projects in Illinois but is injured in another state has jurisdiction to file an Illinois Workers’ compensation claim.
The final way to have jurisdiction to file an Illinois Workers’ Compensation claim is if the employee was hired in Illinois. This is true even if the employee never works in Illinois. Rubens and Kress is the law firm that clarified this by winning a unanimous case against United Airlines in the Illinois Supreme Court. For example, in that case, a United Airlines ground crew worker was hired in Illinois but later was transferred to Florida and was injured in Florida. The Illinois Supreme Court ruled that the employee had jurisdiction to file a claim in Illinois since he was hired here.
If you think you may have the right to file an Illinois claim but are not sure, the attorneys at Rubens and Kress will be glad to advise you of your rights. Please do not hesitate to contact us at (312) 201-9640.