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The
Injured Workers’ Benefit Fund was created in 2005 (820 ILCS
305/4(d)).
When
the Commission collects penalties and fines from uninsured
employers, it deposits these monies into the IWBF. The
IWBF then pays workers' compensation benefits to injured employees
whose uninsured employers failed to pay.
Since
2006, the Commission has collected over $6 million in fines and brought
over 500 uninsured employers with thousands of workers into compliance.
The Commission has paid $5.5 million in workers' compensation benefits
to 128 injured workers whose uninsured employers failed to pay them.
Without the IWBF, there would be no fund with which to pay
these workers, and they might not have received the benefits they
were due.
| To
be eligible for IWBF payments, a case must meet all the following
criteria: |
| 1. |
The
injured employee’s employer has: |
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a. |
Failed
to provide wc insurance coverage for the employee’s
injury. |
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|
Make
sure you search
the website for insurance coverage
before naming the IWBF as a party.
If
the website does not show the employer's carrier, fax the
Request for Investigation into Employer's
Insurance Coverage (IC42 form) to the IWCC. |
| |
b. |
Failed
to pay the wc benefits due and owing to the injured employee
under the final award. |
| 2. |
The
injured employee (or his or her representative) has: |
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a. |
Filed
an Application for Adjustment of Claim with the Commission,
naming the employer. |
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b. |
Joined
the State Treasurer as a party respondent on the application
("State Treasurer and ex officio-custodian of the Injured
Workers’ Benefit Fund"), or filed an amended application,
adding the Treasurer, in accordance with Commission Rules
(50 Ill. Adm. Code 7020.20). |
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c.
|
Served
a copy of the application on the Treasurer.
(Mail
to Legal Staff, Illinois State Treasurer, 100 W. Randolph
St., #15-600, Chicago, IL 60601.) |
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d. |
Four
weeks before a hearing, faxed the Request
to Certify Lack of Insurance Coverage (IC43 form)
to the IWCC.
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e. |
Notified
the Treasurer of all proceedings in accordance with Commission
Rules and all other applicable court rules. |
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f. |
Received
a final award granting workers’ compensation benefits
due to the injured employee by the employer (an award is final
when the last appeal period has expired and no appeal was filed).
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g. |
Sent
the Commission the Request for Benefits
(IC44 form) within 90 days after the receipt of a final
award. Make sure to complete all fields.
(Mail
the form
to Injured Workers’ Benefit Fund, Division of Insurance
Compliance, Illinois Workers’ Compensation Commission,
100 W. Randolph St., #8-200, Chicago, IL 60601.) |
The Division of Insurance Compliance will review and respond to
all requests for benefits. Within a reasonable time after the end
of each fiscal year (June 30), the Commission will make a disbursement
to each eligible claimant based upon the availability of monies
in the IWBF.
If
there are insufficient monies in the IWBF to pay all claims submitted,
distribution will be on a pro rata basis as determined by the Commission.
The payment from the IWBF to an injured employee discharges the
Fund’s obligations regarding the injured employee’s
final award. This means that the injured employee will receive one
payment from the Fund for the award.
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