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Missouri or Illinois, Need Advice
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03-02-2009, 08:49 PM
Post: #1
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Missouri or Illinois, Need Advice
I'm new to WC, got hurt on 6-1-08. I live/work in Illinois but "report" to office in Kansas City MO. The company is world wide with main offices in New Jersey. I recieved paperwork in the mail from Missouri Department of Labor and Industrial Relations concerning my injury. Question is, do I fall under IL law or MO?
The paperwork requests I contact them if I have missed more than 3 days work, had surgery etc. I am not sure what I should do. Thanks in advance. Hurting in IL. |
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03-02-2009, 09:05 PM
(This post was last modified: 03-02-2009 09:07 PM by 1171.)
Post: #2
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RE: Missouri or Illinois, Need Advice
"Does an out-of-state company have to provide Illinois workers’ compensation insurance?
According to Section 1(b)2 of the Act, Illinois law covers * persons whose employment results in injury within Illinois, or * persons whose work is principally localized within Illinois, or * persons whose contract of hire was made in Illinois. That means that if an out-of-state company conducts business with its employees in Illinois, i.e., does any work at all in Illinois, even if all the workers reside in the same state as the company, that company must provide a workers' compensation insurance policy that includes Illinois coverage for those workers. If an employee from an out-of-state company is injured doing work in Illinois, he or she has the right to file a claim in Illinois. Only a workers' compensation insurance policy that includes Illinois on its coverage is legitimate for this purpose. The exemptions explained elsewhere on this page still apply." http://www.iwcc.il.gov/insurance.htm#out So it might depend on where the injury occurred. There maybe dual jurisdiction and you get to choose. sounds like employer chose Missouri you can compare them here http://www.iwcc.il.gov/ http://www.iwcc.il.gov/handbook.htm http://www.dolir.missouri.gov/wc/ It might be easier for you to get treatment and, if necessary,- legal help from Illinois. Contact your employer and tell them you want Illinois benefits and see where it goes. |
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03-02-2009, 10:21 PM
Post: #3
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RE: Missouri or Illinois, Need Advice
we live in Okla my husband worked for Pepsi in ft smith Arkansas just over the state line he drove a route truck in Okla and Arkansas....when he got hurt he was hurt in the state of Arkansas so that was where he had to file his claim....
;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....
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03-03-2009, 12:27 AM
Post: #4
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RE: Missouri or Illinois, Need Advice
Might be a very good time to speak with a WC lawyer and see what they have to say. I would think you would want it covered by IL. That is where you live and work. Good luck with this.
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03-03-2009, 12:52 PM
Post: #5
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RE: Missouri or Illinois, Need Advice
Thanks for the replies, few more questions:
Do you think IL would be better for me? (did the company choose MO for their benefit) How do I get it reported in IL? Having surgery this Thursday to repair SLAP tear in rt shoulder. |
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