Occupations and Persons Not Covered By the Illinois Workers’ Compensation Act

The Illinois Workers’ Compensation Act was enacted in order to create a comprehensive system for providing medical assistance and compensation to persons injured on the job. As such, the term “employee” as used in the Act includes the vast majority of Illinois workers. There are, however, some notable exceptions. 

Independent Contractors

Although independents contractors are not entitled to benefits, determining who is an employee and who is a contractor can, as one court has said, be a “vexing problem”, particularly since many jobs include attributes of each. In general, under Illinois law an independent contractor is a person who is hired to provide a particular service but is not directly managed by the employer/client. Rather than attempting to apply this rather vague definition to specific cases, Illinois courts have developed a list of factors to be considered on a case-by-case basis. Among these are:

• The degree of control exercised by the employer over the work.
• The relationship of the work to the business of the employer
• Method of compensation
• Who provides necessary tools and supplies
• Length of the relationship 

Certain Corporate Officers

Some senior officers of Illinois and foreign corporations may, by notifying the company’s insurance carrier, voluntarily withdraw from the coverage of the Act.

Real Estate Agents

A real estate broker, broker-salesperson, or salesperson, if compensated solely on a commission basis, is not considered an “employee” under the Act.

Volunteers 

Volunteers generally are not covered by the Act. This includes employees who volunteer to perform some task that is not part of his or her duties and is unrelated to the interests of the employer. For example, the court denied benefits under the Act to a student teacher injured while serving as a “volunteer” at a local school, even though the activity was required for her to graduate. An interesting question apparently not yet addressed in Illinois is whether 'employee" includes an intern who is treated as one in virtually all respects other than the fact that he or she is uncompensated. 

The eligibility rules under Workers’ Compensation Act is complex. If you have been injured in the course of your employment in Chicago or elsewhere in Illinois and have been denied benefits, consulting a Chicago workers compensation lawyer can help you determine if you have grounds to appeal.