The High-Risk Reality of Roofing in Chicago
Roofing is classified as a high-risk industry in Illinois. Because of this, some smaller contractors or “fly-by-night” operations attempt to cut costs by carrying high-risk workers’ compensation or, worse, letting their coverage lapse entirely.
In Illinois, carrying workers’ compensation insurance is mandatory for almost every employer. If you were injured on a roof and your employer lacks coverage, they are not only liable for your medical bills—they are facing severe state penalties and potential criminal charges.
Your Safety Net: The Illinois Injured Workers’ Benefit Fund
If your employer is truly uninsured, you are not left to pay your own hospital bills. The Illinois Workers’ Compensation Commission (IWCC) maintains a special resource called the Injured Workers’ Benefit Fund.
- What it does: This fund was specifically created to pay workers’ compensation benefits to employees of uninsured businesses.
- What it covers: It functions similarly to standard insurance, providing coverage for medical treatments, surgeries, and salarios perdidos (lost wages).
- The Catch: Accessing this fund requires strict adherence to legal filing deadlines and a formal “Application for Adjustment of Claim” naming both the employer and the Treasurer of the State of Illinois.
Staffing Agencies and PEOs: Who Is Responsible?
Many Chicago roofers are hired through a staffing agency or a Professional Employer Organization (PEO). If the roofing contractor on-site doesn’t have insurance, the responsibility often shifts to the agency that sent you to the job.
Under Illinois law, both the “lending” employer (the agency) and the “borrowing” employer (the roofing contractor) can be held liable. If one doesn’t have insurance, the other must cover the claim. Jack Epstein, with 30 years of experience in the Illinois legal market, knows exactly how to track down which entity is legally required to pay.
Concrete Steps to Protect Your Claim
If you suspect your employer has lapsed workers’ comp insurance, time is of the essence.
- Verify Coverage Immediately: You can check an employer’s insurance status through the IWCC website or have your attorney do it.
- Report the Injury: Even if they don’t have insurance, you must notify the employer within 45 days.
- File a Formal Claim: Do not rely on verbal promises from an uninsured boss to “pay you under the table.” These promises usually disappear when the medical bills get expensive.
- Preserve Evidence: Take photos of the job site and gather contact info for coworkers who saw the accident.
