Illinois: Recovery from benefit fund requires other proof of no insurance
Proof of non-insurance is required for a worker to recover from the injured workers' benefit fund. Neither the statute nor rules specify what evidence is acceptable to establish a lack of insurance. As examples for alternative means for obtaining evidence of non-insurance, the commission suggested an affidavit attesting that a search revealed no insurance on the date of the accident, testimony that there was no insurance on the date of the accident, and documents responsive to a subpoena issued to the National Council on Compensation Insurance. Those with questions should contact the legal department of the commission or the chairman's office. For a copy of the memorandum, visit www.iwcc.il.gov/iwbfmemo.pdf.
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February 25, 2013
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