Are there any age or employment restrictions on filing a workers' compensation claim?

In Illinois, there are certain age and employment restrictions on filing a workers’ compensation claim. Generally, people must be 18 years of age or older in order to file a claim. If an employee is under 18, their parent or guardian may be able to pursue compensation for the employee in their capacity as an “authorized representative.” Additionally, an employee must be legally employed in order to file a workers’ compensation claim in Illinois. This means that employees must be hired by a legitimate employer who carries the necessary workers’ compensation insurance. Employees who are classified as independent contractors and are not considered “regular” employees are not eligible to file a claim in Illinois. In some cases, individuals who are not considered “regular” employees may be able to pursue compensation through other forms of civil litigation. For instance, if an individual sustains a work-related injury as a result of the negligence of a third party, they may be able to pursue a personal injury claim against the responsible party. Overall, individuals who are 18 years of age or older and are employed in a legitimate capacity may be able to pursue a workers’ compensation claim in Illinois. However, those who are younger than 18 or who are classified as independent contractors may not be eligible for workers’ compensation. In these cases, individuals may be able to pursue other forms of legal action.

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