Joann D’Emilio -
New York Law Firm
JOANN D’EMILIO is an associate attorney with Kommer Bave & Ollman LLP. She is a graduate of Cornell University (B.S. with Distinction) and St. John’s University School of Law (J.D. cum laude). She is admitted to practice in the State of New York, and the United States District Court for the Southern and Eastern Districts of New York. Since 2007, Ms. D’Emilio’s practice has focused on Trusts and Estates, and Elder Law and Special Needs matters. Ms. D’Emilio has lectured on Medicaid law and Probate administration for the National Business Institute. She is a member of the New York State Bar Association Trusts and Estates Section, and Elder Law Section, and a member of the Westchester County Bar Association. She is also a Trustee of the Village of Ardsley, New York.
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Can my trucking injury case be filed in Illinois?
If you have been injured in a truck driving accident, you may be wondering whether your worker’s comp case can be filed in Illinois. For an injured truck driver, this is an important question to ask, as the jurisdiction of the case can end up having a big impact on your benefits.
There are three main scenarios in which the Illinois Worker’s Compensation Commission would have jurisdiction over a trucking injury:
-If the accident took place in Illinois, If the employer is principally located in Illinois, or If the contract for hire is in Illinois
This means that a truck driver whose home terminal is in Illinois can make a claim for workers comp benefits in Illinois even if they were injured while on the road in another State. It also means that truck drivers who get hurt while passing through Illinois can file a claim in Illinois, even if their employer is located in another state.
If you have been injured on the road, and you are unsure where and how to file your workers comp claim, call us at (312)-726-5567 to begin your consultation. We can advise you whether Illinois is the right state to file for you. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.