Coverage for Farm Workers: Required (with limitations)
Limitations: The only agricultural employers who must provide workers' comp are those who employ more than 400 working days of agricultural labor per quarter during the previous calendar year (exclusive of the employer's spouse and immediate family residing with him).
Statute: 820 Ill. Comp. Stat. Ann. 305/3(19) (2009)
Coverage for Undocumented Workers: Yes
Case Law: 820 Ill. Comp. Stat. Ann. 305/1(b)(2) (2009) (definition of "employee" includes aliens). Econ. Packing Co. v.Ill. Workers' Comp. Comm'n, 901 N.E.2d 915 (Ill. App. Ct. 2008) (holding that payment of workers' compensation benefits does conflict with the Immigration and Control Act of 1986).
Benefits Available for Undocumented Workers: Undocumented workers are entitled to temporary total disability and permanent total disability benefits. Econ. Packing Co. v.Ill. Workers' Comp. Comm'n, 901 N.E.2d 915 (Ill. App. Ct. 2008). To be eligible for permanent total disability benefits, an undocumented worker must prove that she is unable to find employment without regard to her employment status (e.g., that if she could legally work, she still would not find a job). Id., 901 N.E.2d at 295.