Illinois: No Jurisdiction Where Last Act of Forming Employment Contract was in Indiana

An Illinois county circuit court erred when it confirmed an award of workers’ compensation benefits for an Illinois resident who sustained injuries at her employer’s worksite in Indiana and who completed her employment application in Indiana after reporting to the employer for duty. In a decision not designated for publication, the Illinois appellate court stressed that since the last act necessary to form the contract of employment took place outside Illinois, as did the injury, the Illinois Commission had no jurisdiction over the claim. The claimant had admitted in her testimony that under the terms of the International Brotherhood of Electrical Workers “inside labor agreement,” which covered her employment, the Indiana employer could reject her application even after she had reported for duty.

Thomas A. Robinson, J.D., the co-Editor-in-Chief and Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Skanska v. Illinois Workers’ Comp. Comm’n, 2021 IL App (4th) 210003WC-U, 2021 Ill. App. Unpub. LEXIS 1583 (Sept. 21, 2021)

See generally Larson’s Workers’ Compensation Law, § 143.03.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see

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