How Long Do I Have To File Workers’ Comp Claim?

Being hurt on the job is upsetting and stressful, but most injured employees in Illinois can qualify for workers’ compensation. However, it is essential to follow all filing rules and deadlines, including the statute of limitations. Learn more in this blog post about workers’ comp, and then our Lake County workers’ compensation lawyers at The Law Offices of Robert T. Edens, P.C., can answer your questions.

Illinois Workers’ Compensation Overview

State law in Illinois requires most employers to have workers’ compensation insurance, even if they have only one employee. If you are hurt or suffer an illness from work in Illinois, you are probably eligible for benefits to cover medical costs, lost earnings, and ongoing medical care. For instance, if you cut your hand working in a butcher shop, workers’ comp should cover your medical bills and part of your lost earnings during your recovery.

When you are injured at work in Illinois, you should report it to your employer within 45 days. Your company must report the injury to their workers’ comp insurance company. Also, if you are unable to work for more than three days, your company must do the following:

• Keep paying you, even if the claim still needs to be made with their insurance provider.
• Give a written explanation about any additional information or documentation required for the workers’ compensation claim.
• If the claim is denied, you must be given a written explanation.

Illinois Temporary Disability Benefits

You could be eligible for temporary total disability benefits if you cannot work as you recover from your job-related injury. You also may be eligible for total temporary disability (TTD) if your company cannot provide light-duty, alternative work during your recovery. These benefits kick in once you have missed three days of work, but they will be paid until your physician says you have reached maximum medical improvement (MMI).

The benefits should be 2/3 of your average weekly wage before you were hurt, up to a maximum wage that changes every 180 days. For instance, the maximum in early 2020 was approximately $1,549.00. If you can return to part-time or light-duty work during your recovery, you can receive temporary partial disability (TPD). You would receive t/w of the difference between the wage you would receive in your pre-injury job and your current earnings.

What Is The Illinois Statute Of Limitations To File A Workers’ Comp Claim?

The Illinois Workers’ Compensation Act states that you have three years from the date of injury to file a benefits claim. Filing a claim means filing an Application for Adjustment of Claim with the state’s Workers’ Compensation Commission. However, it is best to file your workers’ compensation claim as soon as you can. If you are unsure if you qualify for benefits, please contact a workers’ compensation attorney.

Contact Our Lake County Workers’ Compensation Lawyers Now

If you were hurt on the job in Illinois, you may be entitled to workers’ compensation. But without an attorney handling your claim, you could get fewer benefits than you deserve. Contact our Lake County workers’ compensation lawyers at The Law Offices of Robert T. Edens, P.C., for help with your case at (847) 395-2200.