Most people who get injured at their workplace don’t know that their ability to receive benefits is bound by the Illinois statute of limitations for workers' compensation claims. The statute of limitations is basically a deadline before which a claim needs to be filed. If the injured party fails to file a claim before the deadline mentioned in the statute, then they will not be entitled to receive the benefits.
The Statute of Limitations For Workers' Compensation Claims
In Illinois, there are two deadlines that injured employees need to meet in order to maintain their eligibility for worker's compensation benefits. The first deadline is for the reporting of the injury and the second one for filing a claim for benefits.
1. Deadline to Report the Injury
According to Illinois law, all injured workers who want to file a worker’s comp claim have to report their injury to their employer within 45 days of the accident. However, it's not advised to wait out the entire 45-day period and you should ideally report your injury within an hour of it happening.
On the other hand, if you’re suffering from an occupational illness instead of a job-related injury, the 45-day deadline doesn’t apply. In this case, you need to inform your employer about your condition as soon as you become aware of it.
2. Deadline to File A Claim
Reporting your illness or injury is not the same as filing a claim for worker's compensation benefits. After you report your injury or illness, you will have to file an Application for Adjustment of Claim through the Illinois Workers' Compensation Commission.
As per Illinois law, you can file a worker’s compensation claim up to 3 years from the date you got injured or ill. So, if you got injured at your workplace on January 1, 2020, you have until January 1, 2023, to file a claim.
If you have any questions regarding the time limit for filing a claim or if you need help with filing a claim, get in touch with The Law Offices of Robert T. Edens. Never assume that you’re late in filing a claim for your injury, or that you aren’t entitled to benefits, even if your employer or the insurance company tells you so. To contact us, dial (847) 395-2200.
See more on our Illinois Workers' Compensation FAQs page.
