How Long Do I Have To File My Workers’ Compensation Claim In Illinois?

While the Illinois Workers Compensation Act provides injured workers with important protections, there are strict rules that injured workers must adhere to recover benefits. One of the rules you must adhere to after suffering a work-related injury in Illinois in order to recover workers’ compensation benefits is the statute of limitations. This is a statute that limits how much time you have to file your claim.

So, how long do you have to file a workers’ compensation in Illinois? In Illinois, you generally have three years from the date of your injury to file a workers’ compensation claim. So, if, for example, you suffered a work-related injury in 2021, you have until 2024 to file your workers’ compensation claim.

When Should You File Your Illinois Workers’ Compensation Claim?

If you recently suffered an injury in Illinois while on the job, you might be feeling relieved because you have three years to file your workers’ compensation claim. However, it is advisable that you do not wait to file your claim. It is best that you file your Illinois worker’s compensation claim as soon as possible. The sooner you file, the better.

Several benefits come with filing an Illinois workers’ compensation without delay. For example, if you file your claim promptly without delay, you can prevent evidence from getting lost or altered. For example, you can prevent your employer from destroying surveillance footage that shows you suffered your injury while on the job. Also, by not waiting too long to file your workers’ compensation claim, you can ensure that witnesses who saw what happened to you provide their testimonies when their memories are still fresh. The human brain is prone to forgetting. Witnesses might forget crucial details if you wait to file your worker’s compensation claim.

Other Deadlines Injured Employees Should Know About

In Illinois, there are other deadlines injured employees need to know about that could impact their claim and the compensation they receive. For example, injured employees in Illinois should know that they only have 45 days of an accident to notify their employer of their injury. If an injured employee fails to notify their employer of their injury within 45 days, they may lose their right to file a workers’ compensation claim and recover compensation.

In Illinois, you can give an employer an oral or written notice after suffering a work-related injury. However, it is advisable that you give your employer written notice. Giving an oral notice can come back to bite you if a dispute between you and your employer arises down the road. Often, employers will ask to complete a form referred to as “Form 45.” According to Illinois law, if an injured worker fills this form, their employer is required to submit it to the Workers’ Compensation Commission if the employee misses three or more days of work.

Contact a Chicago Workers’ Compensation Lawyer

If you suffered a work-related injury in Illinois and want to speak to a workers’ compensation lawyer, contact our Chicago workers’ compensation lawyer at Connolly Injury Law at (312)-780-0816.

Source:

illinois.gov/sites/iwcc/Documents/ic45FORM.pdf