Is there a time limit for filing a workers’ compensation claim in Illinois?
Regardless of the nature of your job, you are entitled to a reasonably safe work environment. While some jobs come with inherent risks such as operating dangerous machinery, a number of steps can be taken to minimize the risk of an injury in the workplace. If you have sustained an injury while at work, you may be eligible for a workers’ compensation claim.
Most states define workplace injuries as any injury that happens in the course of employment — but there are some definite rules on how you need to go about making a claim.
What is the statute of limitations for workplace injury compensation in Illinois?
As provided for in Illinois Worker’s Compensation Act, an injured employee has three years effective the date of the injury or the start of your disability from an occupational disease to file a claim.
There is a specific exception to Illinois’ three-year statute of limitations for filing your workplace injury claim. If you received the benefits for your injury that qualifies as “compensation” under the act, then you have two years effective the last date of receiving benefits payment to file an Application for Claim Adjustment.
It’s also worth noting that you must notify your employer as soon as possible after you are injured or discover your illness — although you do have a maximum of 45 days to provide your employer with that notice. Any delay in notification, however, could also lead to a delay in your claim.
What if your workers’ compensation claim isn’t going well?
Worker’s compensation laws are relatively complex, and claims don’t always get processed as they should. Understanding procedural requirements like the statute of limitations can mean the difference between receiving the compensation you deserve for your injuries and having your claim denied.