must meet the deadline of the statute of limitations. The Illinois statute of limitations in workers compensation claims begins to run from the date of the injury or the date of diagnosis of the condition. The Illinois Workers Compensation statute sets the maximum amount of time an injured worker has to file a workers compensation claim in Illinois as three (3) years from the date of injury, or two (2) years from the last date of payment of compensation (TTD benefits or medical bill payment). Special deadlines are established for certain types of conditions. Asbestos exposure is 25 years from last exposure. Pneumoconiosis is 5 years from last exposure or 5 years from last date of payment of compensation. Radiation exposure is 25 years from date of last exposure. Occupational disease is 3 years from date of disablement, or within 2 years of the last date of payment of compensation.
In addition to the statute of limitations,
Illinois workers compensation laws
require notice by the employee to the employer within 45 days of the accidental injury. When filing a claim under Illinois workers compensation statute, the employee should document the name of the person the injury was reported to — it must be the employer or an agent of the employer such as a supervisor or human resource manager. Notice may be orally or in writing. A written notice is preferred. Always retain a copy of your notice or accident report when filing an Illinois workers compensation claim.
Under Illinois workers compensation laws special circumstances and exceptions have been recognized to the statute of limitations.
If you intend to file for benefits in a workers compensation claim in Illinois, you must formally file the claim with the Workers Compensation Commission before the expiration of the statute of limitations. Failure to file the claim in Illinois will preclude you from recovery of workers compensation benefits even if you have a perfectly valid injury at work and claim.
Be aware that the insurance company voluntary payment of benefits, including TTD and medical, is required by the Illinois Workers Compensation Act. Payment of these benefits pursuant to a claim opened by the workers insurance company does not file the claim with the Illinois Workers Compensation Commission within the statute of limitations period. Even if the insurance company voluntarily accepts your workers compensation claim under Illinois law and pays benefits, you still must file your claim pursuant to the statute of limitations period. Failure to formally file the workers compensation application for adjustment of claim before the statute of limitations period expires, will result in you being unable to recover for your injuries, even if you have received benefit and medical bill payments from the insurance company under Illinois workers compensation laws.
Under the new
Illinois Workers Compensation Act, injured workers must file the workers compensation claim before any settlement agreement can be entered. At some point you must formally file the workers compensation claim and definitely before the statute of limitations period expires.
Know your statute of limitations! Timely
filing a workers compensation claim in Illinois
pursuant to the Illinois Compensation Act and Illinois Occupational Disease Act is critical to your claim.
Special circumstances exist in some cases where the statute of limitations might be extended. These are in cases of estoppel. Also for some injuries under repetitive trauma and dates of disablement, the statutes of limitations may begin to run at different dates because there is not a specific time and date of injury.
If you are facing a statute of limitations, it is best to file your Illinois workers compensation claim with the Illinois Workers Compensation Commission. If you have questions about special circumstances, contact
Ron D. Coffel
for a free case evaluation to determine if you still have a viable claim.
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