How long does an Employee have to file a Workers Compensation claim in Illinois?
7066931124 • November 5, 2022
Filing Workers Compensation Claim Illinois
Filing Workers Compensation claims
pursuant to the Illinois Workers Compensation Act
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.
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.

For a disease to be recognized as an occupational disease under the Illinois Occupational Disease Act , the connection of the disease to the workplace is proved by establishing a link between the exposure to the alleged disease causing substance and the work activities of the contracted worker. The best Illinois workers compensation and occupational disease lawyers will know that there is a higher incidence or frequency of disease contraction and disorders in certain occupations. The disease or illness, in higher incident type employments are considered “germane” to certain types of workers in this occupations. What follows is a list of some occupational diseases; Coal workers pneumoconiosis . This obstructive lung disease is coming among underground coal miners who are exposed to dusty conditions in the coal mines. Meat cutters tendon disorders . These are common upon meat cutters who must us various joint postures in cutting meat. Electricians tendon disorders, nerve entrapments, trigger fingers, joint dysfunction, and asbestos exposures. Pipe fitters and industrial plumbers, tendon disorders, asbestos exposures, and chemical exposures to compounds and glue substances. Firefighters, EMT, and first responders : post traumatic stress disorders, infectious disease exposures from emergency treatment. Hearing loss and tinnitus is common among factory workers and among workers who are exposed at work to loud noise of sufficient level and duration. In 2010, a new rare disease of bronchialitis obliterates (cement lung) was recognized as an occupation disease among workers who inhaled fumes of popcorn butter flavoring. Asbestos exposure is a known cause of lung diseases. Chemical exposures are a known cause of asthma and lung diseases and skin diseases such as dermatitis. Cancer and other lung diseases are common in workers exposed to asbestos. There is no specific limitation on what diagnosed disease constitutes an occupational disease under Illinois law. If you have contracted a disease and suspect it may have been caused by exposures at work, then follow the steps in our section “What to do if you contract an occupational disease.” Ron D Coffel is a peer reviewed workers compensation lawyer that has been awarded the distinction of leading lawyer that regularly handles Illinois workers compensation and occupational disease claims in Illinois.

Generally, the employee must file a workers compensation claim within 3 years after the injury, death or disablement, or within 2 years of the last payment of temporary total disability of a medical bill, whichever is later. In the event of minority, the statute does not start until the minor reaches the age of 18. A disability may toll the statute to extent it beyond these dates. The Illinois Administrative Code establishes different deadlines for some specific conditions. Asbestos exposure must be filed within 25 years of the last date of exposure. If the injury is fatal, the employee's representative must file within three years of the death, or within two years of the last date of payment of compensation.

The Workers Compensation Act requires the employer to pay for all medical care that is causally related to the injury that resulted in the claim, including: Any care that is required to diagnose, relieve, or cure the effects of the injury; Any first aid, and/or emergency treatment required as a result of the injury to the employee; All medical, surgical, and hospital expenses that are incurred by the employee in the course of curing or relieving the employee of the effects of the injury; Any treatment, instruction, or training required to rehabilitate the injured employee physically, mentally, or vocationally, including maintenance costs and incidental expenses.

Temporary total disability is the period of time beginning with the injury and ending when the employee reaches maximum medical improvement (MMI). MMI occurs when the employee is as far recovered or restored to his or her previous condition as the injury will allow. You are entitled to payment of TTD for the duration of the temporary total disability.
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