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Statute of Limitations
November 2, 2022
What is a statute of limitations?
In short, a statute of limitations is a law which establishes a maximum amount of time by which parties to a legal controversy have to formally start the legal proceeding by filing the legal papers with the Court. Statutes of limitations exist in both civil and criminal cases. Statutes of limitations time periods vary depending on the nature of the legal action. Every state sets its own statute of limitations period by statute. For workers compensation claims, filed under the Illinois Workers Compensation statute, the general rule is that any claim must be filed within the maximum time limit of three (3) years from the date of injury, or within (2) years of the last date of payment of compensation, whichever is later. What this means is that if compensation benefits are paid after a period of one year, the statute of limitations in the Illinois Workers Compensation Act
may be after three (3) years. Exceptions to the general statute of limitations exist where the limitation period may be extended beyond 3 years. Take for example, a rotator cuff workers compensation injury where the injured worker received payment of interim benefits after the 3 year limitation. Payment of TTD or a medical bill under the Workers Compensation Act Illinois, will extend the limitation period to two years from the date of payment of that compensation. Note that exceptions to the general statute of limitations under the Illinois Workers Compensation Act exist. Take for another example, rotator cuff settlement offers made to the employer after the 3 year period. A settlement offer made after the statute of limitations period expires, extends the statute of limitations period. Take as another example, lumbar and cervical spine fusion workers compensation payment of a medical bill or TTD benefits made after one year from the date of injury. Payment of a medical bill or TTD benefit, made after one year from the date of injury, will extend the statute of limitations beyond 3 years. If the workers compensation insurance carrier paid TTD or medical bills 5 years after the lumbar or cervical spine fusion injury, then the statute of limitations would be 7 years after the accident which is 2 years after the date of payment of compensation.
KNOW THE STATUTE OF LIMITATIONS! Failure to file your claim with the Illinois Workers Compensation Commission
may preclude you from recovering for your work related injury even if you have a perfectly valid claim. Voluntary payment of benefits by the Illinois workers compensation
insurance carrier may not extend the statute of limitations beyond three years.
The statute of limitations under the Illinois Workers Compensation Statute, provide different limitations periods for specific conditions. Asbestos exposure (25 years); Death (3 years of the date of death, or 2 years from last date of payment of compensation); radiation exposure (25 years from date of last exposure); pneumoconioses (5 years from date of last exposure or 5 years from date of last payment of compensation).
Special rules may apply to Illinois workers compensation settlements
under the Workers Compensation Act. Under the Illinois Worjers Compensation Statute, the payment of certain types of benefits may continue after the settlement contract is entered. There are special rules that apply to ongoing payment of medical bills and TTD benefits after a settlement contract is entered. You may be entitled to receive additional treatment or payment of TTD and medical, hospital or surgical care.
KNOW THE DIFFERENCE BETWEEN OPENING A CLAIM WITH THE INSURANCE COMPANY VERSUS FILING A CLAIM THAT MEETS THE STATUTE OF LIMITATIONS! Most workers will receive voluntary payment of TTD and medical benefits from the employer's insurance company. The carrier opens a claim under the employers insurance policy. Voluntary payments under an insurance claim does not meet the filing deadline. Be aware that the insurance company does not file your claim with the Illinois Workers Compensation Commission. You must still formally file your claim with the Commission before the applicable statute of limitations period expires.
Failure to timely file your workers compensation claim
pursuant to the Illinois Workers Compensation Act
with the Illinois Workers Compensation Commission may result in you being unable to collect for your injuries even if you have a perfectly valid claim.
If you have any questions about the statute of limitations in your case, Ron D. Coffel
has been handling workers compensation claims
in southern and central Illinois for 34 years and offers a free case evaluation.
The injured worker or the best repetitive trauma lawyers may file a repetitive trauma claim for cumulative trauma disorders in Illinois.
Ron D. Coffel has been a recipient of the Leading Personal Injury award nominated by other lawyers every year since 2016.
Consult an experienced Illinois Workers Compensation law firm if you have questions about workers compensation claim, act, commission, fraud statute, attorney and more in Illinois
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.
Filing Workers Compensation claims pursuant to the Illinois Workers Compensation Act must meet the deadline of the statute of limitations.
Ron D. Coffel has represented workers with occupational disease claims for nearly 35 years. He is among the highest rated and leading Illinois occupational disease lawyers.
Section 12 of the Illinois Workers Compensation Act specifically allows the insurance company to have you examined by the company doctor.
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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