970 McHenry Avenue, Crystal Lake, IL 60014
Botto Gilbert Lancaster, PC

Call Today for Your FREE Consultation

Call Us800-338-3833 | 815-338-3838

Facebook Twitter LinkedIn

What Are the Deadlines for Workers’ Compensation Claims in Illinois?

Posted on in Workers' Compensation

McHenry County workers' compensation lawyerPeople go to work to earn an income to support themselves and their families. No one should ever become injured while on the job, but it happens every day in Illinois. When it does, injured workers have the right to file a workers’ compensation claim that can help them recover their medical expenses and a portion of their lost income.

However, these claims have strict deadlines, and when those are not met, a person’s chances of obtaining compensation may be in jeopardy. Our workers’ compensation lawyers are here to help you through the process and ensure that your claim is filed properly and on time.

Deadlines for Notifying Your Employer

After being hurt on the job, you must notify your employer within 45 days of the accident that caused your injury. If you do not notify your employer within this time, you may forfeit the right to claim any compensation. When reporting the injury to your employer, you can tell them orally, but providing written notice is always best, as it can prove that you did meet this deadline. Sometimes, employers will dispute an employee’s claim, and they may use your lack of notice as a reason to deny you benefits, so it is important to have evidence of the notification.

It is important to report accidents and injuries even if they do not seem serious at first. Some injuries, such as head injuries, do not always present symptoms right away, and if you wait too long to provide notice, you may lose your right to any benefits.

When providing notice, your employer may ask you to fill out Form 45: Employer’s First Report of Injury. Employers are required to submit this form when reporting an accident that results in an employee missing three or more days of work.

Deadlines for Filing an Illinois Workers' Compensation Claim

If you have a dispute with your employer regarding your workers’ compensation benefits, you may choose to file a claim with the Illinois Workers’ Compensation Commission. The deadline for doing so is three years from the date of your accident, or two years from the last date of benefits paid, whichever is later. For example, if you were injured today at work, you would have three years to file your claim. However, if you were hurt two years ago and your employer’s insurer paid benefits for two years before stopping benefits, you have two years from the date your payments were terminated to file your claim.

While two or three years sounds like a long time, it is important to speak to a workers’ compensation lawyer as soon as possible if you need to resolve a dispute. An attorney can help you take the appropriate legal actions and start working toward resolving your dispute while evidence is more readily available and there is still plenty of time to file a claim.

Contact a McHenry County Workers’ Comp Lawyer

If you have been hurt on the job, you do not have to handle your claim on your own. At Botto Gilbert Lancaster, PC, our dedicated Crystal Lake workers’ compensation attorneys will ensure your claim is filed on time so that you have the best chance of recovering the benefits you need. Contact us today at 815-338-3838 to schedule a free consultation.

 

Source:

https://www2.illinois.gov/sites/iwcc/Documents/handbook.pdf

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
Back to Top