How long do I have to file a workers’ compensation claim in Illinois?

Generally, if you’re injured on the job, you must file a claim for benefits under the Illinois Workers’ Compensation Act within three years of the date of the injury (or within two years of the last payment of benefits, whichever is later). 

For instance, if you are injured today, you will have until three years from today’s date to file a claim.  However, let’s say your employer’s insurance company pays benefits for two years after your accident and then discontinues your benefits for whatever reason. In this situation, you have two years to file a workers’ comp claim from when benefits are terminated.

45 Days to Notify Your Employer of Your Work Injury

However, there is a much shorter time limit that you need to be aware of if you are hurt on the job.  Under the Workers’ Compensation Act, an employee must notify their employer of an injury within 45 days of the accident.  If notice is not provided within 45 days, the employee may lose the right to workers’ compensation benefits.

This notice may be oral, but written notice is best, particularly if a dispute arises down the road.  So, even if the injury does not appear to be serious at first, you should report the date and location of your accident to your supervisor or foreman and ask to fill out an accident report.

You should also document each body part that was injured in the accident to the extent possible  Keep in mind that notice to a co-worker or fellow employee is not proper notice under the Act.  You must report your injury to someone in charge. 

What is a Form 45?

Many times, you will be asked to complete a “Form 45: Employer’s First Report of Injury.”  Under the Workers’ Compensation Act, an employer is required to submit a completed Form 45 to the Workers’ Compensation Commission to report any accident that causes an employee to miss three or more days of work.  Form 45 is provided by the Commission to assist employers in complying with this reporting requirement. 

What should I do if I get hurt at work?

There’s no administrative fee to file a claim in the Illinois Workers’ Compensation Commission, and most workers’ compensation attorneys work on a contingent fee basis, meaning they do not get paid if you do not recover. 

So, most of the time, there is no downside to immediately reporting your accident and filing your claim as quickly as possible after an injury. 

If you are hurt at work, you should:

1. Notify your supervisor, foreman, or another superior of the date and location of your injury and ask to complete an accident report.
2. Seek prompt medical treatment to ensure your injuries are appropriately documented and treated.  Your first priority should be to address your medical condition, but immediate medical treatment will also help to ensure maximum recovery of the benefits you are entitled to.  
3. Retain an experienced attorney that specializes in workers’ compensation to ensure your rights are protected. Your employer and its insurance company have teams of attorneys and professionals representing their interests whether or not you retain an attorney, and they are not required to advise you of your rights under the Act.

Injured on the job? Contact us today.

If you were injured on the job or have questions about workers’ compensation, our Chicago attorneys are ready to help. Contact us today for a free case review. Call us 24/7 at (312) 578-9501 or fill out the form at the bottom of the page to get started.