Statute of Limitations in Illinois Workers’ Compensation Cases

In Illinois, workers’ compensation is a system of benefits that are paid for injuries that are caused, in whole or in part, by an employee’s work. This may include the aggravation of a pre-existing condition, injuries brought on by the repetitive use of a part of the body, heart attacks, or any other physical problem caused by work. Workers’ compensation operates as a “no-fault” system; meaning benefits are paid regardless of fault.

A claim for a workers’ compensation injury is subject to certain "notice" requirements under the Illinois Workers’ Compensation Act and subject to a statute of limitations period.

According to the Act, you must notify your employer of accidental injury or illness within 45 days of the accident, either orally or in writing. It is important to remember that this type of notice, for the employer or its workers' compensation insurance company, is not considered "filing" of a claim for statute of limitations purposes.

The mere reporting or filling out forms with the employer does not satisfy the statute of limitations obligation. To formally file a work injury claim, an actual "Application for Adjustment of Claim" must be filed. This is usually done by an attorney and is filed at the Illinois Workers’ Compensation Commission.

Generally, the statute of limitations time limit for filing workers’ compensation claims is within 3 years of the injury or disablement from an occupational disease, or within 2 years of the last workers’ compensation payment, whichever is later. The two year rule can be confusing because it can include any payments contributed to by the employer including health insurance. Claims for pneumoconiosis, radiological exposure, asbestos, or similar diseases have special time requirements. Claims that are not brought within the statute of limitations period are barred by the expiration of time and all benefits will be denied.

You may have a work-related injury for a specific trauma where the date of the accident is very straightforward. For example, you slip and fall on water in the hallway on August 23, 2009, causing you to break your leg. You can file anytime before August 23, 2012 and not worry about losing your rights. Of course you might have longer based on the two year rule outlined above.

On the other hand, it is not always so easy to pinpoint a specific accident date for some work injuries, such as daily typing or mopping leading to carpal tunnel syndrome. In cases like this, where the work injury results from repetitive trauma overtime, you have 3 years from the date you knew or should have known that your injury was work related to file your claim.

The bottom line is that if you know you have been hurt on the job you should immediately notify your employer and as soon as possible should formally file your case through an attorney. A failure to do so puts you at risk of having your case barred because of a technicality.

The Illinois Worker's Compensation Act is complicated, making it very important for you to act as promptly as is practical to ensure your rights under the Act. The earlier you contact an attorney the easier it becomes to ensure you get the benefits you have the rights to. If you have any questions about your work-related injury or would like a referral to a qualified and experienced Illinois workers’ compensation attorney, please contact us.