Application For Adjustment Of Claim

Since 2001, we have been helping injured workers with general legal questions or referrals to the best Illinois work comp lawyer for their case. Please contact us at 312-346-5320 to talk about your claim with a lawyer for FREE. We help injured workers all over Illinois.

An Application for Adjustment of Claim is the formal document used to open a workers’ compensation case with the Illinois Workers’ Compensation Commission. Filing this application is what officially puts your claim into the system and reserves your right to pursue benefits through an arbitrator if problems come up later on. Some injured workers assume a claim only needs to be filed if benefits are denied, but the application serves a much broader purpose.

This is the first thing an attorney does after you hire them. Once they do it, they should give you a file stamped copy that shows your case number.

The application itself is a standardized form used for all Illinois workers’ compensation cases, no matter the type of injury or how severe it is. It’s the same form for every case. Once it is filed, it creates a permanent record of your claim and ensures that the Commission has jurisdiction over any future disputes. There is no filing fee, and applications are filed with the Commission’s main office in Chicago.

Illinois law imposes strict deadlines for filing an Application for Adjustment of Claim. In most cases, the application must be filed within three years of the date of injury or within two years of the last payment of workers’ compensation benefits, whichever is later. Missing this deadline can permanently bar your claim, even if the injury is legitimate and work-related. In other words, by filing this document, you make it so a statute of limitations is never an issue in your case.

After the application is filed, the case is assigned to an arbitrator at a Commission location tied to where the injury occurred. The arbitrator oversees the case and resolves disputes involving medical treatment, temporary disability benefits, or permanent disability. Even if your employer is currently paying benefits, having a claim on file allows you to request a hearing quickly if payments are delayed, reduced, or stopped. That is because your claim will be put on a status call with he Arbitrator every 90 days.  And if there is never a problem and the case settles, it will be the arbitrator who reviews and approves the settlement contract, allowing you to receive a final, lump sum payment.

Filing an application is only one part of protecting a workers’ compensation claim. Injured workers must also notify their employer of the injury within 45 days and seek appropriate medical care. Filing the case soon after your injury also takes away any potential notice defense from the insurance company. Delays in reporting or seeking medical treatment can give an employer or insurance carrier grounds to challenge the claim. Filing early, reporting promptly, and getting medical care all help establish a clear connection between the injury and your job duties.

The bottom line is that filing this form is free, fast, easy and it will protect you in many ways. There are so many consequences you can avoid by having this done correctly. If you would like our guidance as to which lawyer in your area can file this paperwork and do a great job advocating for you on your case, please contact us any time. It is always free, confidential and no commitment.