The Application for Adjustment of Claim is the official paperwork that you file with the Illinois Workers’ Compensation Commission in order to begin your claim and is typically prepared by a lawyer. The application is a form, and it is the same for every type of injury. The deadline for filing your claim is three years from the date of your injury or two years from the date you last received benefits, whichever is later. If you miss the deadline, you may not have another chance.
Claims are filed with the Chicago office, which is the main office of the commission. There is no filing fee. Next, your claim will be assigned to an arbitrator at a specific location, which is based on where the injury occurred (not necessarily where you live). Every case, regardless of the facts, is assigned to an arbitrator who will make decisions on your claim if there are any disputes.
Some people don’t file a claim because they begin receiving benefits right away and think they don’t need to bother. You should file a claim anyway. If there is a dispute down the road, having a claim on file will speed things up. If you stop getting benefits for no reason (it happens), then you can ask an arbitrator for a hearing without first waiting for your claim to go through.
Although we recommend filing your application right away, it’s not the only step you need to take. You also need to notify your employer of your injury within 45 days. So tell your supervisor, and put it in writing, as soon as you can. Also, you should get the medical treatment you need. Both of these steps – notifying your employer and seeing a doctor – are key in protecting your claim. If you delay too long or skip these steps altogether, your claim can be denied. The sooner you get things rolling the easier it is to prove that your injury was caused by your job and not some outside activity.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.