Illinois workers' compensation statute of limitations: The unknown exception
If you want to bring an Illinois workers' compensation claim you must do it within the later of three years from the accident date or two years from the last payment of compensation related to the claim. Three years from the accident date is pretty clear except when you have a repetitive trauma injury. The last payment of compensation can be trickier.
The exception to this rule that not everyone knows about is that last payment of benefits can also include health insurance so long as it is through the employer where you got hurt. So if your employer has Blue Cross and you get insurance through that, if they have made payments in the last two years toward your work injury then it is likely not too late to file a case.
This also holds true if the workers comp insurance company has paid medical bills or TTD benefits within the last two years.
Of course you can avoid any statute of limitations defense by formally filing an application for adjustment of claim which is the paperwork filed at the Illinois Workers' Compensation Commission to formally notify your employer that you are bringing a case. This is typically the first thing an attorney does for his clients. You don't want to lose the ability to pursue a case because of a technicality.
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.