Injured workers don’t always run to their employer to report an accident. If it was a careless mistake, you might feel embarrassed, or fear that your employer will fire you for making the mistake. Maybe your employer has a reputation of treating injured employees poorly and you would rather suck it up in order to stay on their good side.
These are valid concerns. The reality is that keeping your job might be your top priority. We get that, but ignoring an injury at work worries us, because we have seen people miss their opportunity for benefits and end up out of luck when the injury worsens years later.
In Illinois, the law says that you have 45 days to notify your employer. If you miss the deadline, you’re not necessarily out of luck, but it gives your employer and the insurance company a reason to deny your claim. The point is to notify your employer as soon as possible – it can help you avoid a dispute and get your benefits started sooner.
Notifying your employer is just the first step; you also have to file a claim with the Illinois Workers’ Compensation Commission. The deadline for this is two years from the date of injury or two years from the last payment of benefits. For injuries that develop over time, such as repetitive stress injuries, the deadline is two years from when you realize you are injured and that work is the cause. This is common not only with repetitive stress injuries but exposure to toxic fumes or materials. Asbestos illnesses can show up decades after exposure. You have more than two years from the date of exposure in these instances, but there is still a time limit, so delay can hurt your case.
We’re not trying to make you paranoid. There are times when an injury really isn’t that bad, and a claim would not be beneficial. Just be aware of how you’re feeling and don’t skip that trip to the doctor if it’s warranted.
We are workers’ compensation attorneys who 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.
