Workers’ compensation law in Illinois is considered fairly favorable to injured workers, especially when compared to the laws in other states. However, your right to benefits under our state’s system does not remain open indefinitely.
The statute of limitations on filing a claim for workers’ comp is three years from the date you were injured. This is the deadline. If you don’t file by this time, your claim can be denied and you might not get a second chance.
There are a few exceptions and special circumstances. If you have received benefits already, your deadline is two years from the date of the last benefits you were paid. Sometimes, insurance companies start paying and then stop, even though the worker is not fully recovered and should still be receiving payments or medical coverage. In these cases, the deadline for filing a claim and fighting to get the benefits you’re owed is two years.
If you have a repetitive stress injury that developed over time, you may not know the exact date of your injury. So when does the clock start ticking in these cases? Usually the answer is the date you knew your injury was work related or the date you should have known. This could be the day your doctor tells you that your arm pain is carpal tunnel syndrome, for example.
The best rule to follow is to get medical advice, and then legal advice, sooner rather than later. You don’t want to risk waiting too long. Some work injuries are quite serious, or become serious over time. They can affect your ability to keep your job, earn a living and support your family. You have a right to certain benefits. It’s up to you – and your attorney – to make sure you get what you’re entitled to.
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.