Illinois law says that an injured employee must tell their employer about their injury within 45 days of the date of injury. In some cases, especially serious injuries, your boss will clearly know. It’s still a good idea to put your notice in writing. The reason is that the insurance company can try to deny your claim based on failure to give notice.

You have 45 days, but sooner is better so that there’s not question about whether you met the deadline. If the date of your injury is clear, then you shouldn’t have a problem figuring out your deadline. However, if your injury did not happen in a single incident but rather occurred over time, your case is a bit trickier.

When it comes to a repetitive stress injury, Illinois law says that you have 45 days from the day you reasonably should have known you were injured (and that the injury was caused by your job) to notify your employer. There is some room for argument here, so again, the sooner you tell your employer the better.

If you are unsure of whether you have a work-related injury, go see a doctor. Make sure to tell your doctor all of your symptoms, what you’re doing when you experience symptoms, what your job duties are, etc. Give your doctor all of the information so they can give an informed opinion on the cause of your pain.

If you miss the deadline and the insurance company tells you that you’re out of luck, talk to an experienced workers’ compensation attorney about what you can do next. You may still be able to get the benefits you need to recover and get back to work.

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.

By Michael Helfand