How Long Do I Have to File an Illinois Work Comp Case?
No, in most cases you have three years in Illinois to file a claim.
However, for several reasons, it is wiser to file an Illinois' workers' compensation claim as soon as possible after the incident took place. This will help your lawyer, yourself, and others obtain the things they need to pursue your claim.
When Exactly Must You Bring a Workers' Comp Claim in Illinois?
Generally, you have 3 years to bring a workers' comp claim in Illinois but there are some restrictions, so consulting an attorney is a good idea.
Specifically, lawsuits must begin three (3) years after the accident or two (2) years after you last received compensation benefits-whichever is later. Yet, if your injury becomes repetitive in nature, the statute of limitations may differ, so it is important to meet with an attorney to clarify how much time you have to bring an action.
Why Does Illinois Limit Workers' Comp Claims to Three Years?
Like many lawsuits, Illinois law limits the amount of time you have to file a workers' compensation claim. Such laws are typically referred to as statutes of limitations. They prescribe time periods for various breeds of cases and claims. As mentioned previously, they give 3 years for workers' comp claims.
For another example, they provide 2 years for personal injury cases. The accepted rationale for them is that they serve to speed up tardy claimants and make it easier to actually try the case or claim.
In the time that a potential petitioner is deciding to pursue action, evidence can spoil, witnesses can move, and other items related to the dispute can vanish. Therefore, the law tries to avoid this from happening by goading you into filing your claim earlier than you otherwise might have.
How can I Help my Attorney File my Workers' Comp Claim?
There are several things you can do that will help your lawyer and increase the chances of your claim's success.
First, do not speak with the other side's lawyer about the incident. They could potentially use your statements against you in arbitration.
Second, gather any medical or rehabilitative records that you have related to treatment for the workplace accident.
Third, figure out who was at the scene of the incident.
Finally, stay available in case your counsel needs you for questions or input. You cannot forget the great value that you can play in your own recovery. Nobody knows what happened or its consequences better than you do and it is imperative that you display that story through your claim.
Confused About the Rules? Contact Us Today!
The reason why we emphasize reaching out to an attorney as quickly as you can after a workplace injury is because of thorny rules like this. It can be quite cumbersome reviewing Illinois' workers' compensation rules and tricky putting them into practice.
That is why it is important to get an experienced and capable attorney in to handle these things. For example, he or she should be able to immediately tell you if you still have a claim, when the deadline to file the claim will be, and what you need to do to effectively file the claim.
We can do this for you. In fact, this is just the beginning of how we can help-and we won't ask for a dime until you are satisfied. It is the promise we make to every injured worker we represent because we value their story and their rights.
Plus, Rosenfeld Workers' Compensation attorneys will provide a free case evaluation, with no obligation – simply complete the contact form or call us at 888-424-5757
For additional information see the following pages:
- Can I be Fired For Filing a Workers' Compensation Claim?
- Can I Choose my Own Doctor to Treat my Work-Related Injury Under Illinois' Workers' Compensation Law?
- How Much Will It Cost me to Use an Illinois Workers' Compensation Lawyer to Handle my Claim?
- I Have an Open Workers' Compensation Claim That I Have Received a Settlement Offer For. What Happens If I Settle That Claim?
- What If I Was at Fault For my Work-Related Injury. Can I Still Get Workers' Compensation Benefits?
- What Kind of Benefits Can I Get When I File an Illinois Workers' Compensation Claim?
- What or Who is Covered Under The Workers' Compensation Laws of Illinois?
- What Should I do to Apply For Workers' Compensation Benefits If I Have Been Injured While Working at a Job or Factory In Illinois?
- When Should an Employee Seek The Help of an Illinois Workers' Compensation Attorney?
- Who is Responsible For Paying For Illinois Workers' Compensation Benefits?