Workers’ Compensation Statute of Limitations

Thursday, July 18, 2024

Workers’ Compensation Statute of Limitations

Written by Malman Law, reviewed by Steve J. Malman.

In Illinois, you generally have three years from the date of the injury to file a lawsuit, or two years from the last payment of compensation, whichever is later.

If you miss this deadline, you may lose your right to compensation. Workers’ comp lawyers in Illinois will help ensure you meet all the necessary deadlines and secure the benefits you deserve.

What Are Statutes of Limitations?

Statutes of limitations are legal time limits that tell you how long you have to start a legal case in civil court. For workers’ compensation in Illinois, these time limits are very important.

If you miss the deadline, you might lose your chance to get help for your work injury. This is why it’s important to know these time limits and act quickly if you get hurt at work.

Illinois Statute of Limitations for Workers’ Compensation Claims

In Illinois, the main time limit for workers’ compensation claims is three years. This means you have three years from the date you got hurt to file your claim.

But there’s another important deadline too. You also need to file within two years of the last time you got any benefits for your injury. This could be money for lost wages or payment for medical treatment.

Let’s look at an example:

  • You get hurt at work on January 1, 2023
  • Your employer pays for your medical treatment until June 1, 2023
  • You have until June 1, 2025 to file your claim (two years from the last benefit)
  • But if you never got any benefits, you would have until January 1, 2026 to file (three years from the injury)

It’s important to remember that you should file your claim as soon as possible. Waiting can make it harder to prove your case.

Illinois Statute of Limitations Workers’ Compensation Exemptions

Sometimes, the normal time limits don’t apply. These are exemptions. In Illinois, there are a few situations where you might get more time:

  • Repetitive Trauma: Some injuries happen over time instead of all at once. For these types of injuries, the clock starts when you first notice the problem and think it might be related to your job. For example, if you type all day at work and develop carpal tunnel syndrome, the time limit to file a claim might start when your hands first start hurting badly and you realize it could be from your work activities.
  • Occupational Diseases: Occupational diseases are illnesses that you get from your job over a period of time. For these diseases, you have three years from when you first noticed the disease and realized it was related to your work to file a claim. However, you cannot file more than two years after you stop working at the job that caused the disease. This means you need to act quickly once you notice symptoms and understand they are work-related.
  • Minors: If you are under 18 years old when you get hurt at work, the time limit for filing a workers’ compensation claim does not start until you turn 18. This gives young workers extra time to report their injuries and seek the benefits they are entitled to, even if they were injured as minors.
  • Mental Incapacity: If your work injury makes you unable to understand your rights, the time limit for filing a claim might not start until you are able to understand your situation again. This can happen if a severe injury affects your mental capacity. It ensures that workers who are mentally incapacitated are not unfairly penalized for being unable to file their claims on time.
  • Important Reminder: Remember, these exemptions can be complicated and might vary depending on your specific situation. It’s always best to file your claim as soon as possible to ensure you meet all deadlines and secure the benefits you deserve.

Other Time Limits to Consider

There are other important deadlines in Illinois workers’ compensation cases:

  • Reporting the Injury: You should tell your employer about your injury as soon as possible. In Illinois, you have 45 days to report most injuries to your employer. For some illnesses that develop slowly over time, you have 90 days from when you first notice the problem. If you wait longer than these time limits, you might lose your right to receive workers’ compensation benefits.
  • Getting Treatment: There is no strict time limit for getting medical treatment, but it’s best to see a doctor right away after being injured. Waiting too long to get medical help can make your employer or the insurance company doubt the seriousness of your injury. Immediate medical attention also ensures that your injury is properly documented and treated.
  • Appealing a Decision: If your workers’ compensation claim is denied, you have 30 days to file an appeal with the Illinois Workers’ Compensation Commission. It’s important to act quickly and follow the proper steps to challenge the decision. A successful appeal can help you get the benefits you deserve.
  • Temporary Total Disability (TTD) Benefits: Temporary Total Disability (TTD) benefits should start within 14 days of your employer learning about your injury. These benefits help you financially while you are unable to work due to your injury. Make sure to report your injury promptly to avoid delays in receiving these important benefits.
  • Permanent Disability Rating: A permanent disability rating usually happens when you have finished healing from your injury, which doctors call “maximum medical improvement” (MMI). This rating determines the extent of your permanent disability and the amount of compensation you may receive. It’s an important step in the workers’ compensation process, as it affects your long-term benefits.

Take Swift Action to Seek Help from an Illinois Workers’ Compensation Attorney Today

If you’ve been hurt at work in Illinois, act quickly. The time limits can be confusing, and missing a deadline could mean losing your benefits.

The personal injury lawyers at Malman Law will help you file your claim on time, assist with other parts of your claim, and ensure you get all the benefits you deserve. We will help if your employer or their insurance company denies your claim, represent you in hearings with the Workers’ Compensation Commission, and negotiate for a fair settlement.

The sooner you act, the better your chances of getting the help you need. Contact us at 312-629-0099 or online.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.

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