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Grupo MedLegal® > Blog > Illinois > How and When to File a Claim for a Work Accident

How and When to File a Claim for a Work Accident

In any type of situation, taking immediate action is usually the most advisable way to proceed. However, in legal matters, inaction on the part of the victim may keep them from being able to sue and prevent them from receiving the benefits to which they would have otherwise been entitled. The Workers’ Compensation Commission in the state of Illinois has a statute of limitations for this type of claim.

Deadline for Notifying Your Employer in Illinois

The first thing you should do when you have a work accident is to notify your employer. You should do this as soon as possible, but never later than 45 days after the accident. Your credibility not only increases if you report as soon as the accident happens, but it also shows your employer where and how it occurred. Furthermore, if you have witness who saw the incident, you should mention it or write it in your report. You should not be afraid or apprehensive about turning in the report, even if the accident happened because of your negligence. The law offers you protection against retaliation from your employers.

In the case of gradual injuries or illnesses that develop over months or even years, the 45-day period begins from when a reasonable person in your same situation notices or should notice a correlation between the illness or injury and their job. It is irrelevant if you continue working with the injury or illness.

Statute of Limitations for Submitting a Benefits Claim with the Illinois Workers’ Compensation Commission

The law establishes that the employee has the following deadline to present a claim:

  1. Two (2) years after receiving the last compensation payment sent by his or her work; or
  2. Three (3) years after the day of the accident.

You can choose the date that gives you more time. For example, if you sustained an injury in January of 2010, the deadline to submit your claim is January 2013 (3 years later). However, if you received compensation for that injury until January 2012, your date will have extended until January 2014 (2 years after the last payment).

Once again, in cases of illnesses that occur over several years, such as mesothelioma, where symptoms may be manifested up to 20 years later; or hearing loss, where it occurs slowly and unnoticed, the law begins counting the period mentioned above from where a reasonable person in your same position would have realized the connection between their illness or problem and its cause; in this case, the work environment.

Our team of doctors and lawyers are specialists in labor compensation cases, among others. We have a group of professionals to guide and counsel you from the moment you have an accident.

This Blog is made available by Grupo MedLegal for informational purposes only and does not provide legal or medical advice. The information provided on the Blog should not be used as a substitute for competent legal or medical advice from a licensed professional.

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