As the medical bills pile up, and you have to take time off work, you face the financial burden of a workplace injury. Understanding how workers’ compensation filing works is vital. The filing time limits for Illinois work injuries determine how long you have to report an injury and apply for benefits.
Reach out to Smoler Law Office in Chicago, IL, by calling (312) 332-9800 if you experienced an injury on the job. Because of filing limits for Illinois work injuries, you only have so long to make a claim.
Key Deadlines You Need to Know for Filing a Workers’ Comp Claim in Illinois
According to the Illinois Workers’ Compensation Commission, around 200,000 individuals sustained an injury on the job in 2022. For workplace injury cases that require a person to apply for compensation, the victim has to meet the filing time limits to collect benefits.
You have 45 days from the time of an injury to notify your employer of the accident. Some exceptions apply to this rule. For instance, in the case of radiation exposure, you have 90 days after the incident. On the other hand, if you are involved in an accident that renders you physically or mentally incapacitated, such as leaving you in a coma, you have 45 days once you gain consciousness to contact your employer.
You may be granted an extension if you didn’t know you had exposure to a toxic substance, the injuries weren’t apparent initially, or your employer concealed risks.
Legally, you have three years from the injury to file a claim with the Illinois Workers’ Compensation Commission (IWCC) or two years from when you last received workers’ compensation benefits from your employer. The same type of exceptions for notifying your employer apply to filing with IWCC.
What Happens if You Miss Workers’ Comp Deadlines?
If you don’t notify your employer in time, they may deny your case. The same applies to the IWCC; this organization may dismiss your case and not provide you with an opportunity to appeal. The only way you could plead your case is if you have strong evidence of a valid reason for not filing already. If you missed a deadline for workers’ compensation in Illinois, a workers’ compensation attorney in Chicago can help you navigate the situation.
Let’s say you’ve already missed the initial filing deadline and are questioning, “What happens if my workers’ compensation is denied?” That’s another reason to receive legal help from an Illinois workers’ comp attorney. If either your employer or IWCC denies your claim, you can work with an attorney to find out if you are legally eligible and what you need to prove it. Contact Us at Smoler Law Office if you have questions or need legal representation.
