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What is the Illinois Workers’ Compensation Statute of Limitations?

What is the Illinois Workers’ Compensation Statute of Limitations?


If you’ve been injured on the job in Illinois, you may be wondering how long you have to file a claim under the Illinois workers’ compensation act. You must notify your employer of your injury no later than 45 days from the date of the accident – the sooner the better.

As for filing your claim, the Illinois workers’ compensation statute of limitations requires you to file your claim with the Illinois Workers Compensation Commission within three years from the date of your injury or within two years of the date you received your last workers’ compensation benefits. Learn more important details surrounding the workers’ comp statute of limitations in Illinois with the Chicago workers’ compensation attorneys at Rubens, Kress & Mulholland, below.

Determining the Three-Year Date

Depending on your injury, determining when the three-year period begins and ends may be difficult. A couple of examples include:

  • If you sustain a one-time injury such as rolling your ankle while coming down from a ladder, then the statute of limitations would be three years from the date of that accident.
  • If you develop an ongoing work-related injury like carpal tunnel syndrome, the statute of limitations does not begin until the date which you recognize the relationship between your job and the injury.

Determining the Two-Year Date

In regard to determining when the two-year limitations “timer” begins following the last compensation payment, you may be wondering what exactly can be considered as compensation. This could be payments including employer group insurance benefits, workers’ compensation benefits, and wages that are related to the injury. Here’s an example:

  • Imagine you’ve been off work for two years with an injury and your employer has been paying your medical expenses or TTD (Temporary Total Disability) benefits, but they unexpectedly stop paying. Although it may be a significant amount of time since the date of the accident, you will still have two years to file a claim starting from the date of the last benefit you were paid.

Consult a Workers’ Compensation Attorney

The workers’ comp statute of limitations in Illinois can be tricky to navigate. As such, many individuals will find it is beneficial to seek the help of a workers’ compensation attorney to provide professional representation for them. A qualified attorney will have the skills and experience to inspect the details of your case and ensure you are filing a claim appropriately.

Connect with Rubens, Kress & Mulholland Today

If you are searching for a Chicago workers’ compensation attorney you can rely on, look to the team at Rubens, Kress & Mulholland. Our attorneys have extensive experience helping individuals with cases like yours, and we have a proven record of successful workers’ comp cases to speak to it. Don’t delay your case any further – contact us online or call us toll-free at 866-890-9640 for a consultation today.

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