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Get Informed: You Have a Limited Time to File a Workers’ Compensation Claim | Black & Jones

Get Informed: You Have a Limited Time to File a Workers’ Compensation Claim | Black & Jones

If you are hurt at work, you may be entitled to compensation, but you must act within a limited period of time, or you risk that compensation. Under Illinois law, you must file a claim with the Illinois Workers’ Compensation Commission within three years of the injury or accident, or within two years of the date, the insurance company or employer last pays a benefit related to the injury or accident. Failure to comply and timely file your case precludes all recovery. 

Furthermore, filing the claim with the employer and the insurance company does not extend the deadline to file with the Commission. Additionally, active negotiations with the insurance company do not toll that statute of limitations unless they indicate in writing that you do not have a statute of limitations to file or that your deadline is a different date. Under those circumstances, we could argue a late filing should be allowed.

If you suffer a specific injury at work, like your finger is cut off in a machine or you are involved in a motor vehicle accident while working, it is easy to identify the accident’s date and calculate the three-year deadline. But what about injuries caused by your repetitive job duties or injuries where you keep working and get worse over time? 

In those cases, the date of the accident is not as easily identified. It could be the date you first noticed symptoms. It may be the date you first sought treatment or reported it to the employer. It could even be months or years later when you first realize a connection between the condition and your work duties. In those cases where the date of accident or date of manifestation could be different dates, your deadline to file the case with the Commission could be different dates as well. If you are close to the deadline, it is crucial that you talk to an experienced attorney to decide whether you can still timely file your case and what the best accident date is to use. 

The attorneys at Black & Jones Attorneys at Law have years of experience determining the most advantageous dates to use for injuries at work. We can also file your case immediately, often, the same day you meet with us to ensure that your case is filed on time. If you have been injured at work, do not wait until the last minute. Call us today to ensure your case is pursued in a timely manner.