How to file a workers’ compensation claim in Illinois

What happens when an ordinary workday takes a turn for the worse? Every year, workplace injuries affect millions of Americans just like you. And while your employer typically handles the initial workers’ compensation process, you can still encounter frustrating roadblocks like denied claims.

Fortunately, Illinois state law allows you to be compensated fairly for workplace injuries. Claimants should follow a process when reporting, filing or appealing a claim.

Reporting workplace injuries to your employer

You should notify your employer immediately after discovering an injury in your workplace. If you wait over 45 days after the incident (or discovery of the injury), you might lose all chances of claiming benefits.

• Include the following details in your notice:
• Date and time of the incident causing the injury
• Location where the incident occurred
• Brief description of the incident
• Your personal details such as name and contact number

A short written report or notice to your manager or employer is the best option, as it allows you to document the timeline of your case. In most cases, your company’s insurance carrier shoulders your workplace injury claim.

Filing a claim and representation before the IWCC

The Illinois Workers’ Compensation Commission is the administrative court system responsible for resolving issues with your workers’ compensation benefits. If you do have any disagreements regarding your benefits, you must file a formal Application for Adjustment of Claim with them— for example, when your compensation is not adequate enough to cover damages.

You may be eligible to file the claim if you follow either of two deadlines, whichever is later:

• Within three years of the injury
• Not exceeding two years of your last workers’ compensation benefit payment

Employees may choose to represent themselves before the IWCC or hire an attorney for their claim. There is no fee for filing the claim.

Communicating with a lawyer

Fees for representation may be a hassle, so you might be thinking: why hire a legal professional? A workplace injury lawyer has the legal know-how necessary to ensure fair compensation for you and defend you from insurance companies who want to avoid liability.

Denied claims, settlement negotiation, and complex paperwork are just a few reasons why many people seek lawyers for assistance with workers’ compensation claims. Take necessary steps to ensure the best outcome for your claim.