Workers' comp deadlines in Illinois: tell your employer and file

Tell your employer in Illinois

Time limit

45 days

Counted from

The date of the accident

In writing?

The law does not require writing

If you are late

Whether your employer received notice within the time limit is one of the issues you must prove if your claim is disputed. A mistake or gap in the details of the notice does not bar your claim unless the employer proves it was unduly harmed by it. Any delay in telling your employer can delay your benefits.

Illness that develops over time

For an occupational disease, notify your employer as soon as practicable after you become aware of the condition. If the Commission finds that late notice substantially harmed the employer's rights, it may bar the claim. For injuries from radiation exposure, notice is due within 90 days after you know or suspect you received an excessive dose.

Tell your employer about the accident as soon as practicable, and no later than 45 days after the accident. Notice may be given orally or in writing. It should include the approximate date and place of the accident, if known.

Law: 820 ILCS 305/6(c); 820 ILCS 310/6(c)

Source: iwcc.illinois.gov

File your claim in Illinois

Time limit

3 years

Counted from

The date of the accident (or of disablement from an occupational disease); or 2 years after the last payment of compensation, if any was paid, whichever is later

What to file

Application for Adjustment of Claim, filed electronically with the Illinois Workers' Compensation Commission through its CompFile system (no filing fee)

Source: Form IC01

Who files it

You tell your employer about the injury (orally or in writing); there is no state claim form you must give your employer. Your employer informs its insurance company or administrator. If benefits are not paid or are disputed, you (or your attorney) file an Application for Adjustment of Claim (IC01) with the Commission in CompFile. You must register for a CompFile account before filing.

What your employer must do

After notice, your employer should provide first aid and medical services and inform its insurance carrier or administrator, even if it disputes the claim. If you cannot work for more than 3 days, the employer must either start TTD payments, give you a written explanation of what more information it needs, or give you a written explanation of why benefits are denied. Employers must report injuries with more than 3 lost workdays to the Commission within one month (deaths within 2 working days), and post the Commission's notice at work.

When the insurer decides

The Commission's handbook says the first TTD payment should be made within 14 days after the employer receives notice of the injury, unless the employer gives you a written explanation of the information it needs or of why it is denying benefits. By law, a delay in payment of 14 days or more is presumed unreasonable; if you make a written demand, the employer has 14 days to explain the delay in writing. For unreasonable delay the arbitrator can add $30 a day (up to $10,000), and for vexatious delay an extra 50%, plus attorney fees.

Illness that develops over time

For an occupational disease, the same rule runs from the date of disablement: 3 years, or 2 years after the last payment, whichever is later. Injuries from radiation or asbestos exposure have a 25-year limit counted from the last day you worked in that environment. Some diseases and death claims have other limits.

You report the injury to your employer, but the Commission does not get involved unless you file a claim there. To keep your right to benefits, file an Application for Adjustment of Claim with the Commission within 3 years after the accident, or within 2 years after the last payment of compensation (such as TTD or a medical bill), whichever is later. If you miss this deadline you generally lose the right to claim future benefits.

Law: 820 ILCS 305/6(d); 820 ILCS 310/6(c)

Law: 820 ILCS 305/6(b), 305/6(c), 305/19(k), 305/19(l); IWCC Handbook sections 2, 3 and 6

Source: iwcc.illinois.gov

Waiting period and first payment in Illinois

Waiting period

TTD is not paid for the first 3 working days you lose, unless you are off work 14 or more days. Payments begin on the 4th day of disability.

Paid back for the waiting days

If you are unable to work for 14 days or more, TTD is paid from the day after the accident, including the first 3 days.

First payment

The employer should make the first TTD payment within 14 days after receiving notice of the injury, and then pay at the same interval you were paid before the injury (for example weekly or every two weeks). A delay of 14 days or more is presumed unreasonable under the law. If the employer stops TTD before you return to work, it must give you a written explanation by the date of the last payment. Unreasonable delay can lead to penalties and attorney fees ordered by the arbitrator.

Source: IWCC Handbook

How often you are paid

Same interval as your regular paychecks before the injury (weekly or every two weeks)

Law: 820 ILCS 305/8(b), 305/19(k), 305/19(l)

Source: iwcc.illinois.gov

Deadline helper

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