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How Long Do I Have to File a Claim for Workers’ Compensation?

John Lesaganich Nov. 1, 2018

A successful workers’ compensation claim can provide an injured worker with the financial support they need to recover from their harm and get themselves ready to return to work. There are many steps that must be followed to prevail in a workers’ compensation claim, and this blog has addressed many of the issues that individuals can face when they decide to seek this specific form of benefits. One important issue that workers should be aware of, however, is the statute of limitations that applies to workers’ compensation claims.

In Illinois, the amount of time that an injured worker has to file a claim for workers’ compensation benefits can vary. The period will either be two or three years. The two-year statute of limitations applies in cases where workers are no longer employed with the company where their injuries occurred.

A worker may get three years to file their workers’ compensation claim if they are still in the job where the injury occurred or if the three-year statute of limitations is longer than the two-year limit based on the receipt of their last pay check. The three-year limit begins to toll from the date the worker suffered their injury.

It is important that readers understand that these limitations apply to the filing of claims and not to the notice requirements workers are mandated to provide their employers when they are hurt on the job. Further questions about timing issues in the workers’ compensation process should be discussed with trusted attorneys in the workers’ compensation field.