Understanding the Deadlines for a Workers’ Compensation Claim

 Posted on September 07, 2021 in Workers' Compensation

Employees who sustain on-the-job injuries may suffer short-term and long-term effects. In some cases, it is possible for these injuries to affect individuals for the rest of their lives. When a work-related injury causes life-changing damage, whether that be physically, emotionally, financially, or all of the above, the employee can pursue a workers’ compensation claim through their employer. A skilled attorney can assist injured employees in recovering maximum benefits to help the victim adequately recover and protect their legal rights.  

Common Injuries Associated With Workers’ Compensation

When employees suffer injury, illness, disease or other harm from their job or workplace environment, it may be an option for them to pursue a workers’ compensation claim. There are several commonly seen causes of non-fatal job-related injuries, some of which include slip and falls, vehicle collisions, exposure to harmful substances, and workplace violence. 

One of the most prevalent causes of on-the-job injuries is employee overexertion. Overexertion is seen across all industries ranging from trucking, to construction, and to healthcare. Tasks that often lead to overexertion symptoms include working in awkward positions physically, repetitive motion, and regularly carrying heavy objects. 

Statute of Limitations on Illinois Workers’ Compensation

There are many reasons an employee may seek compensation from their employer’s workers’ compensation insurance carrier. Illinois sets a statute of limitations on workers’ compensation claims regarding the deadlines employees need to follow to properly file a claim. Failing to meet these deadlines can result in failure to receive proper compensation for lost wages and medical expenses. 

In Illinois, employees are allotted a 45 day time period to report the accident for a valid workers’ compensation claim. Exceptions to this include if the employee suffered fatal injuries, a legal disability, or was exposed to radiological materials, in which instances they or their loved ones would be granted additional time. 

When an employee injury was not caused by a particular incident or event, but instead was gradually caused over a long period of time, employees are given three years to file a benefits claim. The specific date reflects when the employee should have known or did know that the injury was job-related. An example of a gradually sustained injury is carpal tunnel syndrome. 

In the event that an employee’s claim is denied, the employee may need to appeal to the Illinois Workers’ Compensation Commission in order to order the employer to pay out benefits. In this circumstance, the appeal must be made within three years after the injury-causing event. 

Contact Our Joliet Workers’ Compensation Attorneys Today

There are exceptions to each one of these statutes depending on the situation, the cause of the injury, and the extent of harm suffered. Any individual who suffers a serious on-the-job injury, should consider seeking guidance from a knowledgeable workers’ compensation attorney. Though almost all Illinois employers are entitled to workers’ compensation benefits, employers and their insurance companies will likely attempt to limit the amount of available benefits. A well-versed attorney with McNamara Phelan McSteen, LLC can help you meet important deadlines and better understand your claim. Contact our Will County workers’ compensation attorneys today to start working on your case right away. Call 815-727-0100 to schedule a free consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68