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Illinois Workers' Compensation: File a Claim Even If You're Getting Benefits

Written by: Michael J. Helfand

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Employment Workers Compensation

Posted over 2 years ago. Applies to Illinois, 0 helpful votes, 0 comments

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"Application for Adjustment of Claim"

This is the official title of the form that opens a claim with the Commission. All claims in Illinois are filed at the Chicago office, located at the Thompson Center downtown. It is free to file, and you can do it in person or by mail. Forms are available online (see link below). Once you file this application, you will be assigned a case number and an arbitrator who will follow your case. You will have an automatic "status call" every two months. This is routine and updates the arbitrator on how your case is progressing. Either party can request a trial at these appearances. Note that the arbitrators do not study individual cases and it's the responsibility of the individual and their attorney to keep the case moving. After three years without progress, the arbitrator can dismiss the case.

Benefits of filing a claim

Even if you are receiving benefits, it's not too late to file a claim. And it's a good idea to do so. It will give you a head start if there is a dispute about your benefits down the road. If your employer has accepted your claim, and you are satisfied with your benefits, it may be hard to imagine a problem. However, if at some point your benefits stop prematurely or you are denied medical treatment when your condition worsens, you may need a hearing. If your case is already on file, you can get your case heard more quickly.

Deadline for filing a claim

You have three years from the date of the injury to file the Application for Adjustment of Claim to open your case. If you've already received benefits, you have two years from the last payment of benefits to file. For disease caused by your job, you have two years from the date of the last exposure. For some cases, such as asbestos or radiation, you may have up to 25 years from the last time you were exposed. In any case, it's best to file a claim as soon as you can.

Additional Resources

If this sounds confusing, you can always talk to an experienced workers' comp attorney. A lawyer can give you peace of mind in a routine case, and fight for you if there is a dispute. If you need help finding the right lawyer in Illinois, give us a call. We can recommend someone who we believe will give you the best chance of success.

Illinois work injury claims

Illinois Workers' Compensation Commission - forms