Appealing a Denied Workers' Comp Claim in Illinois
The deadline to challenge a denied workers' comp claim in Illinois, where to file, and the steps from hearing to appeal.
Short answer: A disputed claim is heard first by an arbitrator of the Illinois Workers' Compensation Commission. To appeal the arbitrator's decision to the Commission (a panel of three commissioners), a party must file a petition for review within 30 days of receiving the arbitration decision; Illinois Workers' Compensation Commission, IWCC Timelines (citing Act § 19(b), § 19(f)(1) and Rule 7040.10(a)(1)); IWCC Handbook (June 6, 2024), Section 4
| Deadline to challenge a denial | A disputed claim is heard first by an arbitrator of the Illinois Workers' Compensation Commission. To appeal the arbitrator's decision to the Commission (a panel of three commissioners), a party must file a petition for review within 30 days of receiving the arbitration decision; to take the Commission's decision to circuit court, a party must file a request for summons within 20 days of receiving the review decision. Commission decisions are final for cases involving State of Illinois employees. The deadline to file the original claim is in workcomp/claim_deadline. |
|---|---|
| Appealing a denial | An arbitrator holds the trial and issues a decision within 60 days. Either side may appeal to a panel of three commissioners, who review the record, hear brief oral argument and must decide within 60 days. Except in cases involving State of Illinois employees (where the Commission's decision is final), either party may then appeal to the circuit court, and from there to the Appellate Court and in some cases the Illinois Supreme Court. Emergency hearings (Section 19(b)) are available for disputes over ongoing medical or TTD benefits. |
| Deadline to file a claim | In most cases, the employee must file a claim with the Commission within three years after the injury, death or disablement from occupational disease, or within two years after the last payment of temporary total disability benefits or a medical bill, whichever is later. Some disease and death cases have different time limits. |
Where to get help in Illinois
More Illinois workers' compensation
- Filing a Workers' Comp Claim in Illinois
- How Much Workers' Comp Pays in Illinois
- Workers' Comp Settlements in Illinois
- Retaliation for Filing Workers' Comp in Illinois
- Suing Over a Work Injury in Illinois
- All Illinois workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in Illinois?
A disputed claim is heard first by an arbitrator of the Illinois Workers' Compensation Commission. To appeal the arbitrator's decision to the Commission (a panel of three commissioners), a party must file a petition for review within 30 days of receiving the arbitration decision; to take the Commission's decision to circuit court, a party must file a request for summons within 20 days of receiving the review decision. Commission decisions are final for cases involving State of Illinois employees.
How do you appeal a denied workers' comp claim in Illinois?
An arbitrator holds the trial and issues a decision within 60 days. Either side may appeal to a panel of three commissioners, who review the record, hear brief oral argument and must decide within 60 days. Except in cases involving State of Illinois employees (where the Commission's decision is final), either party may then appeal to the circuit court, and from there to the Appellate Court and in some cases the Illinois Supreme Court. Emergency hearings (Section 19(b)) are available for disputes over ongoing medical or TTD benefits.
What is the deadline to file a workers' comp claim in Illinois?
In most cases, the employee must file a claim with the Commission within three years after the injury, death or disablement from occupational disease, or within two years after the last payment of temporary total disability benefits or a medical bill, whichever is later. Some disease and death cases have different time limits.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.