Filing a Workers' Comp Claim in Illinois

The employee must notify the employer of the accident as soon as practicable, and generally no later than 45 days after the accident. For radiological exposure the limit is 90 days, and for occupational diseases notice is due as soon as practicable after the employee learns of the condition. Any delay can delay payment of benefits.

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.

Tell your employer about the injury. If the employer does not pay benefits after you contact it, file a claim with the Commission; an accident report alone does not start a Commission case. Since April 21, 2021, attorneys and self-represented workers must file cases electronically through the Commission's CompFile system. The case is then assigned to an arbitrator and set for status calls every three months.

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.

In Illinois, tell your employer about a work injury as soon as practicable and no later than 45 days after the accident (orally or in writing, with the approximate date and place). The employer must inform its insurance carrier or administrator and report accidents to the Illinois Workers' Compensation Commission on Form 45, Employer's First Report of Injury, for injuries causing more than three lost workdays; an accident report does not trigger any action by the Commission. If the employer does not pay benefits, the worker may file a claim at the Commission, which is done electronically in CompFile (pro se workers must register for a CompFile account). Help: Chicago 312-814-6500, Springfield 217-785-7087, Collinsville 618-346-3484, TDD/TTY 866-383-4370; wcc.compfile@illinois.gov.