If you’ve been injured on the job, time is not on your side. In most cases, you have three years to file a workers’ compensation claim in Illinois, but there are important exceptions that can change when your deadline begins. Missing the filing window could mean losing your right to all benefits.
When Does the Clock Start?
Under the Illinois Workers’ Compensation Act, you generally have:
- 3 years from the date of the injury, or
- 2 years from the last compensation payment — whichever is later.
This rule applies to most workplace accidents and injuries with clear start dates, like a fall, equipment accident, or burn injury.
What If Your Injury or Illness Developed Over Time?
Some conditions like repetitive stress injuries, occupational illnesses, or exposure-related conditions — don’t appear immediately. In these cases, the statute of limitations may begin when:
- You first became aware of the injury or illness, and
- You reasonably knew it was connected to your job duties.
For example, if you develop carpal tunnel syndrome after years of typing, the filing window may start from the date your doctor formally links the condition to your work.
This “discovery rule” can give workers more flexibility — but it also creates gray areas that require careful documentation and legal interpretation.
Employer Misconduct Can Affect the Timeline
In some situations, employer actions (or inaction) may impact your filing deadline. You may have a longer window to file if your employer:
- Failed to inform you of your workers’ comp rights
- Denied your access to medical care or claim forms
- Misclassified your injury as non-work-related or delayed reporting
However, these cases are often more complicated and require legal support to prove that the delay was not your fault.
Early Action Protects Your Claim
Even if you believe you’re within the filing window, waiting to take action can seriously weaken your case. Delays can result in:
- Lost medical records or witness statements
- Disputed or denied claims
- Missed treatment opportunities
- Permanent loss of benefits
We strongly recommend filing a formal claim as soon as possible — even if you’ve already started receiving benefits. Many injured workers mistakenly believe their employer or the insurance company will handle this step, but that’s not the case. It is not your employer’s responsibility to file a claim, and the insurance company will not do it for you.
To protect your rights, you (or your attorney) must file an official document called an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission in Chicago. This filing is free of charge and serves as your legal safeguard — ensuring you won’t lose access to benefits simply because too much time has passed.
Filing this document puts your rights on record and preserves your ability to pursue compensation, even if complications arise later in your recovery.
Need Help Understanding Your Deadline?
At The Illinois Hammer Injury Law Firm, we guide injured workers through every stage of the claims process — from initial reporting to final resolution. If you’re unsure when your filing deadline started or whether you’ve missed it, we’re here to help.
Contact us for a free consultation. We’ll review your case timeline, explain your legal rights, and help make sure you don’t miss your chance to get the benefits you’re owed.
