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Workers’ compensation is a system of benefits that:
Pays for the medical costs of job-related injuries and diseases, Covers almost every employee in Illinois, and Starts from the moment a…
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Help ILAO open opportunities for justiceIf you have a work-related injury or occupational disease, you may be eligible for workers' compensation benefits. The Illinois Workers' Compensation Commission (IWCC) is the administrative court system that resolves disagreements about workers' compensation benefits.
As an employee, you can hire an attorney or represent yourself before the IWCC. If you plan to file a claim without the help of a lawyer, please read the letter from the Illinois Workers’ Compensation Commission (IWCC) and review the IWCC's resources for Pro Se Litigants. There is no fee to file your claim.
In most cases, you must file your claim within 3 years after the date of the accident, or within 2 years from the last benefits payment you received, whichever is later.
For example: If you were injured on January 1, 2023, and were receiving compensation payments until they stopped on December 31, 2024, then you have two years from the date your last payment was received to file your claim. You must then file your claim before December 31, 2026.
Report your injury to your employer as soon as possibleReport your injury to a supervisor, or someone acting as a supervisor, as soon as you can. You can tell them orally or in writing. If you wait more than 45 days after you are hurt, you may lose all of your benefits.
There are 2 other special time limits. These time limits are different because you may not know about them right away:
To avoid problems, it's best to give your employer written notice. You should include:
Notice given to a co-worker is not notice to your employer, unless your co-worker is in management.
Access your existing case in CompFileIf you don't have an existing case, skip to Step 3. If you do have an existing case, follow the steps below to access your already active case.
IWCC uses an electronic filing system called CompFile. You must electronically file all cases and documents in CompFile. To access your existing case in CompFile, you must:
All cases must be filed in CompFile, the IWCC's electronic filing system. To file a workers' compensation case in CompFile, complete the following steps:
Remember, you have 45 days to notify your employer of your injury or illness and 3 years to file a claim with the Commission. These 2 time limits are separate. Do not wait more than 45 days to notify your employer, even if you plan to file a claim with the Commission.
Keep track of your caseAfter you file your Application for Adjustment of Claim, you can keep track of your case in CompFile.
The IWCC will send you a notice that the case was filed. The notice will give you information about the:
After the first status call, your case will automatically be set for a new status call every 3 months. You will not receive a notice of the next call date, so you must keep track of later status call dates. You can check your future status call dates on CompFile.
During the first 3 years of your case, you and your employer do not need to attend the status calls unless one of you:
If one of you asks for a hearing or asks the arbitrator to act, then you must attend the status call.
For the first 3 years, your case will be continued or rescheduled until the next status call during each status call.
After 3 years, you must go to each status call. Your case will be scheduled for a hearing or dismissed, unless you request in writing that the case be continued for good cause.
When you go to your hearing, be prepared to show evidence that proves your eligibility for workers' compensation benefits.
If there is an emergency and you need a quicker decision, you can request a 19(b) hearing. Section 19(b) of the Illinois Workers’ Compensation Act allows you to ask for an immediate hearing to consider whether you are owed medical or compensation benefits. You can ask for a faster hearing by filing a “Petition for an Immediate Hearing Under Section 19(b)” in CompFile. You cannot ask for a faster hearing if you have returned to work and are claiming less than 12 weeks of unpaid benefits. Learn more about 19(b) hearings in the Handbook on Workers’ Compensation and Occupational Diseases.
IWCC cannot give legal advice. However, they can explain procedures and answer your questions. You can contact the IWCC for help by phone at (866) 352-3033 or by email at [email protected] .