Illinois Workers’ Compensation Statute of Limitations

If you suffer a work-related injury in Illinois, you have important rights under the Illinois Workers’ Compensation Act (820 ILCS 305). However, this law sets strict deadlines, known as the Illinois workers’ compensation statute of limitations, for reporting your injury and filing a claim. 

Missing these deadlines can mean losing access to medical care, wage replacement, and other critical benefits. Understanding the timelines and how they apply to your specific situation is essential to protecting your claim.

What Is a Statute of Limitations in Workers’ Compensation?

A statute of limitations is the legal time period you have to take certain actions—in this case, to file a workers’ compensation claim. For Illinois work injuries, the law gives you:

• Three years from the date of injury, or
• Two years from the date you last received compensation (such as payment for medical treatment or lost wages),

whichever is later.

These deadlines are enforced by the Illinois Workers’ Compensation Commission (IWCC), the agency that oversees claims. If you don’t meet them, your claim will likely be barred, no matter how serious your injury is.

Reporting Your Injury

Notifying your employer promptly is just as important as filing the formal claim. Under Illinois law, injured workers must report a workplace injury to their employer within 45 days. This can be verbal or written, but a written notice is better because it creates a paper trail. The notice should include:

• The date and time of the injury
• Where the injury occurred
• How it occurred
• The body parts affected

Filing Your Workers’ Compensation Claim

To pursue benefits, you must file an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission within the statute of limitations period:

• Three years from the injury date if no benefits were paid, or
• Two years from the last compensation payment, whichever gives you more time.

How the Statute of Limitations Works in Practice

Consider this example:

You are hurt at work on January 1, 2025.

Your employer covers medical treatment until June 1, 2025.

You have until June 1, 2027 (two years from the last payment) to file your claim.

If you never received benefits, your deadline would be January 1, 2028 (three years from injury).

Special Circumstances and Exemptions

Illinois law recognizes that not all injuries or situations covered by workers’ compensation fit neatly into the standard deadlines. Time limits may vary depending on whether your case involves:

• Repetitive Trauma Injuries – Conditions like carpal tunnel syndrome that develop gradually start the clock when you knew or should have known the injury was work-related, often the diagnosis date.
• Occupational Diseases – Illnesses from long-term exposure (like chemical or radiation exposure) must be claimed within three years of when you knew of the disease, but no more than two years after last exposure.
• Minors – If the injured worker is under 18, the clock doesn’t start until their 18th birthday.
• Mental Incapacity – If a severe injury impairs mental capacity, deadlines may be paused until the worker can understand their rights.

Other Time Limits to Consider 

In addition to the statute of limitations for filing a workers’ comp claim, several other deadlines affect your case.

Temporary Partial Disability Benefits

When an injury limits your ability to perform your job temporarily, you may qualify for temporary partial disability (TPD) benefits. These benefits are part of the Illinois workers’ compensation system and are designed to supplement your reduced income while you recover. TPD benefits continue until you return to your regular job, reach MMI, or transition to another type of workers’ comp benefits.

Maximum Medical Improvement (MMI)

MMI is reached when your doctor determines your condition has stabilized and is unlikely to improve further, even with continued treatment. Once you have reached maximum medical improvement, your doctor can assess whether you have any permanent disability. 

Claims Filed by Family Members

When a worker dies from a work-related injury or occupational disease, surviving family may be entitled to death benefits under the Illinois Workers’ Compensation Act. However, the statute of limitations still applies, meaning families must file a fatal workers’ comp claim within the required time limits. 

Employer Misconduct and Its Impact on Deadlines

In some cases, your employer or insurance company may delay your claim by:

• Failing to inform you of your workers’ compensation coverage rights.
• Denying access to care or claim forms.
• Misclassifying your injury as non-work-related.

If employer fails in these ways, you may have more time to file a claim, but proving this in civil court often requires skilled legal representation.

Workers’ Compensation Benefits Available in Illinois

If you meet all filing requirements, you can access a variety of benefits in Illinois, such as:

• If you meet all filing requirements, you can access a variety of benefits in Illinois, such as:
• Medical Benefits – Covers all reasonable and necessary medical expenses without co-pays.
• Temporary Total Disability – Two-thirds of your average weekly wage until you return to work or reach MMI.
• Temporary Partial Disability – If you can work light duty for less pay, you get two-thirds of the difference in wages.
• Permanent Partial Disability – Compensation for lasting impairment while still able to work.
• Permanent Total Disability – Lifetime benefits for injuries preventing any gainful employment.
• Vocational Rehabilitation – Job retraining if you cannot return to your former position.
• Death Benefits – Payments and funeral expense coverage for dependents when a work injury is fatal.

How Long Do Workers’ Comp Benefits Last

The duration of workers’ compensation benefits depends on the injury and benefit type. TTD continues until you’ve reached MMI, while permanent disability payments may last for life. The more serious the injury, the longer the potential benefits, making timely filing essential to avoid losing all the benefits you’re entitled to.

Common Mistakes That Can Cost You Your Claim

Many workers’ compensation cases fail because of avoidable errors, including:

• Missing the time limits for reporting or filing.
• Assuming your employer will file the claim for you.
• Waiting until full recovery before filing.
• Relying on voluntary benefit payments without a formal claim in place.

Failing to meet the statute of limitations can result in losing:

• Coverage for medical bills
• TTD benefits during recovery
• Long-term permanent disability compensation
• Vocational retraining

Best Practices for Protecting Your Rights

To avoid missing your chance to secure workers’ comp benefits:

• Report all injuries right away, even if minor.
• Seek medical attention.
• Document all medical appointments, treatments, and communications.
• Track the last payment of any benefit or bill covered.
• File promptly, even if you’re receiving voluntary payments.
• Work with an experienced workers’ compensation lawyer who understands Illinois law.

Get Help From an Illinois Workers’ Compensation Attorney

At our firm, we know that Illinois workers face enough challenges after a work injury without worrying about complex legal deadlines. 

Our experienced workers’ compensation attorneys will calculate your exact time limits, gather witness statements and medical records, and handle every step of the claims process, including negotiating for lump sum payments and filing personal injury lawsuits to increase compensation.

We work on a contingency fee basis, meaning you don’t pay unless we recover compensation for you. If you’ve been injured, don’t wait until the deadline is close. Call our Chicago work injury attorneys today to file a claim and protect your rights.