Chicago Workers Compensation “Ask the Attorney” Feature
This week’s question for our Illinois personal injury lawyer: “I hurt my shoulder at work and filled out an injury report. Isn’t it up to my employer to fill out a workers’ compensation claim for me?”
Illinois Workers Comp Lawyer: “Worker’s compensation in Illinois is an adversary system. There’s very little that the employer has to do in terms of procedure to help you with your case. The employer does have an obligation under the law and under their contract of workers’ compensation insurance to inform the insurance company that they have had an accident on the job. They do not have to file your claim for you, that’s up to you!
Most people hire an Illinois personal injury lawyer who specializes in Workers Comp to file the claim. Some do not. My personal recommendation is that people with legal cases should be represented by council.
The claim has to be filed with a special court – the Illinois Workers Compensation Commission. It has offices in Chicago, and it holds hearings throughout the state of Illinois.
There is a statute of limitations for worker’s compensation claims. The statue of limitations requires that a claim for work injuries be filed with the Worker’s Compensation Commission within three years from the date of the accident, or within two years from the last payment of compensation benefits, whichever occurs later. If you don’t file your claim within the statute of limitations, in most cases, you will lose all your rights under Worker’s Compensation laws, and your employer will owe you nothing for your injuries.”
It is in your best interest to seek representation from a Chicago personal injury attorney if you are filing a workers compensation claim in Illinois. Personal injury lawyers will help you receive full compensation according to the law.
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