How to Report an On-The-Job Injury
In the state of Illinois, personal injury lawyers who specialize in Worker’s Comp cases are extremely familiar with the process of reporting a work accident or injury. To assist you in protecting your rights according to the Illinois Workers Compensation Act, our Chicago personal injury attorney answers the following common questions related to reporting an injury:
- When should I report my injury?
“You should report your injury immediately, even though the law allows you more time to do so. Delays in reporting may create suspicion on the part of your employer, which increased the chance that the employer will dispute your case.
“In most cases, you must notify your employer of the injury within 45 days after the accident occurred. Injuries caused by repetitive work activity with no specific traumatic accident must be reported within 45 days of the date in which the condition first became apparent. Radiation injury must be reported within 90 days after you suspect that you were exposed to radiation. Occupational diseases must be reported as soon as practical once you become aware of the condition. DELAY IN REPORTING AN INJURY OR DISEASE CAN RESULT IN LOSS OF ALL BENEFITS.”
- Whom should I notify? “You should notify a person in a position of authority, such as a supervisor, foreman, safety director, dispatcher, personnel director, owner, corporate officer, company nurse, plan physician, or member other member of management.”
- Must the notice be in writing?
“Oral notice is allowed, but it is to your advantage to fill out a written accident report. Otherwise, it is possible that your employer may later deny that you gave oral notice of your injury.
Note: It is very important that you request a copy of your written notice at the time of completion and submission. You should keep a file of ALL communication regarding your work-related injury or disease, including the names and dates of any insurance company, claims adjuster, case manager or insurance company nurse who contacts you.
- What should the notice include?
“Notice of injury should include the date and place of the accident, if known. To avoid delays, we also recommend that you include your full name, address, telephone number, Social Security number, date of birth, and a brief description of the injury, accident or disease.”
If you have questions about your Workers’ Compensation case in Illinois, personal injury attorneys are here to help.
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