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Illinois Workers Compensation Commission

From the Illinois Workers Compensation Commission

Q..

Who should the injured worker notify?
A.

The employee should inform the employer promptly. The law requires the employee to notify the employer of the date and place of the accident, if known.

Notice may be given orally or in writing. To avoid problems, we recommend the employee give the employer a written notice containing the following items:

a) The date and place of the accident;

b) A brief description of the accident, injury, or disease; and

c) The employee's name, address, and telephone number.

Notice to a fellow worker who is not a part of management is not considered notice to the employer.

What are the time limits for notifying the employer?

Generally, the employee must notify the employer within 45 days of the accident. Any delay in the notice to the employer can delay the payment of benefits. A delay of more than 45 days may result in the loss of all benefits. For injuries resulting from radiological exposure, the employee must notify the employer 90 days after the employee knows or suspects that he or she has received an excessive dose of radiation. For occupational diseases, the employee must notify the employer as soon as practicable after he or she becomes aware of the condition.

How is a claim opened at the Commission?

The worker must file three copies of the Application for Adjustment of Claim, along with a Proof of Service stating that a copy of the application was given to the employer. Claims may be filed by mail or in person at any Commission office. There are no fees for the forms or to file a claim.

What happens after a claim is filed?

The Commission assigns a case number and an arbitrator to the case. In Cook Country, cases are randomly assigned among the Chicago arbitrators; downstate, cases are assigned to the hearing site closest to the site of the accident. The case is set on an automatic two-month cycle. Every two months, the case is set for a status call. At the call, the parties may request a trial. If neither party requests a trial, the case is continued for another two months. This rotation continues for three years. For the first three years after a case is filed, it is the parties' responsibility to move the case along. After three years, the arbitrator may dismiss the case unless the parties show there is a good reason to continue it. It is important to realize that each arbitrator is responsible for thousands of cases, cannot monitor individual cases, and has no information as to whether benefits are or are not being paid. It is the parties' responsibility to track the case and take action when appropriate.

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Areas of Practice Include:

Personal Injury

Missouri Personal Injury

Illinois Personal Injury

Fire Litigation and Subrogation

Missouri Workers Compensation

Illinois Workers Compensation

Auto and Trucking Accidents

Wrongful Death

Premises Liability

Traffic Offenses

Business Formation and Litigation

Medicare Secondary Payer Recovery