Gridley, IL asked in Workers' Compensation for Illinois

Q: Is there a time limit in Illinois to seek medical aid with a on the job injury?

Fell on shoulder at work. Filed paperwork about injury but did not feel need for medical aid at the time. Have pain off and on for seven months. Want to see doctor and am told I waited too long and workmans comp will not pay the bill. Is this right?

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2 Lawyer Answers
James G. Ahlberg
James G. Ahlberg
Answered
  • Workers' Compensation Lawyer
  • Rochelle, IL
  • Licensed in Illinois

A: The insurance company's perspective is that since you went without treatment for seven months you must not have suffered an injury needing treatment. In their eyes, the fact you need treatment for the first time seven months later indicates you suffered a re-injury that they are not responsible for but that you are trying to stick them with. These can be tough cases for the injured party's attorney. Your best bet is to contact an attorney immediately and explain the situation to him or her. It will help if you can establish a history of complaining about your shoulder at work during the seven months you went without treatment.

Peter C. Wachowski
Peter C. Wachowski
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Park Ridge, IL
  • Licensed in Illinois

A: No. As long as the accident is reported within 45 days you have three years to file a claim from the date of accident. It is OK if it took seven months to treat, in theory, but it would be slightly suspect. I recommend contacting an attorney.

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