Q: Is there any way I can file for Illinois worker's compensation 3 years past the deadline?
My lower back pain first started in early Nov. 2017. I saw a doctor after it didn't go away after a few days and reported it to my boss and supervisor. I worked at a grocery store for a long time moving the big and heavy things. No one ever gave me worker's comp papers or filed a claim. I only reported things to my boss/supervisor orally. I also did get lots of medical treatment. The doctors never explicitly told me that my injuries were work related. If a doctor were to tell me it was work related at this point or I got an exception for filing worker's compensation at this point would I still be able to get help filing a worker's comp claim or is it just too late at this point?
A: It depends. There are two components to timely filing a Worker's Compensation claim. You must provide notice to the employer within 45 days AND you must file an application for adjustment of claim within three years OR within two years of the last medical care provided under an employer-sponsored group health insurance plan. If you still work for this employer and you received medical care for your back less than two years ago, on your facts you can still file a claim, provided that your doctor is able to provide a nexus between something that happened at work and the injury that you sustained. You have told us of no specific incident and you have provided no specific diagnosis so it is impossible for anyone to tell you whether any claim that you may be able to make is viable. Good luck. Don't wait!
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