Louisville, KY asked in Workers' Compensation for Illinois

Q: Covid-19 time extension for Worker's Compensation Illinois.

Does anyone know if when Covid 19 started the U.S. lock down that there were exceptions, extensions, etc. for filing late worker's compensation claims in Illinois?

Related Topics:
1 Lawyer Answer
Charles Candiano
Charles Candiano
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: To the best of my knowledge, no statute of limitations was extended as a result of the pandemic. If the three-year SOL for filing your claim ran during the last two weeks of March when the Commission was closed, you would have a strong argument for being able to timely file your claim on April 1, 2020. It is not possible to provide a more accurate answer to such a general question. At that time, everything was manually file-stamped by Commission employees only. Copies of the file stamped materials were then transferred to data entry were each document was manually entered. I can't say that I remember the situation at that time but I do recall that by September, 2020, filings were at least a week behind. What I am saying is even if you physically tendered a document on September 1, 2020, it is entirely conceivable that it would not be file-stamped until September 10, 2020. To the best of my understanding, a significant backlog remained until electronic filing was implemented on April 21, 2021. If you had a time-sensitive filing during that year, you needed to contact someone in authority at the Commission. It was a mess.

In 2020, an emergency amendment was added to the Illinois Worker's Compensation Act which created a rebuttable presumption that front-line workers who contracted Covid 19, contracted it through their work. This amendment was struck down by the courts.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.