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?

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1 Lawyer Answer
Charles Candiano
Charles Candiano
Answered
  • 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.

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