Louisville, KY asked in Workers' Compensation for Illinois

Q: Illinois Worker's Compensation late claim past the due date questions.

If I was on an unpaid leave of absence with my employer is that considered as still being an employee for the company? As far as the original injury goes, the symptoms first appeared in early Nov. 2017 and an MRI told us what was going on for sure in Dec. 2017. Herniated disc, bulging disc, sciatica, lower lumbar back pain. I used Illinois Medicaid insurance for all the medical bills besides cash I used for out of network care briefly. If I came back to work briefly and after I was off work I was on an unpaid leave of absence until I quit in April 2022, still got back treatment, and it was paid by Medicaid, if a doctor would tell me and give me a note that says that my injury was work related and other treatment I got was injury related, would that qualify as being able to file a worker's comp claim in Illinois?

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

A: The most common way to date an injury from repetitive stress trauma (wear and tear) is to use the first day that you went to seek medical attention. For you, that is going to be some date in 2017 so the statute of limitations is going to be the same date in 2020. Remember that in addition to the three-year statute of limitations, you must provide some notice to your employer that you sustained a work-related injury within 45 days. If you provide no notice to your employer until 60 days your claim would not be timely even if you filed it two months later. BOTH conditions must be met.

It is also important for you to understand that for an injury to be compensable under the Illinois Worker's Compensation Act, the injury must have been sustained in the course and scope of your employment. For example, if you work Monday through Friday, there is no question that you are still an employee of the company on Saturday and Sunday. That said, if you are injured on Saturday or Sunday other than working overtime for your employer, the injury is not compensable under the Illinois Worker's Compensation Act. I am telling you this by way of explanation that whether you were an employee during the period of unpaid leave has absolutely nothing to do with your analysis of whether your reporting of the injury or your filing of a claim is timely.

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.