Q: Can this information help someone create an Illinois worker's compensation case way past the 3 year deadline?
I looked through my medical records and I did find one progress note that does say specifically that my symptoms, and the symptoms were specified, were due to an accident at work. The biggest problem is the progress note says that began in 03/2018 when my symptoms first appeared in 11/2017 and an MRI with the results in 12/2017. I want everyone to keep in mind that I used Illinois Medicaid insurance for all medical treatment besides something else I paid for in cash. I was also on short term disability from the time I was off work for 1 year. I never got any worker's compensation paperwork and no one filed a worker's comp case for me. Besides that I did come back to work briefly and went on an unpaid leave of absence until 4/2022. Since I don't want to just keep putting in "pieces" of details on this website, if any lawyer can help me out and responds to this message I would appreciate it. The time frame being much past 3 years is my biggest issue.
A:
On your facts, there is nothing that can be done. The ONLY way to extend the statute of limitations for work injury beyond three years is to receive "compensation" (usually in the form of medical benefits) from an employer-sponsored group health insurance program within two years of filing the claim. Even then, you must have notified your employer within 45 days that you injured yourself at work.
If all of your medical care was billed through Medicaid or paid in cash, there was no opportunity for you to extend the SOL. Given that you have blown the SOL, the discrepancies in your medical records are inconsequential. I sincerely wish that I could be more encouraging.
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