Louisville, KY asked in Workers' Compensation for Illinois

Q: Exceptions to the 3 year statute in Illinois to file a claim for Worker's Compensation.

Since one of the exceptions to the three year filing deadline for Illinois worker's compensation is having a medical bill paid related to my injury within 2 years of working for that company, since I no longer work for that company but if I were to get a different kind of job with the same company in the same state but an online/remote type of job and I start receiving health benefits paid through the employer and use those health benefits to pay for some back treatment, would that qualify me to be able to have a lawyer help me file a worker's compensation claim against the company? I'm just curious.

Besides that my 3 year deadline for filing an Illinois worker's compensation claim has passed.

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

A: Not for the 2017 injury. That said, it is always possible to reinjure your back or exacerbate a pre-existing injury. If a doctor is able to relate any reinjury or exacerbation of pre-existing injury to your work activities, THAT injury would be compensable under Illinois Worker's Compensation.

§6(c): Notice of Accident to Employer

(c) Notice of the accident shall be given to the employer as soon as practicable, but not later than 45 days after the accident.

§6(d): Application Filing Periods

(d) In pertinent part:

In any case, other than one where the injury was caused by exposure to radiological materials or equipment or asbestos unless the application for compensation is filed with the Commission within 3 years after the date of the accident, where no compensation has been paid, or within 2 years after the date of the last payment of compensation, where any has been paid, whichever shall be later, the right to file such application shall be barred.

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