Legal Question in Workers Comp in Illinois

You have 3 years from the date of the accident on the job to file your claim - which would be past-due at this point. Even though the insurance company may have opened a claim, this does not mean a claim was actually filed with the Illinois Workers' Compensation Commission, which is what needs to happen to stop the statute of limitations from running.

There is one possibility that you may still have the ability to file a claim however. The law says you have 3 years from the date of your accident OR 3 years from the payment of any benefits you might have received - whether those be medical or for time off work. Therefore, if the insurance company was paying for medical benefits or time off that went into 2007 - past 3 years from today's date, you could still file your cliam as these would toll the statute from running. This is something I would highly recommend discussing with an experienced workers' compensation lawyer who might be able to review your file to determine of your statute of limiations has been exhausted. Feel free to contact me if you have any other questions and good luck.