Legal Question in Workers Comp in Illinois

Is there a statue of limitation to file for a work comp claim....My husband I believe is getting screwed...He broke his ankle in January of 2011 and just recently went on the 8th of september to the I.M.E and now is being told that it will be another 2-4 weeks to hear something....


Asked on 9/21/11, 10:20 am

4 Answers from Attorneys

Nima Taradji Taradji Law Offices

Generally, the statute of limitation for a worker's compensation claim is three years from the date of the incident. I never recommend making a WC claim without the help of an attorney. In such a claim no one is on the side of the victim and the only way to make sure that your husband's interest is properly protected is to have an attorney working for him on his side. A WC attorney works on a contingency basis (maxed at 20%) and generally it doesn't cost anything to have an initial consultation.

I hope this helps-

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Answered on 9/21/11, 10:25 am
Mike Helfand IllinoisLawyers.com

The time limit is three years from the accident, but you shouldn't be waiting this long for an answer. Filing a case with a lawyer will force their hand and gives him the best chance of getting his benefits.

If you would like our help, call me at (312) 346-5578 or see illinoisworkerscomplaw.com for more info.

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Answered on 9/21/11, 10:28 am
Jeffrey Friedman Law Office of Jeffrey Friedman

There is a statute of limitations, but your concerns appear to deal with other things. Feel free to contact my office at 312-357-1431 if you would like to discuss this matter.

Jeff Friedman

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Answered on 9/21/11, 10:48 am
Jason Marker Marker & Assosiates, Attorneys at Law, P.C.

The statute of limitations on a work injury is three years, however; if the insurance company has set an IME and "changed their tune" as you suggested, you likely need representation immediatley. Having handled work injury cases for over ten years, typically when the insurnace carrier sets an IME, they are doing so because they want to cut off your benefits or determine they should not continue paying for your medicla care. Many times, there is no good basis for cutting off these benefits and an experienced attorney can help you navagate through these issues with the insurance company - without interrupting your benefits. Alternatively, the insurance company remains insistant on cutting off benefits, an attorney can file an immediate hearing to attempt to get these benefits paid for you.

Feel free to contact me if you have any questions. My office offers a free consultation. 630-759-7000.

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Answered on 9/21/11, 12:16 pm


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