Legal Question in Workers Comp in Illinois

Re: Worker's Compensation

Your question is not as simple as it sounds.

The States does not require a specific form in order to collect, or initiate, benefits under the Act.

If benefits do not begin "automatically" (more accurately "unilaterally") after the accident, an attorney often files an "Application for Adjustment of Claim" form to begin the benefit process.

However, and this is a very important however, that specific "Application for Adjustment of Claim" form MUST be filed before the Statute of Limitations runs, which is generally three years from the date of accident.

Exceptions to the general three-year rule can be:

If you have previously received benefits for THIS accident without filing the claim, you may have some additional time to file the Application form.

If your injury was caused by repetitive trauma (carpal tunnel, etc.) or is an occupational disease the date of the three years depends LESS on the "accident" date and MORE on the manifestation of the problem combined with your knowledge of the cause of that problem.

As there are many, many different scenarios, if you provide me with your specific factual situation I will be happy to give you a more particular answer.

Thanks,

Matt Belcher

Re: Worker's Compensation

Dear Sirs

A report of accident should be filed within 45 days of an accident.

Please contact our office should you wish to discuss.

Many thanks.

John C. Wunsch

Re: Worker's Compensation

If you are considering filing a "form" in order to protect your rights under the worker's compensation law, I strongly advise you to reconsider. If I were you I would contact a worker's compensation lawyer in the area where you live and make an appointment for a consultation. Most attorneys will not charge you for the time it takes to discuss your situation and advise you concerning your options. If you do have a claim that is worth pursuing, the attorney will agree to represent you on a contingent fee basis which means that you will pay the attorney nothing out of your pocket. The attorney will help you maximize your compensation and wait until the claim is resolved before being paid. If you do not know an attorney to talk with, you might call me and I will be happy to refer you to one of the very best.