There are several important steps the injured worker
must take in order to protect and preserve their right to receive
Workers' compensation benefits. By following these steps, the injured
worker can greatly increase the chances of a successful outcome of their
claim.
STEP #1-
Upon sustaining an on-the-job injury, you must give notification of the
accident to someone in a supervisory capacity within forty-five (45)
days of the accident. Although the Act provides you with forty-five (45)
days to report the accident, we strongly recommend that you give notice
of the accident to a supervisor as soon as possible. Notice can be given
to a supervisor either orally or in writing. We recommend that you
provide notice to a supervisor by completing an accident report form.
Never sign a blank accident report form and retain a copy of the
completed accident report for your records. Failure to provide your
employer with notice of your accident could jeopardize your Workers'
Compensation claim.
STEP #2-
After an on-the-job injury, you must file an Application for Adjustment
of Claim form with the Illinois Industrial Commission within three (3)
years of the date of accident or within two (2) years from the last
payment of weekly benefits (T.T.D) whichever is later. This is known as
the Statute of Limitations. If the Application for Adjustment of Claim
form is not filed with the Illinois Industrial Commission within the
Statute of Limitations, you will loose all the rights and benefits
provided by the Act. Remember, filling out an accident report form is
not considered filing of your claim with the Illinois Industrial
commission.
STEP #3-
After reporting your on-the-job injury to your supervisor, you may be
contacted by your employer's Workers' Compensation insurance carrier
requesting a statement detailing the circumstances of your accident. The
Act does not require you to give a statement in order to receive
Workers' Compensation benefits. Furthermore, any statement can be used
against you by the insurance company to dispute your claim for Workers'
Compensation benefits.
