Steps to protect your right to receive Workers’ Comp benefits

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.