Business & Work
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If you have a work-related injury or occupational disease, you may be eligible for workers' compensation benefits. Workers’ compensation is a no-fault benefits system paid by employers to workers who experience a work-related injury or occupational disease.
The Illinois Workers' Compensation Commission (IWCC) is the administrative court system that resolves disagreements about workers' compensation benefits.
As an employee, you can hire an attorney or represent yourself before the IWCC. If you plan to file a claim without the help of a lawyer
letter from the Illinois Workers’ Compensation Commission (IWCC) and review the IWCC's resources for Pro Se Litigants. There is no fee to file your claim.
In most cases, you must file your claim within three years after the date of the accident, or within two years from the last benefits payment you received, whichever is later.
For example: If you were injured on January 1, 2023, and were receiving compensation payments until they stopped on December 31, 2024, then you have two years from the date your last payment was received to file your claim. You must then file your claim before December 31, 2026.
Report your injury to a supervisor, or someone acting as a supervisor, as soon as you can. You can tell them orally or in writing. If you wait more than 45 days after you are hurt, you may lose all of your benefits.
There are two other special time limits. These time limits are different because you may not know about them right away:
- Radiation: 90 days after you know or suspect that you received an excessive dose of radiation, and
- Job-related diseases: as soon as possible after you are aware of the condition.
To avoid problems, it's best to give your employer written notice. You should include:
- The date and place of the accident, if you know it,
- A short description of the accident, injury, or disease, and
- Your name, address, and telephone number.
Notice given to a co-worker is not notice to your employer, unless your co-worker is in management.
If you don't have an existing case, skip to Step 3. If you do have an existing case, follow the steps below to access your already active case.
IWCC uses an electronic filing system called CompFile. You must electronically file all cases and documents in CompFile. To access your existing case in CompFile, you must:
- Have a valid email address.
- Complete an Appearance of Representative - Pro Se form. You can submit your Appearance form in either of these two ways:
- By mail. If you mail your Appearance form, you must have the form notarized. After the IWCC gets your form, they will confirm your case, create your CompFile account, and send you a verification email.
- In person. If you deliver your Appearance form in person, you will have to show an ID so the IWCC knows it's you. Then, the IWCC will create your CompFile account and send you a verification email.
- Find the verification email. Follow the email instructions to complete your CompFile registration. Then, you can go to the CompFile homepage, click "Cases," and see your case.
All cases must be filed in CompFile, the IWCC's electronic filing system. To file a workers' compensation
case in CompFile, complete the following steps:- Have a valid email address.
- Go to the CompFile website. Click "Register."
- Complete the registration form. For user type, choose "pro se ." That means that you do not have an attorney and are representing yourself. Be sure to fill out all the required fields. After you register, IWCC will send you a verification email.
- Find the verification email. Follow the email instructions to complete your CompFile registration. Then, you can go to the CompFile homepage, click "Applications," and find the "Application for Adjustment of Claim" form.
- File and Application for Adjustment of Claim.
Remember, you have 45 days to notify your employer of your injury or illness and three years to file a claim with the Commission. These two time limits are separate. Do not wait more than 45 days to notify your employer, even if you plan to file a claim with the Commission.
After you file your Application for Adjustment of Claim, you can monitor your case in CompFile.
The IWCC will send you a notice that the case was filed. The notice will give you information about the:
- Arbitrator assigned to your case, and
- Date of your first status call.
After the first status call, your case will automatically be set for a new status call every 3 months. You will not receive a notice of the next call date, so you must keep track of later status call dates. You can check your future status call dates on CompFile.
During the first three years of your case, the case will be continued or rescheduled until the next status call. You and your employer do not need to attend the status calls unless you or your employer:
- Asks for a hearing , or
- Asks the arbitrator to act on your case.
If one of you asks for a hearing or asks the arbitrator to act, then you must attend the status call.
After three years, you must go to each status call. Your case will be scheduled for a hearing or dismissed
, unless you request in writing that the case be continued for good cause .When you go to your hearing, be prepared to show evidence
that proves your eligibility for workers' compensation benefits. This includes your employment status at the time of the accident, a connection between the injury and your employment, and adequate notice provided to your employer.One-sided or "ex parte" communication with the arbitrator is not allowed. This means you cannot speak to the arbitrator about your case outside of a status call or hearing. Any communication between you and the assigned arbitrator should be in writing, with a copy of the communication sent to either the opposing party
or that party's attorney.If there is an emergency and you need a quicker decision, you can request a 19(b) hearing. Section 19(b) of the Illinois Workers’ Compensation Act allows you to ask for an immediate hearing to consider whether you are owed medical or compensation benefits. You can ask for a faster hearing by filing a “Petition Handbook on Workers’ Compensation and Occupational Diseases.
for an Immediate Hearing Under Section 19(b)” in CompFile. You cannot ask for a faster hearing if you have returned to work and are claiming less than 12 weeks of unpaid benefits. Learn more about 19(b) hearings in theIWCC cannot give legal advice. However, they can explain procedures and answer [email protected].
your questions. You can contact the IWCC for help by phone at (866) 352-3033 or by email atWorried about doing this on your own? You may be able to get free legal help.