It is highly recommended that you file your claim with the help of a lawyer.
If you plan to file a claim without the help of a lawyer, please read the letter from the Illinois Workers’ Compensation Commission (IWCC) and follow the steps below. There is no fee to file your claim.
You must file your claim within 3 years after the date of the accident, or within 2 years from the last compensation payment you received, whichever is later.
For example: If you were injured on January 1, 2014, and were receiving compensation payments until they stopped on December 31, 2015, 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, 2017.
1. File your Application for Adjustment of Claim
- File an Application for Adjustment of Claim no more than 3 years from the date of injury.
- Answer all questions on the application.
- Complete the Proof of Service section on the back of the Application for Adjustment of Claim, including the employer's name and address. Your signature must be notarized.
- Mail or deliver a copy of the signed application to your employer.
- Send or deliver three copies of the signed application to:
- Illinois Workers' Compensation Commission, 100 W. Randolph St. #8-200, Chicago, IL 60601.
- Keep one copy of the signed application for your records.
Remember, you have 45 days to notify your employer of your injury or illness and 3 years to file a claim with the Commission. These 2 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.
2. Keep track of your claim
After you file your Application, the Commission will mail you and your employer a Notice of Hearing. The Notice of Hearing will give you information about the:
- Arbitrator assigned to your case
- 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 the status call dates by checking the status of your case on the IWCC website.
You and your employer do not need to attend these status calls unless one of you:
- Asks for a trial; or
- Asks the arbitrator to act on your case.
If one of you asks for a trial or asks the arbitrator to act, then you must attend the status call.
This will happen for the first 3 years. After 3 years, your case must go to trial or be dismissed, unless you can show good reason why your case (now called a red-line case) should stay open. To keep your case open and not go to trial, you must:
- Go to the status call;
- Complete the Arbitration Case Information Sheet; and
- Explain why the case should not go to trial and should not be dismissed.
You will need to do this for every status call after the first 3 years your case is open.
Updated: August 2017