There are two potential statute of limitations dates for worker’s compensation cases in Illinois. They are:
· Three years from the date of when the injury happened or when the injury was discovered; or
· Two years from date of the last payment of benefits.
Computing the three year date is frequently easy to do, especially with traumatic injuries. For example, if you step off a ladder at work and break your ankle, the statute of limitations is three years from that date. For cases like involving injuries like work related carpal tunnel syndrome, the statute of limitations begins to run when you receive the diagnosis and have reason to believe that it was work-related.
With regard to the two year statute of limitations date, that applies where the employer of their insurer is voluntarily paying worker’s compensation benefits and then stops. For example, if you are off work for two years with your employer paying your medical expenses and TTD benefits and then they suddenly stop, you would have two years from the date of the last benefit you received to file your claim, even though it is still more than three years from the date of your actual accident.
Filing a worker’s compensation claim is free, so if you have any concern about whether the statute of limitations will affect your worker’s compensation case, you should file your case in the Worker’s Compensation Commission as soon as possible.
