Skip to content
NOW OPEN 24/7 Free case reviews around the clock, in English and Spanish. Hurt in Illinois? We answer nights, weekends and holidays.
Injury Support Illinois

Illinois claims

Workers' Compensation

Illinois workers' compensation does not care whose fault it was. It does care about deadlines — and one of them is 45 days.

Normal

Two things stop injured workers from claiming what they are owed: the fear of being seen as a problem, and the belief that comp is only for dramatic accidents.

Neither holds up. Illinois workers' compensation is a no-fault system, which means you generally do not have to prove your employer did anything wrong — only that you were injured in the course of your employment. It also covers far more than falls from scaffolding: repetitive-motion injuries built up over years, back injuries from lifting, hearing loss, exposure-related conditions, and aggravation of something you already had.

It is also a system with its own forum, its own paperwork and its own clock. Getting the first steps right matters more here than almost anywhere else in injury law.

Work injuries we help with

  • Construction, roofing, and trade injuries — falls, struck-by, crush, electrical
  • Warehouse and logistics injuries, including lifting and repetitive strain
  • Back, neck, shoulder, knee, and spinal injuries
  • Carpal tunnel and other repetitive-motion conditions
  • Injuries to delivery, freight, and rideshare drivers
  • Healthcare worker injuries, including patient-handling and needlesticks
  • Restaurant and hospitality injuries — burns, cuts, falls
  • Machinery, equipment, and power-tool injuries
  • Hearing loss, respiratory conditions, and toxic exposure
  • Repetitive trauma that developed gradually, with no single accident
  • Fatal workplace accidents and survivor benefit claims

The 45 days almost nobody hears about

Under Illinois law, you must give your employer notice of a work accident as soon as practicable, but not later than 45 days after the accident (820 ILCS 305/6(c)). Notice can be oral or in writing, and it needs to state approximately when and where it happened.

That is the deadline that quietly ends claims. People wait to see if the shoulder settles down, do not want to make a fuss, or assume telling a coworker counts. Tell a supervisor or manager, and if you can, follow up in writing — a text or email creates a record with a timestamp.

The filing deadline is separate and longer: an Application for Adjustment of Claim must be filed with the Illinois Workers' Compensation Commission within three years of the accident, or two years after the last payment of compensation, whichever is later (820 ILCS 305/6(d)). There is no filing fee.

For repetitive-trauma injuries with no single accident date, the timing rules work differently, which is another reason to ask rather than guess.

What Illinois workers' comp actually provides

Comp is narrower than a personal injury claim in one respect — there is generally no recovery for pain and suffering — and broader in another, since you do not have to prove fault. Benefits generally include:

  • Medical care for the work injury, reasonably required to cure or relieve it
  • Temporary total disability (TTD) payments while you cannot work
  • Temporary partial disability if you return to reduced hours or lighter duty at lower pay
  • Permanent partial disability for lasting impairment
  • Permanent total disability where you cannot return to gainful employment
  • Vocational rehabilitation and retraining in some cases
  • Death benefits for surviving family, plus burial expenses

Illinois also lets an injured worker choose their own treating physician within limits, which is a right workers frequently do not know they have and are sometimes told they do not have.

The amounts are set by statute rather than negotiated, and they are tied to what you were earning before the injury, within minimums and maximums the state revises periodically. That means the figures that apply to your claim depend on when you were hurt and what your wages were — which is a question to ask rather than estimate from a website.

When your employer pushes back

The pattern is familiar: you are told to use your own health insurance, or that there is no claim because nobody did anything wrong, or that the injury is not work-related because it built up over time, or that light duty is available when it is not. Sometimes the pressure is subtler — a sudden performance conversation, or a schedule change after you report.

Illinois law prohibits retaliating against an employee for exercising their rights under the Workers' Compensation Act. If you believe that is happening, it is worth a conversation with an attorney sooner rather than later.

One more thing worth knowing: a comp claim and a personal injury claim are not always mutually exclusive. If a third party caused your work injury — another driver, a subcontractor, a defective machine — there may be a claim against them alongside your comp claim. Sorting that out is genuinely legal work.

Where an Illinois comp claim is heard

Workers' compensation claims do not go through the regular court system. They are filed with the Illinois Workers' Compensation Commission, largely through its electronic CompFile system.

The Commission's Chicago administrative office is at the Cook County Office Building, 69 W. Washington St., Suite 900, Chicago, IL 60602, and its Chicago hearing rooms are in the Richard J. Daley Center, 50 W. Washington St., Room LL-17. The Commission also has offices in Collinsville, Peoria, Rockford, and Springfield.

Source: Illinois Workers' Compensation Commission, iwcc.illinois.gov (verified August 2026).

What we do

We are not a law firm and we do not file claims. We take your story once, in English or Spanish, at whatever hour you can talk — including after a night shift.

You get a clear explanation of the notice and filing deadlines, what to say to your employer, and what to do if you are being pushed to use your own insurance. If you are unclear on how medical treatment is supposed to work in a comp claim, ask us — that is exactly what the free review is for. Then, with your permission, we connect you with a licensed Illinois attorney in our network who handles workers' compensation. You pay us nothing.

Your Illinois comp deadlines

Notice to your employer: as soon as practicable, and no later than 45 days after the accident (820 ILCS 305/6(c)). Oral notice counts, but put it in writing if you can.

Filing with the Commission: within 3 years of the accident, or 2 years after the last compensation payment, whichever is later (820 ILCS 305/6(d)). No filing fee.

Special situations: radiological exposure carries a 90-day notice period and a 25-year filing period, and death claims run 3 years from the date of death or 2 years from the last payment, whichever is later (820 ILCS 305/6).

If a third party also caused your injury, a separate personal injury claim may apply — and that one is generally on the two-year personal injury clock (735 ILCS 5/13-202), not the comp clock.

General information, not legal advice. The 45-day notice period is the one that ends most claims before they begin. If you have not told your employer yet, do that today.

Sources: 820 ILCS 305/6(c) and 6(d); 735 ILCS 5/13-202.

Frequently asked questions

Do I even have a case?

Honest answer: we cannot tell you, and neither can any website. Injury Support Illinois is not a law firm, we do not evaluate the merits of claims, and nothing here is legal advice. Whether you have a claim is a legal question, and only a licensed attorney who has looked at your specific facts can answer it.

What we can tell you is that the reasons people talk themselves out of calling are usually wrong:

  • "It was partly my fault." Illinois uses modified comparative negligence. If your share of the fault is not more than 50%, you can still recover, with damages reduced by your percentage (735 ILCS 5/2-1116).
  • "I did not go to the hospital right away." Common, and not automatically fatal to a claim.
  • "I already talked to their insurance." Also common. Talk to someone on your side before you do it again.
  • "My injuries are not that bad." Some injuries take weeks to declare themselves. Get checked.
  • "There is no police report." Not required for a claim to exist.
  • "I am worried about my immigration status." Ask us. Illinois personal injury law does not condition your right to bring a claim on immigration status, and this question comes up more often than you would think. Any specifics belong with an attorney.

Fifteen minutes on the phone costs you nothing and answers this properly.

How long do I have to file a claim in Illinois?

The general answer is two years, and the general answer is exactly what gets people in trouble.

In Illinois, a personal injury lawsuit generally must be filed within two years of the date of the injury (735 ILCS 5/13-202). Wrongful death is generally two years from the date of death (740 ILCS 180/2).

The exceptions are shorter, and they are common:

  • A city, county, park district, school district, or other local public entity — generally one year (745 ILCS 10/8-101). A pothole, a city vehicle, a public sidewalk, a public building.
  • The CTA — generally one year (70 ILCS 3605/41).
  • A bar or liquor licensee under the Dram Shop Act — one year (235 ILCS 5/6-21).
  • Workers' compensation — notice to your employer within 45 days, and filing with the Commission within 3 years of the accident or 2 years of the last compensation payment, whichever is later (820 ILCS 305/6).
  • Injured children — the clock generally does not start until their 18th birthday, giving them until roughly age 20 (735 ILCS 5/13-211).

There are also situations where the deadline runs from when an injury was or should have been discovered rather than when it occurred, and situations involving statutes of repose that cut off claims regardless. Those are genuinely complicated and belong with an attorney.

This is general information, not legal advice, and the deadline that applies to you depends on facts we do not know. If there is any chance you are close to one, call today. A missed deadline is the one mistake in this whole process that cannot be undone.

What does this cost me?

Nothing. Not the case review, not the callback, not the connection to an attorney, not the help getting to a medical appointment. Injury Support Illinois does not bill injured people, does not charge a consultation fee, and does not take a percentage of anyone's recovery.

The attorneys we connect people with work on contingency, which means their fee comes out of a recovery at the end of the case rather than from your pocket at the start. If there is no recovery, there is no attorney fee. Those terms are set out in the written agreement you would sign with that attorney — read it, ask questions about it, and do not sign anything you do not understand.

So who pays for all this? Attorneys in our network pay us a fee to receive connections. That is our entire business model and we would rather you hear it from us on the first page than wonder about it later.

How long will my case take?

Two different clocks, and people usually mean the first one.

Getting help: about an hour. Our goal is a real conversation with a real person within an hour of hearing from you, at any time of day or night. If you ask to be connected, that usually happens the same day.

Resolving a claim: months to years, honestly. A straightforward claim with clear liability, modest injuries, and completed treatment can resolve in a few months. A serious-injury case with disputed fault, multiple insurers, or a lawsuit on file commonly runs one to two years, sometimes longer. Workers' compensation claims run on their own timeline entirely.

The single biggest factor is your medical treatment. A claim should not be valued until the medical picture is reasonably clear, because settling early means settling before anyone knows what your care actually costs.

Anyone who tells you a date from a website is guessing. What we can promise is that you will not be left wondering what is happening — you will have a person to call.

What does "no fee unless you win" actually mean?

It means the attorney's fee is contingent on getting you a recovery. No recovery, no attorney fee. It does not mean everything about a case is free forever, and the difference is worth knowing before you sign anything.

How it typically works: the attorney takes an agreed percentage of the amount recovered. If nothing is recovered, they take nothing.

Case costs are a separate line item, and this is the part people miss. Filing fees, medical record charges, deposition transcripts, expert witnesses, and investigators are costs, not fees. Contingency agreements differ on what happens to those if the case does not succeed — some firms absorb them, others may seek reimbursement. Ask that question directly, get the answer in writing, and read the agreement before you sign it.

One more question worth putting to any attorney you speak with: what comes out of a recovery before I see it? Depending on the situation, others may have a right to be repaid from it, and that affects the number that actually reaches you. We are not the right party to answer that — ask the attorney to walk you through the arithmetic before you sign anything.

And to be clear about our side of it: Injury Support Illinois never charges you anything, win or lose. We are paid by the attorneys in our network, not by injured people.

FREE · CONFIDENTIAL · NO OBLIGATION

Get Your Free Workers' Compensation Case Evaluation

Tell us what happened. A real person will review it and call you back — in English or Spanish, whichever you prefer.

This is the number we call you back on. Nobody else gets it.

Optional — but useful if you would rather read than talk.

Write it however it comes out. We read every one.

2000 characters left

Tap to talk instead of typing. Your voice goes to our transcription provider to turn it into text, and is not kept.

Free, confidential, and no obligation. Most people hear back within the hour.

Injury Support Illinois is not a law firm and does not provide legal advice. Submitting this form does not create an attorney-client relationship. Participating attorneys pay to receive connections.

45 DAYS IS NOT LONG

Find Out What You Are Owed Before the Clock Runs.

Two minutes to tell us what happened. Free, confidential, and your employer does not hear about it from us.

Free · Confidential · Se habla español