If you were injured on the job in Naperville or elsewhere in Illinois, you may be entitled to workers’ compensation benefits—but those benefits aren’t guaranteed just because you were hurt at work. There are strict deadlines that apply to various steps of the work injury claim process. If you miss one, you could lose your right to collect benefits entirely.
So, how long do you have to file a workers’ compensation claim in Illinois? Reach out to our lawyers at Chute, O’Malley, Knobloch & Turcy in Naperville to find out how to protect your claim, your recovery, and your future.
What’s the Deadline to Report a Work Injury in Illinois?
In Illinois, you must notify your employer of the injury within 45 days of the workplace accident. This is your first legal deadline, and missing it can put your entire claim at risk.
This doesn’t mean you need to file paperwork with the state within 45 days, but you do need to let your employer—or a manager or supervisor—know that you were injured while performing your job duties. Ideally, you should report the injury in writing, even if it’s not required. That documentation can become critical if your employer later disputes your version of events.
If your injury developed over time—like a repetitive stress injury or a work-related illness—you must report it within 45 days of discovering the condition and realizing it was caused by your job.
When Do You Have to File a Workers’ Compensation Claim?
After notifying your employer, you have up to 3 years from the date of the injury to file an official Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWCC). This is the legal document that preserves your right to pursue benefits if a dispute arises.
However, waiting three years is risky. If your employer denies your claim or tries to minimize your benefits, you’ll want legal protection sooner—not later. The earlier you involve a qualified Naperville workers’ compensation attorney, the stronger your claim will likely be.
Important:
You must meet both deadlines—the 45-day notice period and the 3-year IWCC filing window—or your claim may be denied.
What If My Claim Involves a Death or Occupational Disease?
If you’re filing a claim on behalf of a loved one who passed away due to a work-related injury or illness, you have two years from the date of death to file the claim with the IWCC.
Claims involving occupational diseases, like cancer or respiratory illness caused by toxic exposure, can involve different timelines. The key trigger is usually the date you knew or should have known that the condition was work-related. These cases are often heavily contested, so you should speak to a workers’ comp lawyer as soon as a diagnosis is made.
Why You Shouldn’t Wait to File Your Claim
Even if you’re technically within the statute of limitations, waiting too long to report your injury or file a claim can weaken your case. Delays raise red flags for employers and insurers, who may argue that your injury didn’t happen at work—or that it’s not as serious as you claim.
Acting quickly gives your legal team more time to:
- Investigate the accident
- Preserve medical records and workplace evidence
- Protect you from retaliation or pressure to return to work too soon
- Negotiate a full and fair settlement if your employer pushes back
Filing early also puts pressure on the insurer to act in good faith. The longer you wait, the more power they have to control the narrative.
When Should I Talk to a Workers’ Comp Lawyer in Naperville?
You should talk to an attorney as soon as possible after a work injury—especially if your employer is uncooperative or your benefits are delayed. At Chute, O’Malley, Knobloch & Turcy, we help injured workers in Naperville and throughout DuPage County navigate the workers’ compensation process from start to finish.
You don’t need to face complicated paperwork, deadlines, or the insurance company alone. Our team will step in, advocate for your rights, and fight to recover the benefits you’re owed under Illinois work injury law.
Don’t Miss Your Window to File. Call Us Today
Whether you’ve just been hurt or you’ve already hit a roadblock in your workers’ comp claim, time is not on your side. Every day that passes is a day the insurance company gets ahead of you. Contact Chute, O’Malley, Knobloch & Turcy today to schedule a free consultation with our Naperville workers’ compensation lawyers.
Call 312-775-0042 or reach out online to get started.