Illinois Petition to Reinstate for Workers' Compensation

You must notify your employer of the accidental injury or illness within 45 days, either orally or in writing. To avoid possible delays, it is recommended the notice also include your name, address, telephone number, Social Security number, and a brief description of the injury or illness.

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.

These benefits are two-thirds of the difference between what you're earning in your new job and what you would be earning at your pre-injury job. The payments will stop after five years or when you turn 67, whichever happens later.

The 19(b) petition is filed with the Commission and a copy is sent to your employer. The employer has 15 days to respond. Your attorney will start to prepare your case for the hearing. At the hearing, the arbitrator will determine whether you are entitled to benefits and sign an arbitration decision.

The statute of limitations for filing claims in Illinois is three years from the date of the accident or two years from the last date of payment of compensation wherein he has been paid, whichever shall be later.

Approximately five percent of workers' compensation cases go to trial.In absence of any evidence, the employee may lose the case, so it is essential for the employee to prepare all evidence before the trial starts. The judge reviews evidence, rules on objections, and provides a ruling after the trial.

Whether your workers' compensation case goes to trial depends on whether the work comp carrier has denied your claim for claim or refused to provide benefits you're entitled to.Within 14 days after receipt of a PFB, the carrier must either pay the requested benefits, or file a response to the Petition.

After you report your injury or illness, you'll usually have to file a workers' comp claim with the state workers' comp agency (although your employer may take care of this step in some states). The deadlines for filing claims are typically in the range of one to three years after the injury.