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Illinois law requires employers to provide workers' compensation insurance for almost everyone who is hired, injured, or whose employment is localized in Illinois. Sole proprietors, business partners, corporate officers, and members of limited liability companies may exempt themselves.
Many cases can be resolved by challenging the denial directly with the insurance company with an appeal letter prepared by a lawyer. When the insurer will not budge or uses an unlawful or incorrect reason to deny your claim, appealing to the IWCC and using an arbitrator becomes necessary.
You must report your work injury to your boss within 45 days in Illinois. Generally, if you're injured on the job, you must file a claim for benefits under the Illinois Workers' Compensation Act within three years of the date of the injury (or within two years of the last payment of benefits, whichever is later).
The Illinois statute has set 20% as the fee for workers' compensation cases, which is always the amount we charge as a contingency fee. You will never see a higher fee for these types of cases.
Although we always encourage that you first attempt to mend the relationship, if you are unhappy with your current Illinois workers' compensation lawyer you may discharge your current lawyer and hire another Illinois workers' compensation lawyer.
ILLINOIS FORM 45: EMPLOYER'S FIRST REPORT OF INJURY.
Your employer will also start the process with the insurance provider. Employers must accept or deny an injury claim within 14 days if the injury has caused you to miss three or more days of work. The employer has 30 days to file an accident report with the Illinois Workers' Compensation Commission.
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.