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What is the deadline to file a workers' compensation claim?
If you file a workers' compensation claim after the statute of limitations expires, or fail to provide notice to your employer within the time set forth in the Act, you will likely waive your right to receive any benefits.
In general, you must notify your employer of the accident within 45 days.
You are also generally required to file a claim before one of these two deadlines, whichever is later:
- Within three years after an on-the-job injury, death or disablement, OR
- Within two years of the last payment of a medical bill or TTD benefit.
Some cases have different deadlines.
- Asbestos exposure: File within 25 years after the last exposure.
- Death: File within three years of the death, within two years of the date of the last compensation payment under the Workers' Compensation Act, or within three years of the date of the last compensation payment under the Occupational Diseases Act, whichever is later.
- Occupational disease: In most cases, unless an occupational disease causes a disablement within two years of the date of the last exposure, no compensation is payable.
- Pneumoconiosis: File within five years after the last exposure or last payment.
- Radiation exposure: File within 25 years after the last exposure.
If you have been injured in a work-related accident, don't wait to file for benefits. Consult an attorney and file a claim as soon as you can.
If you or a member of your family has been injured in a work-related accident, we can help. Contact the experienced workers' compensation attorneys at Drake & Collopy, P.C. online or call us at 312.345.0220, or toll free at 1.888.372.5355, for more information or to schedule a free consultation.
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