How Long Do I Have to Sue for Work Related Injuries?

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You’re hurt at work. You may have a right to financial compensation through a workers compensation claim or a personal injury claim.

It’s important to get working on your claim right away. In fact, there are time limits that apply. Our personal injury attorneys explain time limits to sue for work related injuries.

How long do you have to sue for work related injuries in Illinois?

How long you have to sue for work related injuries in Illinois depends on the type of claim you are bringing. To claim workers compensation, you have 45 days to report the injury to your employer. The statute of limitations extends two years for third-party personal injury claims and up to three years to challenge workers compensation benefits.

Time limits vary based on the type of claim you are making:

Workers Compensation

  • 45 days to report the injury to the employer
  • 2 years from the last disability payment or medical payment – to challenge workers compensation benefits
  • 3 years after date of injury – to challenge workers compensation benefits

Personal Injury Claim

  • Two years – The two-year time limit applies to both car accidents and other kinds of workplace accidents

Claims Against a Government Unit

  • One year – To notify the Attorney General and the Clerk of the Court of Claims, and to file a lawsuit with the Court of Claims
  • Two years – To formally file a claim, even if the victim provides notice first

Timelines for workplace injury suits in Illinois

The timeline to sue for a workplace injury depends on the type of claim you have. If the claim is through workers compensation, you must report it to your employer within 45 days. Then, if you’re unhappy with the insurance company’s determination of your benefits, you have two years from the last payment date or three years from the date of injury to challenge the decision.

Personal injury claims have a different timeline. These are claims against third parties, other than your employer, for negligently contributing to the accident. If you pursue a lawsuit for personal injury compensation, you usually have two years to begin the claim. The timeline can be extended if the injury isn’t known immediately, which may be true in cases of occupational illness.

If the lawsuit is a personal injury claim against a government entity, there are some special rules that apply. You must provide a special notice to the government of your intent to bring a claim. The notice must include the facts, details and contact information of those involved so that the state can investigate.

How can an attorney help me?

If you have been hurt at work, complying with time deadlines is a key part of winning your case. An experienced attorney knows these deadlines that apply to the different types of clams. They can work through the paperwork quickly to get your case filed on time. In addition, they know all the steps to make your claim a success.

Attorneys for Work Related Injury Lawsuits

Our workers compensation lawyers and personal injury lawyers are accepting new cases. Contact us today to talk about your work-related injury lawsuit.

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