How to File a Workers' Comp Claim in Illinois
Illinois has a high denial rate for workers' comp claims, making thorough documentation especially important. Here's how to file correctly.
In this guide:
Step 1: Report Your Injury to Your Employer
Notify your employer within 45 days of the injury. Illinois gives you more time than most states, but don't wait — report immediately.
Put it in writing: date, time, location, what happened, and what body parts are injured. Keep a copy.
Step 2: Get Medical Treatment
In Illinois, you have the right to choose your own treating physician — up to 2 choices of doctor (plus referrals from those doctors).
- - See a doctor promptly and tell them the injury is work-related.
- - Your doctor's records are critical evidence. Be thorough and accurate when describing your injury.
- - The insurer may ask you to see their doctor (Independent Medical Exam — IME). You must attend, but this doctor works for the insurer.
Step 3: File an Application for Adjustment of Claim
File an Application for Adjustment of Claim with the Illinois Workers' Compensation Commission (IWCC). You have 3 years from the injury date (or 2 years from the last compensation payment, whichever is later).
The application is filed at the IWCC office closest to where the injury occurred or where the employer is located.
What the form asks: - Employee and employer information - Date and description of injury - Body parts affected - Compensation sought
Step 4: Benefits
Temporary Total Disability (TTD): 66.67% of your average weekly wage. Paid for as long as you're unable to work (no arbitrary cap in Illinois).
Temporary Partial Disability (TPD): 66.67% of the difference between your current earnings and your pre-injury average.
Permanent Partial Disability (PPD): Based on the nature and extent of your permanent impairment.
Medical: All reasonable and necessary medical treatment. There is no cap on medical benefits in Illinois.
Note: Illinois has one of the more generous workers' comp systems — no cap on medical or TTD duration.
Dealing With Denials
Illinois has a high denial rate. Common reasons: - Employer disputes the injury happened at work - Insurer claims a pre-existing condition caused it - Late reporting - Inconsistencies in your medical records
Appeal process: 1. Arbitration hearing before an IWCC Arbitrator 2. Commission review by the full IWCC 3. Circuit Court appeal 4. Appellate Court final appeal
You must request a hearing — it's not automatic.
Illinois-Specific Rules and When to Get a Lawyer
- - All employers must have coverage (no exceptions in Illinois).
- - You can choose up to 2 doctors.
- - No cap on medical benefits or TTD duration.
- - Retaliation is illegal (820 ILCS 305/4(h)).
When to get a lawyer: - Your claim is denied (common in Illinois) - Your employer disputes work-relatedness - You have a permanent impairment - The IME doctor disagrees with your treating doctor - You need to go to hearing
Illinois attorneys typically charge 20% of your award, approved by the IWCC.