So how does a person file a workers compensation case? When you are hurt at work, and this is before you might have an attorney, you may get contacted by the workers compensation insurance carrier that send you a letter, you have a claim number, you have an adjuster, technically that is not the workers compensation insofar as the workers compensation commission is concerned. You do not have a claim with the workers compensation commission at that point.
For example, if you get in a car accident, your insurance company is State Farm, you call State Farm and say: “I need to fix my bumper.” State Farm says, “Okay, here is your check. You just pay your deductible” and you get money from State Farm, that’s the same thing with workers compensation. So if you get hurt at work and the insurance company gets involved all you have is a fight within that insurance company. That does not protect you, for example, if you do not pursue your rights within a certain amount of time.
In workers compensation you have three years from the date of injury, generally speaking, or two years from your last date of benefit to file a workers compensation claim. So if you start working with an insurance company and that insurance company whether because of your treatment or because they drag their feet, drags the case on so long that you pass the three-year threshold, you may not be able to file a workers compensation claim and you may lose your rights to additional benefits that you would have been entitled to.
So the only way to file a workers compensation claim is to file what’s called an application for adjustment of claim with the Illinois Worker’s Compensation commission. Most people that do not have an attorney but not all; it is a pretty user-friendly system and you can go to the Illinois Worker’s Compensation website to get the forms. They are the same forms that an attorney would use so it’s something that you could do on your own but the system is fairly complicated so it’s always a good idea to get the advice of an attorney to help you along with that process.
But just keep in mind that even though you have an insurance company that may be paying the benefits does not mean that you have a workers compensation claim file with the Illinois Worker’s Compensation commission and if you never get anything on file you may lose your right to benefits.
So thank you for watching this again my name is Carolina Schottland with Zanck, Coen, Wright and Saladin and if you would like to contact me directly the office phone number is 815-459-8800. Also feel free to email me. I am excellent by email and hope to respond to all questions within a timely manner. So my email address is [email protected].
I have been an attorney for over 12 years and really enjoy practicing workers compensation law and really look forward to helping out with your case.