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Chicago Workers’ Comp Lawyer / Blog / Workers' Compensation / What Is the Statute of Limitations for Workers’ Comp Claims in Chicago?

What Is the Statute of Limitations for Workers’ Comp Claims in Chicago?

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As you approach a workers’ compensation claim in Chicago, you may face various challenges. One of these potential challenges is the statute of limitations, which may sound like a daunting prospect to injured workers in Illinois. Although this legal phrase might sound complicated, the underlying concept is actually quite simple. An experienced Chicago workers’ comp lawyer can explain it in more detail.

Defining the Statute of Limitations 

The statute of limitations is like a legal time limit. Once this time limit expires, legal action is no longer possible. There are statutes of limitations for everything – including criminal charges, debt collection, and much more. These time limits may vary depending on each type of legal action, and a workers’ compensation claim has its own specific statute of limitation in Illinois.

You might wonder why the statute of limitations even exists in the first place. First, evidence and witnesses become less reliable as time goes by. In some cases, they vanish entirely. Secondly, the statute of limitations helps prevent the court system from becoming overwhelmed.

What Is the Statute of Limitations for Workers’ Compensation Claims in Chicago? 

The general rule is simple: You must file your workers’ compensation claim within three years of your accident. If you allow three years to pass after your accident, you may be unable to pursue compensation – and your claim will likely be denied.

This is one of the many reasons prompt legal action is so important the moment you suffer a workplace accident. Although three years might seem like a long time, it is all too easy to procrastinate. In addition, certain evidence might become less reliable as time goes by – and this may also result in a denied claim.

Exceptions to the Statute of Limitations 

There are various potential exceptions to the statute of limitations, and you may be able to file a claim even after three years have passed. If you only became aware of your injury long after the actual accident, the time limit begins from the moment you learned of your injuries. For example, you might have recovered from a coma ten years after your workplace accident.

If you suffered some kind of continuous injury, the time limit generally begins when you last suffered harm. For example, you might have spent three years struggling with carpal tunnel syndrome at your desk job. Perhaps you were exposed to asbestos over 25 years.

 Key Takeaways 

  • The statute of limitations is a legal time limit
  • If too much time passes after your workplace accident, a claim may be impossible
  • The time limit only begins once you become aware of your injuries

Can a Workers’ Compensation Lawyer in Chicago Help Me? 

If you’re facing challenges due to the statute of limitations after filing a workers’ comp claim, don’t give up just yet. An experienced workers’ compensation lawyer in Chicago may be able to help, even if your claim has already been denied. Although the statute of limitations can prevent you from pursuing compensation, there are various exceptions to this rule. To learn more about your options, schedule a consultation with Connolly Injury Law today.

Source: 

ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430

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