How do I file a workers' compensation claim in Illinois?

Illinois workers' comp is governed by the Workers' Compensation Act, 820 ILCS 305, administered by the Illinois Workers' Compensation Commission (IWCC).

1. Coverage

Virtually all employers with 1+ employee must provide coverage (305/3). Excluded: certain agricultural workers, some real estate brokers, and qualifying independent contractors. Sole proprietors and partners may opt in.

2. Notice to Employer

Provide notice within 45 days of injury (820 ILCS 305/6(c)). Notice may be oral or written but should be documented.

3. Claim Filing

File an Application for Adjustment of Claim with the IWCC within 3 years of injury or 2 years from last payment of compensation, whichever is later (305/6(d)). A case is assigned to an Arbitrator.

4. Benefits

Medical care fully covered. Temporary Total Disability pays 66 2/3% of average weekly wage up to the state max (about $1,897/week for 2026 injuries). Permanent Partial Disability based on schedule (305/8(e)) or person-as-a-whole rating. Permanent Total Disability for life. Wage Differential awards under 305/8(d)(1). Death benefits up to 25 years or $500,000 minimum plus $8,000 burial.

5. Independent Medical Exam (IME)

Employer may require an IME under 305/12 at reasonable times and places.

6. Choice of Doctor

You may select 2 physicians of your choice, plus referrals from those doctors (305/8(a)). If the employer participates in a Preferred Provider Program, you may opt out within a specified window.

7. Denied Claim / Appeal

Arbitrator hearing produces a Decision; review by a 3-Commissioner panel within 30 days, then judicial review in Circuit Court, then Appellate Court Workers' Compensation Division.

8. Third-Party Suit

820 ILCS 305/5(b) preserves third-party claims. Employer has a lien for 75% of benefits paid (reduced by 25% for attorney's fees) — the Kotecki cap limits employer contribution exposure.

This is legal information, not legal advice.