How do I file a workers compensation claim in Illinois?

Illinois workers' compensation is administered by the Illinois Workers' Compensation Commission (IWCC) under the Workers' Compensation Act, 820 ILCS 305/.

1. Who Is Covered

All Illinois employers with 1 or more employees, full or part-time, must carry workers' comp (820 ILCS 305/3).

Includes undocumented workers (per Illinois case law).

Independent contractors generally excluded; sole proprietors and partners may opt in.

2. Notice to Employer — 45 Days

Under 820 ILCS 305/6(c), you must notify your employer within 45 days of the accident.

Notice can be oral or written; written is preferred. Late notice may bar the claim if the employer is prejudiced.

For occupational disease: notice within 45 days of disablement.

3. Filing Deadline — 3 Years (or 2 Years from Last Payment)

File an Application for Adjustment of Claim with the IWCC within 3 years of the date of injury, OR within 2 years of the date of last compensation payment, whichever is later (820 ILCS 305/6(d)).

Filed at iwcc.illinois.gov.

4. Weekly Benefit Calculation

Temporary Total Disability (TTD): 66 2/3% of AWW (820 ILCS 305/8(b)).

2024 maximum TTD: approximately $1,897.92/week (133 1/3% of SAWW).

Permanent Partial Disability (PPD): 60% of AWW for the number of weeks specified per body part, or based on loss of wage-earning capacity.

Permanent Total Disability (PTD): 66 2/3% of AWW for life.

Wage Differential: 2/3 of the difference between pre-injury and post-injury earnings.

5. Maximum Benefit Period

TTD: until maximum medical improvement (MMI), with no specific cap.

PPD: weeks vary by body part (e.g., arm = 253 weeks; hand = 205 weeks).

PTD: lifetime.

Wage differential: until age 67 or 5 years from award, whichever is later.

6. Medical Treatment — Two-Doctor Choice

Illinois is very employee-friendly on medical choice.

Under 820 ILCS 305/8(a), an employee may choose 2 physicians of their own selection (plus referrals from those doctors).

If employer has an approved Preferred Provider Program (PPP), the employee may choose 2 doctors within the PPP, OR opt out and choose one outside doctor (counts as one of the 2).

Medical benefits are unlimited in duration.

7. Choice of Doctor

Broad — 2 doctors of your own selection (with referrals).

8. Attorney Fees

Capped at 20% of the award under 820 ILCS 305/16a; subject to IWCC approval. Fees come out of your award.

9. Retaliation

820 ILCS 305/4(h) prohibits retaliatory discharge for filing a workers' comp claim (also a common-law tort under Kelsay v. Motorola).

10. Section 19(b) Emergency Hearings

For urgent benefit disputes (medical, TTD), the Commission can schedule expedited hearings under § 19(b).

This is legal information, not legal advice.