Workers Compensation Law in Illinois
This page covers workers compensation law as it applies in Illinois — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what workers compensation protects generally, see the national overview.
Compiled from primary legal sourcesNot legal adviceHow we source this
Quick answer
In Illinois, workers hurt on the job or made ill by work conditions can receive benefits under the Illinois Workers' Compensation Act without having to prove their employer was at fault. If you are injured, report it to your employer right away and get medical care. The Illinois Workers' Compensation Commission resolves disputes between employees and employers over benefits. Deadlines are strict — you must notify your employer within 45 days of an accident and file a formal claim within 3 years, so act quickly.
Laws that govern workers compensation in Illinois
Illinois state law
- Illinois Workers' Compensation Act820 ILCS 305/
The primary Illinois law governing workers' compensation benefits for employees who suffer job-related injuries or accidents.
- Workers' Occupational Diseases Act820 ILCS 310/
Governs compensation for workers who develop illnesses or diseases as a result of hazardous workplace conditions or exposures.
Federal law
- Title 29 — Labor
The U.S. Code title that houses these federal statutes.
- Occupational Safety and Health Act of 1970
Created OSHA. Sets workplace safety standards for most private-sector employers. Codified at 29 U.S.C. ch. 15.
- Longshore and Harbor Workers' Compensation Act
Illinois-specific deadlines for workers compensation cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- Deadline to notify your employer of a workplace injury: 45 days
Notice must be given as soon as practicable after the accident, but no later than 45 days. Failure to provide timely notice can result in loss of all benefits. Written notice is strongly recommended.
820 ILCS 305/6(c)
- Deadline to file an Application for Adjustment of Claim: 3 years
The filing deadline is 3 years from the date of the accident. If the employer or insurer has been making voluntary compensation payments, the deadline is extended to 2 years from the date of the last payment received — whichever period ends later governs.
820 ILCS 305/6(d)
- Deadline to file an occupational disease claim: 3 years
Claims for illnesses caused by workplace exposures are governed by the separate Workers' Occupational Diseases Act. The clock runs from the last day you were exposed to the hazardous condition, not the date symptoms first appeared.
820 ILCS 310/6
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for workers compensation in Illinois.
The state agency that resolves disputes between injured workers and employers, provides forms and filing guidance, and administers Illinois's workers' compensation system.
- Illinois Legal Aid Onlinelegal aid
Provides free online legal information, self-help tools, and attorney referrals for workers who need help with workers' compensation claims.
A searchable directory to find Illinois attorneys by practice area, including workers' compensation; a phone referral service is also available at 217-525-5297.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Illinois
- 1
Report your injury to your employer immediately
Tell your supervisor or employer about your injury as soon as possible, but no later than 45 days after the accident. Written notice is strongly recommended so there is a record of when and how you reported it.
- 2
Get medical treatment
In Illinois, your employer has the right to choose the initial treating physician, but you also have the right to select one additional doctor of your own choice at the employer's expense.
- 3
Keep records of all expenses and lost time
Save all medical bills, records, and correspondence related to your injury, and document any days of work you miss. These records support your claim if it is disputed.
- 4
File an Application for Adjustment of Claim if benefits are denied or stopped
If your employer or its insurer disputes or stops your benefits, file an Application for Adjustment of Claim electronically through the Illinois Workers' Compensation Commission's CompFile system. There is no filing fee.
- 5
Attend scheduled hearings before an arbitrator
The Illinois Workers' Compensation Commission will assign your case to an arbitrator and schedule status calls every three months. You or your attorney must attend to keep your case active.
- 6
Appeal an unfavorable decision if needed
If the arbitrator rules against you, you can appeal first to the full Illinois Workers' Compensation Commission and then to the Illinois Appellate Court.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about workers compensation in Illinois
Do I have to prove my employer did something wrong to get benefits?
No. Illinois workers' compensation is a no-fault system. You do not need to prove your employer was negligent. As long as your injury or illness arose out of and in the course of your employment, you are generally entitled to benefits.
What benefits can I receive?
Benefits include payment of all reasonable and necessary medical bills, temporary total disability payments of about two-thirds of your average weekly wage while you cannot work, permanent partial or total disability payments for lasting impairment, and death benefits for surviving dependents if a work injury causes death.
Can I choose my own doctor?
Your employer or its insurer has the right to select the first treating physician. However, you also have the right to choose one additional physician, surgeon, or hospital of your own choosing at the employer's expense. Contact the Illinois Workers' Compensation Commission or an attorney if you have questions about your specific situation.
What if my claim is denied?
If your employer or its insurer denies your claim or stops paying benefits, you can file an Application for Adjustment of Claim with the Illinois Workers' Compensation Commission. An arbitrator will hear the dispute and issue a decision. You do not need an attorney — the Commission provides guides for people who represent themselves.
Can I still sue my employer in civil court for my injuries?
In most cases, no. Workers' compensation is the exclusive legal remedy against your employer for a work-related injury. By accepting workers' compensation benefits, you give up the right to sue your employer directly in court. You may, however, still be able to sue a third party — someone other than your employer — who contributed to your injury.
What if I was partly responsible for my own injury?
Your own negligence generally does not bar or reduce your workers' compensation benefits because the system is no-fault. Even if you made a mistake that contributed to the accident, you may still be entitled to benefits.
What if my employer does not carry workers' compensation insurance?
Illinois law requires most employers to carry workers' compensation insurance. If your employer is uninsured, you may still file a claim with the Illinois Workers' Compensation Commission. The Commission's Injured Workers' Benefit Fund may pay benefits if an uninsured employer is unable to do so.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.