Ridge & Downes - Law Firm

This FAQ section is provided as a general guideline to the rights and responsibilities of an employee who has been injured on the job. It does not, and cannot, contain all of the benefits and obligations pertaining to each specific case. Furthermore, it does not set forth the statute of limitations, nor the time limitations, of what you must do for proceeding with a workers ’ compensation claim. Each workers’ compensation case is unique and the law is frequently modified by the legislature and the courts.

This FAQ section is not intended as a replacement for the advice of an experienced attorney. In fact, if you have suffered an injury that is work related, you should consult an attorney knowledgeable on the law in your State for proper advice regarding the same.

Do I have to notify my employer of the injury?

The Workers’ Compensation Act requires that all accidents be reported to the employer within 45 days of the occurrence, or within 45 days of the last date of exposure to a hazardous condition or substance. Although the law allows 45 days, it is critical that all workplace injuries get reported as quickly as possible. Additionally, this notification must be to a supervisor, or to another company officer or official, not merely to a co-worker.

Many employers and their insurance companies provide their own notice requirements, pursuant to “company policy.” These company policy notice requirements do not change your rights under the Illinois Workers’ Compensation Act. No matter what people at work may tell you, you have 45 days to give notice of an accident in order to secure your rights under the Illinois Workers’ Compensation Act.

Also contrary to the “company policy” of many employers, this notice need not be in writing. Oral notice, telling your supervisor or company nurse that you were injured on the job, is sufficient under the law. You need not have signed a written notice statement on file with your employer to avail yourself of the benefits of the Illinois Workers’ Compensation Act. However, you do need to properly inform your employer of your injury in a timely fashion. It is helpful if you are able to verify that you gave such notice. 


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