es. A worker who is injured as a result of a work-related accident, must file a claim with the Illinois Industrial Commission within three (3) years of the date of their accident or within two (2) years of the latest payment of compensation, whichever of these dates is later.
This provision of the Act is legally referred to as the Statute of Limitations. With regard to the Statute of Limitations, it is important that every worker remember the following:
(a) Completion of an accident report form (or any other type of form relative to an accident), for the employer or its Workers’ Compensation insurance company, is not considered “filing” of a claim under the Act.Either the worker or their attorney, must file a specific form entitled “Application for Adjustment of Claim” with the Illinois Industrial Commission.
(b) If an Application for Adjustment of Claim form is not filed with the Illinois Industrial Commission within the Statute of Limitations, the worker would lose their rights and benefits provided by the Act