When you’re injured at work in Illinois, you face a two-step filing process that confuses many workers. You must report your injury to both your employer’s insurance company and the Illinois Workers’ Compensation Commission (IWCC). Understanding why this dual filing matters can protect your rights and benefits.
Insurance company filing comes first
Your first step after a workplace injury is notifying your employer, who alerts their insurance carrier. This initial filing starts the process of covering your medical bills and lost wages. The insurance company reviews your claim, investigates the injury and determines what benefits to provide.
However, this filing alone doesn’t protect all your legal rights in Illinois.
IWCC filing provides legal protection
Filing with the IWCC creates an official record of your claim with the state agency that oversees workers’ compensation disputes. This second filing, known as an Application for Adjustment of Claim, establishes your legal right to benefits and protects you if problems arise with your employer or their insurance company.
Without an IWCC filing, you could lose your right to benefits if your claim faces denial or disputes later on.
Timing matters for both claims
You face strict deadlines for both filings. You must report your injury to your employer within 45 days. But the IWCC filing gives you more time;, you have three years from your injury date or two years from the last benefit payment to file.
Missing either deadline can cause serious problems for your claim.
Why the dual system exists
This two-track system serves different purposes. The insurance filing handles immediate benefit payments while the IWCC filing preserves your legal rights for the future. Together, they create a safety net that balances quick access to benefits with long-term legal protection.
When navigating this process, consider consulting with a workers’ compensation attorney who understands Illinois workers’ compensation requirements. Their guidance can help ensure you meet all deadlines and protect your full rights under Illinois law.