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Illinois Workers' Compensation Laws

Illinois's workers' compensation system covers all employers regardless of size. The system is no-fault, and employees have the right to choose 2 personal physicians (referrals from each are also covered). Temporary total disability benefits pay 66 2/3% of average weekly wage. Claims must generally be filed within 3 years of the injury or 2 years from the last payment of compensation.

Last verified: 2026-02-25

Statute of Limitations

45 days (report) / 3 years (claim)820 ILCS 305/6

You should report the injury as soon as practicable, but no later than 45 days after the accident. A formal claim must be filed within 3 years of the injury date (if no compensation paid) or 2 years from the last payment of compensation, whichever is later.

Filing Requirements

Report to Employer820 ILCS 305/6(c)

Report the injury to your employer as soon as practicable, but no later than 45 days after the accident. Prompt reporting is critical to preserving your claim.

File Claim with IWCC820 ILCS 305/6

If benefits are denied or disputed, file a claim with the Illinois Workers' Compensation Commission (IWCC) within 3 years of the injury date.

Key Illinois Statutes

All Employers Covered820 ILCS 305/1

All employers in Illinois are required to carry workers' compensation insurance, regardless of the number of employees. Coverage applies regardless of immigration status.

Wage Replacement Benefits820 ILCS 305/8

Temporary total disability (TTD) benefits pay 66 2/3% of average weekly wage. Temporary partial disability (TPD) pays 66 2/3% of the wage difference. Permanent partial disability (PPD) pays 60% of AWW multiplied by weeks per schedule. Permanent total disability (PTD) pays 66 2/3% for life.

Choice of Physician (2 Choices)820 ILCS 305/8(a)

Employees have the right to 2 choices of personal physicians. Referrals from each chosen physician are covered by the employer/insurer. The employer may require an examination by its own physician.

Anti-Retaliation820 ILCS 305/4(h)

Employers cannot discharge, threaten, or discriminate against an employee for exercising rights under the Workers' Compensation Act or filing a claim. Remedies include reinstatement, back pay, and attorney's fees.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Illinois General Assembly — Statutes. For advice about your specific situation, consult a licensed attorney.

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