The short answer to these questions is: “Yes, you can still possibly file a workers’ compensation.” It will be highly dependent on the facts of that specific case, but you can still file a claim if you met the criteria. This is where an experienced attorney can help and guide you with your possible claims. Understanding a few important provisions of the Illinois Workers’ Compensation Act is vital to preserving your rights if you’ve been laid off or furloughed because of Covid-19. Or, even if you have an older claim that you did not want to pursue at the time but now want to see if you are still entitled to compensation.
How long do I have to file a claim?
Even if you are no longer working for your employer, you are legally entitled to file a workers’ compensation claim within three (3) years from the date of the injury/accident, or two (2) years from the date of last compensation received because of the injury, whichever is longer. 820 ILCS 305/6(d) Illinois General Assembly. Outside of these time periods, you may find yourself barred from receiving any compensation for that work accident and injury. However, it is important to understand that just because you may still have the ability to file a workers’ compensation claim, there is no guarantee you will be entitled to benefits if you do not take the proper steps in preserving your case.