Injured in Illinois: The 45 Day Notice Rule / Lesionado en Illinois: La Regla de Aviso de 45 Días

If you’re injured on the job in Illinois, you must give your employer notice (orally works, written is better) within 45 days of the day of the injury.  The rule is flexible when applied to repetitive trauma injuries since those don’t occur in a single day, week or month.  In the repetitive trauma injuries (like carpal tunnel, cubital tunnel, etc.) you have to notify your supervisor or employer within 45 days of when you “know or reasonably should know” that work was causing your injury.  So, when you see the doctor the clock starts ticking.  Our suggestion:  Tell your employer of every accident or injury, whether you intend on filing a work comp claim or not. Failing to do so could be deadly to your case.   Example:  A coal miner recently was laid off.  He called my office and asked if he could file a claim after he was laid off.  The reason he did not file the claim earlier was for fear of losing his job (he heard there might be lay-offs).  Now that he is laid off and wants to file a claim it looks a little suspicious…like he filed the claim because he was laid off or simply made up the injury.  Consequently, a legitimate injury has a built in defense: he didn’t report it until well after 45 days.  We will try to help him even though the cards are now stacked against him.

For more information about your rights under the Workers’ Compensation Act just call Keith Short and Associates at 618-254-0055 or see our website:  www.siltrial.com