What are the time limits within which an employee must file a claim at the Industrial Commission?

Unless otherwise noted below, a claim must be filed within three years after an injury or disablement from an occupational disease, or within two years following the last workers’ compensation payment, whichever is later.

For pneumoconiosis, the employee has five years from the date of last exposure or the last payment to file a claim.

For radiation or asbestos exposure, the employee has 25 years after the date of last exposure to file a claim.

If death is caused by the injury or occupational disease, the claim must be filed with the Industrial Commission within three years of the death, within two years of the date of last compensation payment under the Workers’ Compensation Act, or within three years of the date of last compensation payment under the Occupational Diseases Act, whichever is later.

Unless an occupational disease causes a disablement within two years of the date of last exposure to the hazards of the disease, in most cases, no compensation is payable.

For berylliosis or diseases caused by the inhalation of silica or asbestos dust, disablement must occur within three years from the date of last exposure to be compensable.

Failure to file a claim within the time provided by law generally results in a loss of benefits.