In order to be protected under the Illinois Workers' Compensation Act, an injured worker must give notice of his injury to his employer as soon as practicable, but not later than 45 days after sustaining an accidental injury arising out of the employment. 820 ILCS 305/6(c).  If the employee does not notify his employer that he was injured, the failure to give notice will bar the claim.  Ristow v. Industrial Commission, 39 Ill.2d 412 (1968).

Long term care facilities and nursing homes need to provide reasonable and standardized care to patients, and the civil justice system is the key to ensuring that they do.  Illinois passed The Nursing Home Care Act in 1979 to address concerns of poor, inadequate and degrading care of elderly patients in nursing homes and long- term care facilities.  While this legislation was passed with honorable intentions in mind, and with the sincere desire to correct a dire situation, Illinois nursing homes and long-term care facilities continue to offer substandard care, in some instances.  While Illinois continues to monitor nursing homes, and investigate their actions, the state cannot correct this concerning situation on its own.