How Do You File a Wage Claim in Illinois?

The Illinois rule in one table

The one-year rule, and the narrow 3-year exception

This distinction is the whole page, so read it twice. The general rule in section 11 is one year. The Department FAQ states it identically: a wage or final-compensation complaint must reach the Department within one year after the wages or final compensation were due.

Section 13.5 creates a separate track for construction. It makes a primary contractor liable for a debt a subcontractor at any tier owes a claimant for labor included in the primary contract with the owner, but only when the contract was entered on or after July 1, 2022, the work is private work, and aggregate project costs exceed 20,000 dollars. It does not apply to work for the federal government, the State, a special district, a city, a county, or any political subdivision. Section 13.5(i) then gives those claims, and only those claims, a 3-year filing window, and states plainly that the subsection does not apply to any other claims. Exemptions cover primary contractors party to a collective bargaining agreement on the project, alteration or repair of an existing single-family dwelling or a single residential unit in an existing multi-unit structure, and an owner acting as primary contractor on a primary residence. Liability covers unpaid wages, fringe and benefit payments, interest, Department penalties, and reasonable attorney's fees, but not liquidated damages.

Before any civil action under section 13.5, section 13.5(h) requires written notice to the employer and the primary contractor detailing the nature and basis of the claim. If the claim is not resolved within 10 days after receipt, or within an agreed extension, a civil action may be filed. Never present 3 years as the general Illinois deadline. General claims are one year. Section 13.5 claims are three years, with the gates above and the 10-day notice.

The process, step by step

1. Check which clock you are on. General wage and final-compensation claims: one year from when the wages were due. Section 13.5 construction primary-contractor claims only: three years, with the July 1, 2022, private-work, and over-20,000-dollar gates.
2. Create an Illinois Public ID account. The online wage claim application requires it. Claims on outdated complaint forms are no longer processed, and emailed, mailed, or faxed claims face longer-than-normal wait times.
3. File the signed, completed application with copies of everything. The Department form plus copies of all supporting documentation: pay records, time records, the employment agreement, and any written demand. Send copies, never originals.
4. Let the Department review for cause. The Department reviews the complaint for cause and sufficient resources for investigation, then may investigate, subpoena records, attempt an equitable adjustment, take assignments, and adjudicate administratively.
5. Know the fork. Recovery runs through a Department claim or a civil action, not both. If you are on the section 13.5 track and plan a civil action, give the 10-day written notice first.

If the wages at issue are final pay that never arrived, check the deadline first in Illinois Final Paycheck Deadline. For wage claims in the other seven states, see the Wage Claim Filing by State directory.

Source

Deadlines and process on this page come from the statute and the Department: Illinois General Assembly, 820 ILCS 115, Wage Payment and Collection Act, sections 11, 13.5, and 14(a), the Illinois Department of Labor wage payment FAQ, and the Department unpaid wages page. Facts verified 2026-10-25.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to a lawyer or your state agency.