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1 | AN ACT concerning workplace health.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Workers' Compensation Act is amended by | ||||||||||||||||||||||||||
5 | changing
Section 11 as follows:
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6 | (820 ILCS 305/11) (from Ch. 48, par. 138.11)
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7 | Sec. 11. The compensation herein provided, together with | ||||||||||||||||||||||||||
8 | the
provisions of this Act, shall be the measure of the | ||||||||||||||||||||||||||
9 | responsibility of
any employer engaged in any of the | ||||||||||||||||||||||||||
10 | enterprises or businesses enumerated
in Section 3 of this Act, | ||||||||||||||||||||||||||
11 | or of any employer who is not engaged in any
such enterprises | ||||||||||||||||||||||||||
12 | or businesses, but who has elected to provide and pay
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13 | compensation for accidental injuries sustained by any employee | ||||||||||||||||||||||||||
14 | arising
out of and in the course of the employment according to | ||||||||||||||||||||||||||
15 | the provisions
of this Act, and whose election to continue | ||||||||||||||||||||||||||
16 | under this Act, has not been
nullified by any action of his | ||||||||||||||||||||||||||
17 | employees as provided for in this Act.
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18 | Accidental injuries incurred while participating in | ||||||||||||||||||||||||||
19 | voluntary recreational
programs including but not limited to | ||||||||||||||||||||||||||
20 | athletic events, parties and picnics
do not arise out of and in | ||||||||||||||||||||||||||
21 | the course of the employment even though the
employer pays some | ||||||||||||||||||||||||||
22 | or all of the cost thereof. This exclusion shall not apply
in | ||||||||||||||||||||||||||
23 | the event that the injured employee was ordered or assigned by | ||||||||||||||||||||||||||
24 | his employer
to participate in the program.
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25 | Accidental injuries incurred while participating as a | ||||||||||||||||||||||||||
26 | patient in a drug
or alcohol rehabilitation program do not | ||||||||||||||||||||||||||
27 | arise out of and in the course
of employment even though the | ||||||||||||||||||||||||||
28 | employer pays some or all of the costs thereof.
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29 | Any injury to or death of an employee arising from the | ||||||||||||||||||||||||||
30 | administration of a
vaccine to the employee as part of a | ||||||||||||||||||||||||||
31 | voluntary inoculation program sponsored or
recommended by the | ||||||||||||||||||||||||||
32 | employee's employer or in connection with any governmental
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1 | program or recommendation for the inoculation of workers in the | ||||||
2 | employee's
occupation,
geographical area, or other category | ||||||
3 | that includes the employee is deemed to
arise out of
and in the | ||||||
4 | course of employment for all purposes under this Act.
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5 | (Source: P.A. 81-1482.)
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6 | Section 10. The Workers' Occupational Diseases Act is | ||||||
7 | amended by changing
Section 1 as follows:
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8 | (820 ILCS 310/1) (from Ch. 48, par. 172.36)
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9 | Sec. 1. This Act shall be known and may be cited as the | ||||||
10 | "Workers'
Occupational Diseases Act".
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11 | (a) The term "employer" as used in this Act shall be | ||||||
12 | construed to
be:
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13 | 1. The State and each county, city, town, township, | ||||||
14 | incorporated
village, school district, body politic, or | ||||||
15 | municipal corporation
therein.
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16 | 2. Every person, firm, public or private corporation, | ||||||
17 | including
hospitals, public service, eleemosynary, religious | ||||||
18 | or charitable
corporations or associations, who has any person | ||||||
19 | in service or under any
contract for hire, express or implied, | ||||||
20 | oral or written.
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21 | 3. Where an employer operating under and subject to the | ||||||
22 | provisions
of this Act loans an employee to another such | ||||||
23 | employer and such loaned
employee sustains a compensable | ||||||
24 | occupational disease in the employment
of such borrowing | ||||||
25 | employer and where such borrowing employer does not
provide or | ||||||
26 | pay the benefits or payments due such employee, such loaning
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27 | employer shall be liable to provide or pay all benefits or | ||||||
28 | payments due
such employee under this Act and as to such | ||||||
29 | employee the liability of
such loaning and borrowing employers | ||||||
30 | shall be joint and several,
provided that such loaning employer | ||||||
31 | shall in the absence of agreement to
the contrary be entitled | ||||||
32 | to receive from such borrowing employer full
reimbursement for | ||||||
33 | all sums paid or incurred pursuant to this paragraph
together | ||||||
34 | with reasonable attorneys' fees and expenses in any hearings
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1 | before the Industrial Commission or in any action to secure | ||||||
2 | such
reimbursement. Where any benefit is provided or paid by | ||||||
3 | such loaning
employer, the employee shall have the duty of | ||||||
4 | rendering reasonable
co-operation in any hearings, trials or | ||||||
5 | proceedings in the case,
including such proceedings for | ||||||
6 | reimbursement.
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7 | Where an employee files an Application for Adjustment of | ||||||
8 | Claim with
the Industrial Commission alleging that his or her | ||||||
9 | claim is covered by
the provisions of the preceding paragraph, | ||||||
10 | and joining both the alleged
loaning and borrowing employers, | ||||||
11 | they and each of them, upon written
demand by the employee and | ||||||
12 | within 7 days after receipt of such demand,
shall have the duty | ||||||
13 | of filing with the Industrial Commission a written
admission or | ||||||
14 | denial of the allegation that the claim is covered by the
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15 | provisions of the preceding paragraph and in default of such | ||||||
16 | filing or
if any such denial be ultimately determined not to | ||||||
17 | have been bona fide
then the provisions of Paragraph K of | ||||||
18 | Section 19 of this Act shall
apply.
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19 | An employer whose business or enterprise or a substantial | ||||||
20 | part
thereof consists of hiring, procuring or furnishing | ||||||
21 | employees to or for
other employers operating under and subject | ||||||
22 | to the provisions of this
Act for the performance of the work | ||||||
23 | of such other employers and who pays
such employees their | ||||||
24 | salary or wage notwithstanding that they are doing
the work of | ||||||
25 | such other employers shall be deemed a loaning employer
within | ||||||
26 | the meaning and provisions of this Section.
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27 | (b) The term "employee" as used in this Act, shall be | ||||||
28 | construed to
mean:
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29 | 1. Every person in the service of the State, county, city, | ||||||
30 | town,
township, incorporated village or school district, body | ||||||
31 | politic or
municipal corporation therein, whether by election, | ||||||
32 | appointment or
contract of hire, express or implied, oral or | ||||||
33 | written, including any
official of the State, or of any county, | ||||||
34 | city, town, township,
incorporated village, school district, | ||||||
35 | body politic or municipal
corporation therein and except any | ||||||
36 | duly appointed member of the fire
department in any city whose |
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1 | population exceeds 500,000 according to the
last Federal or | ||||||
2 | State census, and except any member of a fire insurance
patrol | ||||||
3 | maintained by a board of underwriters in this State. One | ||||||
4 | employed
by a contractor who has contracted with the State, or | ||||||
5 | a county, city,
town, township, incorporated village, school | ||||||
6 | district, body politic or
municipal corporation therein, | ||||||
7 | through its representatives, shall not be
considered as an | ||||||
8 | employee of the State, county, city, town, township,
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9 | incorporated village, school district, body politic or | ||||||
10 | municipal
corporation which made the contract.
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11 | 2. Every person in the service of another under any | ||||||
12 | contract of
hire, express or implied, oral or written, who | ||||||
13 | contracts an occupational
disease while working in the State of | ||||||
14 | Illinois, or who contracts an
occupational disease while | ||||||
15 | working outside of the State of Illinois but
where the contract | ||||||
16 | of hire is made within the State of Illinois, and any
person | ||||||
17 | whose employment is principally localized within the State of
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18 | Illinois, regardless of the place where the disease was | ||||||
19 | contracted or
place where the contract of hire was made, | ||||||
20 | including aliens, and minors
who, for the purpose of this Act, | ||||||
21 | except Section 3 hereof, shall be
considered the same and have | ||||||
22 | the same power to contract, receive
payments and give | ||||||
23 | quittances therefor, as adult employees. An employee
or his or | ||||||
24 | her dependents under this Act who shall have a cause of action
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25 | by reason of an occupational disease, disablement or death | ||||||
26 | arising out
of and in the course of his or her employment may | ||||||
27 | elect or pursue
his or her remedy in the State where the | ||||||
28 | disease was contracted, or in the
State where the contract of | ||||||
29 | hire is made, or in the State where the
employment is | ||||||
30 | principally localized.
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31 | (c) "Commission" means the Industrial Commission created | ||||||
32 | by the
Workers' Compensation Act, approved July 9, 1951, as | ||||||
33 | amended.
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34 | (d) In this Act the term "Occupational Disease" means a | ||||||
35 | disease
arising out of and in the course of the employment or | ||||||
36 | which has become
aggravated and rendered disabling as a result |
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1 | of the exposure of the
employment. Such aggravation shall arise | ||||||
2 | out of a risk peculiar to or
increased by the employment and | ||||||
3 | not common to the general public.
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4 | A disease shall be deemed to arise out of the employment if | ||||||
5 | there is
apparent to the rational mind, upon consideration of | ||||||
6 | all the
circumstances, a causal connection between the | ||||||
7 | conditions under which
the work is performed and the | ||||||
8 | occupational disease. The disease need not
to have been | ||||||
9 | foreseen or expected but after its contraction it must
appear | ||||||
10 | to have had its origin or aggravation in a risk connected with
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11 | the employment and to have flowed from that source as a | ||||||
12 | rational
consequence.
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13 | An employee shall be conclusively deemed to have been | ||||||
14 | exposed to the
hazards of an occupational disease when, for any | ||||||
15 | length of time however
short, he or she is employed in an | ||||||
16 | occupation or process in which the
hazard of the disease | ||||||
17 | exists; provided however, that in a claim of
exposure to atomic | ||||||
18 | radiation, the fact of such exposure must be verified
by the | ||||||
19 | records of the central registry of radiation exposure | ||||||
20 | maintained
by the Department of Public Health or by some other | ||||||
21 | recognized
governmental agency maintaining records of such | ||||||
22 | exposures whenever and
to the extent that the records are on | ||||||
23 | file with the Department of Public
Health or the agency.
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24 | Any disease or death of an employee arising from the | ||||||
25 | administration of a
vaccine
to the employee as part of a | ||||||
26 | voluntary inoculation program sponsored or
recommended
by the | ||||||
27 | employee's employer or in connection with any governmental | ||||||
28 | program or
recommendation for the inoculation of workers in the | ||||||
29 | employee's occupation,
geographical area, or other category | ||||||
30 | that includes the employee is deemed to
arise out of
and in the | ||||||
31 | course of employment for all purposes under this Act.
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32 | The employer liable for the compensation in this Act | ||||||
33 | provided shall
be the employer in whose employment the employee | ||||||
34 | was last exposed to the
hazard of the occupational disease | ||||||
35 | claimed upon regardless of the length
of time of such last | ||||||
36 | exposure, except, in cases of silicosis or
asbestosis, the only |
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1 | employer liable shall be the last employer in whose
employment | ||||||
2 | the employee was last exposed during a period of 60 days or
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3 | more after the effective date of this Act, to the hazard of | ||||||
4 | such
occupational disease, and, in such cases, an exposure | ||||||
5 | during a period of
less than 60 days, after the effective date | ||||||
6 | of this Act, shall not be
deemed a last exposure. If a miner | ||||||
7 | who is suffering or suffered from
pneumoconiosis was employed | ||||||
8 | for 10 years or more in one or more coal
mines there shall, | ||||||
9 | effective July 1, 1973 be a rebuttable presumption
that his or | ||||||
10 | her pneumoconiosis arose out of such employment.
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11 | If a deceased miner was employed for 10 years or more in | ||||||
12 | one or more
coal mines and died from a respirable disease there | ||||||
13 | shall, effective
July 1, 1973, be a rebuttable presumption that | ||||||
14 | his or her death was due
to pneumoconiosis.
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15 | The insurance carrier liable shall be the carrier whose | ||||||
16 | policy was in
effect covering the employer liable on the last | ||||||
17 | day of the exposure
rendering such employer liable in | ||||||
18 | accordance with the provisions of this
Act.
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19 | (e) "Disablement" means an impairment or partial | ||||||
20 | impairment,
temporary or permanent, in the function of the body | ||||||
21 | or any of the
members of the body, or the event of becoming | ||||||
22 | disabled from earning full
wages at the work in which the | ||||||
23 | employee was engaged when last exposed to
the hazards of the | ||||||
24 | occupational disease by the employer from whom he or
she claims | ||||||
25 | compensation, or equal wages in other suitable employment;
and | ||||||
26 | "disability" means the state of being so incapacitated.
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27 | (f) No compensation shall be payable for or on account of | ||||||
28 | any
occupational disease unless disablement, as herein | ||||||
29 | defined, occurs
within two years after the last day of the last | ||||||
30 | exposure to the hazards
of the disease, except in cases of | ||||||
31 | occupational disease caused by
berylliosis or by the inhalation | ||||||
32 | of silica dust or asbestos dust and, in
such cases, within 3 | ||||||
33 | years after the last day of the last exposure to
the hazards of | ||||||
34 | such disease and except in the case of occupational
disease | ||||||
35 | caused by exposure to radiological materials or equipment, and
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36 | in such case, within 25 years after the last day of last |
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1 | exposure to the
hazards of such disease.
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2 | (Source: P.A. 81-992.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law. |