|
| | SB1147 Engrossed | | LRB097 04875 AEK 44914 b |
|
|
1 | | AN ACT concerning employment.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Workers' Compensation Act is amended by |
5 | | changing Section 11 as follows:
|
6 | | (820 ILCS 305/11) (from Ch. 48, par. 138.11)
|
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
|
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.
|
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 |
|
| | SB1147 Engrossed | - 2 - | LRB097 04875 AEK 44914 b |
|
|
1 | | his employer
to participate in the program.
|
2 | | Notwithstanding any other defense, accidental injuries |
3 | | incurred while the employee is engaged in the active commission |
4 | | of and as a proximate result of the active commission of (a) a |
5 | | forcible felony, (b) aggravated driving under the influence of |
6 | | alcohol, other drug or drugs, or intoxicating compound or |
7 | | compounds, or any combination thereof, or (c) reckless homicide |
8 | | and for which the employee was convicted do not arise out of |
9 | | and in the course of employment if the commission of that |
10 | | forcible felony, aggravated driving under the influence, or |
11 | | reckless homicide caused an accident resulting in the death or |
12 | | severe injury of another person. If an employee is acquitted of |
13 | | a forcible felony, aggravated driving under the influence, or |
14 | | reckless homicide that caused an accident resulting in the |
15 | | death or severe injury of another person or if these charges |
16 | | are dismissed, there shall be no presumption that the employee |
17 | | is eligible for benefits under this Act. No employee shall be |
18 | | entitled to additional compensation under Sections 19(k) or |
19 | | 19(l) of this Act or attorney's fees under Section 16 of this |
20 | | Act when the employee has been charged with a forcible felony, |
21 | | aggravated driving under the influence, or reckless homicide |
22 | | that caused an accident resulting in the death or severe injury |
23 | | of another person and the employer terminates benefits or |
24 | | refuses to pay benefits to the employee until the termination |
25 | | of any pending criminal proceedings. |
26 | | Accidental injuries incurred while participating as a |
|
| | SB1147 Engrossed | - 3 - | LRB097 04875 AEK 44914 b |
|
|
1 | | patient in a drug
or alcohol rehabilitation program do not |
2 | | arise out of and in the course
of employment even though the |
3 | | employer pays some or all of the costs thereof. |
4 | | Any injury to or disease or death of an employee arising |
5 | | from the administration of a vaccine, including without |
6 | | limitation smallpox vaccine, to prepare for, or as a response |
7 | | to, a threatened or potential bioterrorist incident to the |
8 | | employee as part of a voluntary inoculation program in |
9 | | connection with the person's employment or in connection with |
10 | | any governmental program or recommendation for the inoculation |
11 | | of workers in the employee's occupation, geographical area, or |
12 | | other category that includes the employee is deemed to arise |
13 | | out of and in the course of the employment for all purposes |
14 | | under this Act. This paragraph added by this amendatory Act of |
15 | | the 93rd General Assembly is declarative of existing law and is |
16 | | not a new enactment.
|
17 | | (Source: P.A. 93-829, eff. 7-28-04.)
|
18 | | Section 99. Effective date. This Act takes effect upon |
19 | | becoming law.
|