Full Text of HB2601 97th General Assembly
HB2601ham001 97TH GENERAL ASSEMBLY | Rep. Dwight Kay Filed: 4/14/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2601
| 2 | | AMENDMENT NO. ______. Amend House Bill 2601 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Workers' Compensation Act is amended by | 5 | | changing Sections 1, 2, 3, 4, 6, 11, and 17 and by adding | 6 | | Section 2.1 as follows:
| 7 | | (820 ILCS 305/1) (from Ch. 48, par. 138.1)
| 8 | | Sec. 1. This Act may be cited as the Workers' Compensation | 9 | | Act.
| 10 | | (a) The term "employer" as used in this Act means a person | 11 | | who employs one or more employees. :
| 12 | | 1. The State and each county, city, town, township, | 13 | | incorporated
village, school district, body politic, or | 14 | | municipal corporation
therein.
| 15 | | 2. Every person, firm, public or private corporation, | 16 | | including
hospitals, public service, eleemosynary, religious |
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| 1 | | or charitable
corporations or associations who has any person | 2 | | in service or under any
contract for hire, express or implied, | 3 | | oral or written, and who is
engaged in any of the enterprises | 4 | | or businesses enumerated in Section 3
of this Act, or who at or | 5 | | prior to the time of the accident to the
employee for which | 6 | | compensation under this Act may be claimed, has in
the manner | 7 | | provided in this Act elected to become subject to the
| 8 | | provisions of this Act, and who has not, prior to such | 9 | | accident,
effected a withdrawal of such election in the manner | 10 | | provided in this Act.
| 11 | | 3. Any one engaging in any business or enterprise referred | 12 | | to in
subsections 1 and 2 of Section 3 of this Act who | 13 | | undertakes to do any
work enumerated therein, is liable to pay | 14 | | compensation to his own
immediate employees in accordance with | 15 | | the provisions of this Act, and
in addition thereto if he | 16 | | directly or indirectly engages any contractor
whether | 17 | | principal or sub-contractor to do any such work, he is liable | 18 | | to
pay compensation to the employees of any such contractor or
| 19 | | sub-contractor unless such contractor or sub-contractor has | 20 | | insured, in
any company or association authorized under the | 21 | | laws of this State to
insure the liability to pay compensation | 22 | | under this Act, or guaranteed
his liability to pay such | 23 | | compensation. With respect to any time
limitation on the filing | 24 | | of claims provided by this Act, the timely
filing of a claim | 25 | | against a contractor or subcontractor, as the case may
be, | 26 | | shall be deemed to be a timely filing with respect to all |
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| 1 | | persons
upon whom liability is imposed by this paragraph.
| 2 | | In the event any such person pays compensation under this | 3 | | subsection
he may recover the amount thereof from the | 4 | | contractor or sub-contractor,
if any, and in the event the | 5 | | contractor pays compensation under this
subsection he may | 6 | | recover the amount thereof from the sub-contractor, if any.
| 7 | | This subsection does not apply in any case where the | 8 | | accident occurs
elsewhere than on, in or about the immediate | 9 | | premises on which the
principal has contracted that the work be | 10 | | done.
| 11 | | 4. Where an employer operating under and subject to the | 12 | | provisions
of this Act loans an employee to another such | 13 | | employer and such loaned
employee sustains a compensable | 14 | | accidental injury in the employment of
such borrowing employer | 15 | | and where such borrowing employer does not
provide or pay the | 16 | | benefits or payments due such injured employee, such
loaning | 17 | | employer is liable to provide or pay all benefits or payments
| 18 | | due such employee under this Act and as to such employee the | 19 | | liability
of such loaning and borrowing employers is joint and | 20 | | several, provided
that such loaning employer is in the absence | 21 | | of agreement to the
contrary entitled to receive from such | 22 | | borrowing employer full
reimbursement for all sums paid or | 23 | | incurred pursuant to this paragraph
together with reasonable | 24 | | attorneys' fees and expenses in any hearings
before the | 25 | | Illinois Workers' Compensation Commission or in any action to | 26 | | secure such
reimbursement. Where any benefit is provided or |
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| 1 | | paid by such loaning
employer the employee has the duty of | 2 | | rendering reasonable cooperation
in any hearings, trials or | 3 | | proceedings in the case, including such
proceedings for | 4 | | reimbursement.
| 5 | | Where an employee files an Application for Adjustment of | 6 | | Claim with
the Illinois Workers' Compensation
Commission | 7 | | alleging that his claim is covered by the
provisions of the | 8 | | preceding paragraph, and joining both the alleged
loaning and | 9 | | borrowing employers, they and each of them, upon written
demand | 10 | | by the employee and within 7 days after receipt of such demand,
| 11 | | shall have the duty of filing with the Illinois Workers' | 12 | | Compensation Commission a written
admission or denial of the | 13 | | allegation that the claim is covered by the
provisions of the | 14 | | preceding paragraph and in default of such filing or
if any | 15 | | such denial be ultimately determined not to have been bona fide
| 16 | | then the provisions of Paragraph K of Section 19 of this Act | 17 | | shall apply.
| 18 | | An employer whose business or enterprise or a substantial | 19 | | part
thereof consists of hiring, procuring or furnishing | 20 | | employees to or for
other employers operating under and subject | 21 | | to the provisions of this
Act for the performance of the work | 22 | | of such other employers and who pays
such employees their | 23 | | salary or wages notwithstanding that they are doing
the work of | 24 | | such other employers shall be deemed a loaning employer
within | 25 | | the meaning and provisions of this Section.
| 26 | | (b) The term "employee" as used in this Act means:
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| 1 | | 1. Every person in the service of the State, including | 2 | | members of
the General Assembly, members of the Commerce | 3 | | Commission, members of the
Illinois Workers' Compensation | 4 | | Commission, and all persons in the service of the University
of | 5 | | Illinois, county, including deputy sheriffs and assistant | 6 | | state's
attorneys, city, town, township, incorporated village | 7 | | or school
district, body politic, or municipal corporation | 8 | | therein, whether by
election, under appointment or contract of | 9 | | hire, express or implied,
oral or written, including all | 10 | | members of the Illinois National Guard
while on active duty in | 11 | | the service of the State, and all probation
personnel of the | 12 | | Juvenile Court appointed pursuant to Article VI
of the Juvenile | 13 | | Court Act of 1987, and including any official of the
State, any | 14 | | county, city, town, township, incorporated village, school
| 15 | | district, body politic or municipal corporation therein except | 16 | | any duly
appointed member of a police department in any city | 17 | | whose
population exceeds 200,000 according to the last Federal | 18 | | or State
census, and except any member of a fire insurance | 19 | | patrol maintained by a
board of underwriters in this State. A | 20 | | duly appointed member of a fire
department in any city, the | 21 | | population of which exceeds 200,000 according
to the last | 22 | | federal or State census, is an employee under this Act only
| 23 | | with respect to claims brought under paragraph (c) of Section | 24 | | 8.
| 25 | | One employed by a contractor who has contracted with the | 26 | | State, or a
county, city, town, township, incorporated village, |
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| 1 | | school district,
body politic or municipal corporation | 2 | | therein, through its
representatives, is not considered as an | 3 | | employee of the State, county,
city, town, township, | 4 | | incorporated village, school district, body
politic or | 5 | | municipal corporation which made the contract.
| 6 | | 2. Every person in the service of another under any | 7 | | contract of
hire, express or implied, oral or written, | 8 | | including persons whose
employment is outside of the State of | 9 | | Illinois where the contract of
hire is made within the State of | 10 | | Illinois, persons whose employment
results in fatal or | 11 | | non-fatal injuries within the State of Illinois
where the | 12 | | contract of hire is made outside of the State of Illinois, and
| 13 | | persons whose employment is principally localized within the | 14 | | State of
Illinois, regardless of the place of the accident or | 15 | | the place where the
contract of hire was made, and including | 16 | | aliens, and minors who, for the
purpose of this Act are | 17 | | considered the same and have the same power to
contract, | 18 | | receive payments and give quittances therefor, as adult | 19 | | employees.
| 20 | | 3. Every sole proprietor and every partner of a business | 21 | | may elect to
be covered by this Act.
| 22 | | An employee or his dependents under this Act who shall have | 23 | | a cause
of action by reason of any injury, disablement or death | 24 | | arising out of
and in the course of his employment may elect to | 25 | | pursue his remedy in
the State where injured or disabled, or in | 26 | | the State where the contract
of hire is made, or in the State |
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| 1 | | where the employment is principally
localized.
| 2 | | However, any employer may elect to provide and pay | 3 | | compensation to
any employee other than those engaged in the | 4 | | usual course of the trade,
business, profession or occupation | 5 | | of the employer by complying with
Sections 2 and 4 of this Act. | 6 | | Employees are not included within the
provisions of this Act | 7 | | when excluded by the laws of the United States
relating to | 8 | | liability of employers to their employees for personal
injuries | 9 | | where such laws are held to be exclusive.
| 10 | | The term "employee" does not include persons performing | 11 | | services as real
estate broker, broker-salesman, or salesman | 12 | | when such persons are paid by
commission only.
| 13 | | Nothing in this subsection (b) shall be construed to | 14 | | require coverage of an employee by an employer who elects not | 15 | | to be covered by this Act. | 16 | | (c) "Commission" means the Industrial Commission created | 17 | | by Section
5 of "The Civil Administrative Code of Illinois", | 18 | | approved March 7,
1917, as amended, or the Illinois Workers' | 19 | | Compensation Commission created by Section 13 of
this Act.
| 20 | | (Source: P.A. 93-721, eff. 1-1-05.)
| 21 | | (820 ILCS 305/2) (from Ch. 48, par. 138.2)
| 22 | | Sec. 2.
An employer in this State, who does not come within | 23 | | the classes
enumerated by subsection (a) or (b) of Section 3 of | 24 | | this Act, may elect to provide and pay
compensation for | 25 | | accidental injuries sustained by himself or any employee,
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| 1 | | arising out
of and in the course of the employment according to | 2 | | the provisions of this
Act, and thereby relieve himself from | 3 | | any liability for the recovery of
damages, except as herein | 4 | | provided. The State of Illinois hereby elects to
provide and | 5 | | pay compensation according to the provisions of this Act.
| 6 | | (a) Election by any employer to provide and pay | 7 | | compensation according
to the provisions of this Act shall be | 8 | | made by the employer filing notice
of such election with the | 9 | | Commission, or by insuring his liability to pay
compensation | 10 | | under this Act in some insurance carrier authorized, licensed
| 11 | | or permitted to do such insurance business in this State.
| 12 | | (b) Every employer within the provisions of this Act who | 13 | | has elected to
provide and pay compensation according to the | 14 | | provisions of this Act by
filing notice of such election with | 15 | | the Commission, shall be bound thereby
as to all his employees | 16 | | until January 1st of the next succeeding year and
for terms of | 17 | | each year thereafter.
| 18 | | Any such employer who may have once elected, may elect not | 19 | | to provide
and pay the compensation herein provided for | 20 | | accidents resulting in either
injury or death and occurring | 21 | | after the expiration of any such calendar
year by filing notice | 22 | | of such election with the Commission at least 60 days
prior to | 23 | | the expiration of any such calendar year, and by posting such
| 24 | | notice at a conspicuous place in the plant, shop, office, room | 25 | | or place
where such employee is employed, or by personal | 26 | | service, in written or
printed form, upon such employees, at |
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| 1 | | least 60 days prior to the expiration
of any such calendar | 2 | | year.
| 3 | | Every employer within the provisions of this Act who has | 4 | | elected to
provide and pay compensation according to the | 5 | | provisions of this Act by
insuring his liability to pay | 6 | | compensation under this Act, as above
provided, shall be bound | 7 | | thereby as to all his employees until the date of
expiration or | 8 | | cancellation of such policy of insurance, or any renewal
| 9 | | thereof.
| 10 | | (c) In the event any employer mentioned in this section, | 11 | | elects to
provide and pay the compensation provided in this | 12 | | Act, then every employee
of such employer, as a part of his | 13 | | contract of hiring or who may be
employed at the time of the | 14 | | taking effect of this Act and the acceptance of
its provisions | 15 | | by such employer, shall be deemed to have accepted all the
| 16 | | provisions of this Act and shall be bound thereby unless within | 17 | | 30 days
after such hiring or after the taking effect of this | 18 | | Act, and its
acceptance by such employee, he shall file a | 19 | | notice to the contrary with
the Commission, whose duty it shall | 20 | | be to immediately notify the employer,
and until such notice to | 21 | | the contrary is given to the employer, the measure
of liability | 22 | | of such employer shall be determined according to the
| 23 | | compensation provisions of this Act.
| 24 | | However, any employee may withdraw from the operation of | 25 | | this Act,
except those under subsection (a) or (b) of Section | 26 | | 3, upon filing a written notice of withdrawal at
least 10 days |
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| 1 | | prior to January 1st of any year with the Commission, whose
| 2 | | duty it shall be to immediately notify such employer by | 3 | | registered mail,
and, until such notice to the contrary is | 4 | | given to such employer, the
measure of liability of such | 5 | | employer shall be determined according to the
compensation | 6 | | provisions of this Act.
| 7 | | (d) Any such employer or employee may, without prejudice to | 8 | | any existing
right or claim withdraw his election to reject | 9 | | this Act by giving 30 days'
written notice in such manner and | 10 | | form as may be provided by the
Commission.
| 11 | | (e) Any employer who elects not to be covered by this Act | 12 | | is also subject to the notice requirements of Sections 6 and 17 | 13 | | and any notice requirements in the rules of the Commission. | 14 | | (Source: P.A. 83-190.)
| 15 | | (820 ILCS 305/2.1 new) | 16 | | Sec. 2.1. Common-law defenses; burden of proof; waiver. | 17 | | (a) In an action against an employer who elects not to be | 18 | | covered by this Act and the Workers' Occupational Diseases Act | 19 | | to recover damages for personal injuries, disability, or death | 20 | | sustained by an employee in the course and scope of the | 21 | | employment, it is not a defense that: | 22 | | (1) the employee was guilty of negligence; | 23 | | (2) the employee assumed the risk of injury, | 24 | | disability, or death; or | 25 | | (3) the injury, disability, or death was caused by the |
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| 1 | | negligence of a fellow employee. | 2 | | (b) This Section does not reinstate or otherwise affect the | 3 | | availability of defenses at common law, including the defenses | 4 | | described by subsection (a). | 5 | | (c) The employer may defend the action on the ground that | 6 | | the injury or disability was caused: | 7 | | (1) by an act of the employee intended to bring about | 8 | | the injury or disability; or | 9 | | (2) while the employee was in a state of intoxication. | 10 | | (d) In an action described by subsection (a) against an | 11 | | employer who elects not to be covered by this Act, the | 12 | | plaintiff must prove negligence of the employer or of an agent | 13 | | or servant of the employer acting within the general scope of | 14 | | the agent's or servant's employment. | 15 | | (e) A cause of action described by subsection (a) may not | 16 | | be waived by an employee before the employee's injury, | 17 | | disability, or death. Any agreement by an employee to waive a | 18 | | cause of action or any right described in subsection (a) before | 19 | | the employee's injury, disability, or death is void and | 20 | | unenforceable. | 21 | | (f) A cause of action described by subsection (a) may not | 22 | | be waived by an employee after the employee's injury unless: | 23 | | (1) the employee voluntarily enters into the waiver | 24 | | with knowledge of the waiver's effect; | 25 | | (2) the waiver is entered into not earlier than the | 26 | | 10th business day after the date of the initial report of |
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| 1 | | injury or disability; | 2 | | (3) the employee, before signing the waiver, has | 3 | | received a medical evaluation from a nonemergency care | 4 | | doctor; and | 5 | | (4) the waiver is in a writing under which the true | 6 | | intent of the parties is specifically stated in the | 7 | | document. | 8 | | (g) The waiver provisions required under subsection (f) | 9 | | must be conspicuous and appear on the face of the agreement. To | 10 | | be conspicuous, the waiver provisions must appear in a type | 11 | | larger than the type contained in the body of the agreement or | 12 | | in contrasting colors.
| 13 | | (820 ILCS 305/3) (from Ch. 48, par. 138.3)
| 14 | | Sec. 3.
(a) The provisions of this Act hereinafter | 15 | | following shall apply
automatically and without election to the | 16 | | State, county, city, town,
township, incorporated village or | 17 | | school district, body politic or
municipal corporation . | 18 | | (b) A governmental entity that enters into a building or | 19 | | construction contract shall require the contractor to certify | 20 | | in writing that the contractor has elected to provide workers' | 21 | | compensation coverage for each employee of the contractor | 22 | | employed on the public project. Each subcontractor on the | 23 | | public project shall provide such a certificate relating to | 24 | | coverage of the subcontractor's employees to the general | 25 | | contractor, who shall provide the subcontractor's certificate |
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| 1 | | to the governmental entity. A contractor who has a contract | 2 | | that requires workers' compensation coverage may provide the | 3 | | coverage through a group plan or other method satisfactory to | 4 | | the governing body of the governmental entity. The employment | 5 | | of a maintenance employee by an employer who is not engaging in | 6 | | building or construction as the employer's primary business | 7 | | does not constitute engaging in building or construction. As | 8 | | used in this subsection (b): | 9 | | (1) "Building or construction" includes: | 10 | | (A) erecting or preparing to erect a structure, | 11 | | including a building, bridge, roadway, public utility | 12 | | facility, or related appurtenance; | 13 | | (B) remodeling, extending, repairing, or | 14 | | demolishing a structure; or | 15 | | (C) otherwise improving real property or an | 16 | | appurtenance to real property through similar | 17 | | activities. | 18 | | (2) "Governmental entity" means an entity listed in | 19 | | subsection (a). | 20 | | , and to all employers and all their employees,
engaged in any | 21 | | department of the following enterprises or
businesses which are | 22 | | declared to be extra hazardous, namely:
| 23 | | 1. The erection, maintaining, removing, remodeling, | 24 | | altering or
demolishing of any structure.
| 25 | | 2. Construction, excavating or electrical work.
| 26 | | 3. Carriage by land, water or aerial service and loading or
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| 1 | | unloading in connection therewith, including the distribution | 2 | | of any
commodity by horsedrawn or motor vehicle where the | 3 | | employer employs more
than 2 employees in the enterprise or | 4 | | business.
| 5 | | 4. The operation of any warehouse or general or terminal | 6 | | storehouses.
| 7 | | 5. Mining, surface mining or quarrying.
| 8 | | 6. Any enterprise in which explosive materials are | 9 | | manufactured,
handled or used in dangerous quantities.
| 10 | | 7. In any business or enterprise, wherein molten metal, or | 11 | | explosive
or injurious gases, dusts or vapors, or inflammable | 12 | | vapors, dusts or
fluids, corrosive acids, or atomic radiation | 13 | | are manufactured, used,
generated, stored or conveyed.
| 14 | | 8. Any enterprise in which sharp edged cutting tools, | 15 | | grinders or
implements are used, including all enterprises | 16 | | which buy, sell or handle
junk and salvage, demolish or | 17 | | reconstruct machinery.
| 18 | | 9. In any enterprise in which statutory or municipal | 19 | | ordinance
regulations are now or shall hereafter be imposed for | 20 | | the regulating,
guarding, use or the placing of machinery or | 21 | | appliances or for the
protection and safeguarding of the | 22 | | employees or the public therein; each
of which occupations, | 23 | | enterprises or businesses are hereby declared to
be extra | 24 | | hazardous.
| 25 | | 10. Any enterprise, business or work in connection with the | 26 | | laying
out or improvement of subdivisions of tracts of land.
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| 1 | | 11. Any enterprise for the treatment of cross-ties, | 2 | | switch-ties,
telegraph poles, timber or other wood with | 3 | | creosote or other
preservatives.
| 4 | | 12. Establishments open to the general public wherein | 5 | | alcoholic
beverages are sold to the general public for | 6 | | consumption on the
premises.
| 7 | | 13. The operation of any public beauty shop wherein
| 8 | | chemicals, solutions, or heated instruments or objects are used | 9 | | or
applied by any employee in the dressing, treatment or waving | 10 | | of human
hair.
| 11 | | 14. Any business or enterprise serving food to the public | 12 | | for
consumption on the premises wherein any employee as a | 13 | | substantial part
of the employee's work uses handcutting | 14 | | instruments or slicing machines or
other devices for the | 15 | | cutting of meat or other food or wherein any employee
is in the | 16 | | hazard of being scalded or burned by hot grease, hot water, hot
| 17 | | foods, or other hot fluids, substances or objects.
| 18 | | 15. Any business or enterprise in which electric, gasoline | 19 | | or other
power driven equipment is used in the operation | 20 | | thereof.
| 21 | | 16. Any business or enterprise in which goods, wares or | 22 | | merchandise
are produced, manufactured or fabricated.
| 23 | | 17. (a) Any business or enterprise in which goods, wares or | 24 | | merchandise
are sold or in which services are rendered to the | 25 | | public at large,
provided that this paragraph shall not apply | 26 | | to
such business or enterprise unless the annual payroll during |
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| 1 | | the year
next preceding the date of injury shall be in excess | 2 | | of $1,000.
| 3 | | (b) The corporate
officers of any
domestic or foreign | 4 | | corporation employed by the corporation may elect to
withdraw | 5 | | themselves
as individuals from the operation of this Act. Upon | 6 | | an election by the
corporate
officers to withdraw, written | 7 | | notice shall be provided to the insurance
carrier of such | 8 | | election to withdraw, which election shall be effective
upon | 9 | | receipt by the insurance carrier of such
written notice. A | 10 | | corporate officer who thereafter elects to resume coverage
| 11 | | under the Act as an individual shall provide written notice of | 12 | | such election
to the insurance carrier which election shall be | 13 | | effective upon receipt by the
insurance carrier of such written | 14 | | notice. For the purpose of this paragraph,
a "corporate | 15 | | officer" is defined as a bona fide President, Vice President,
| 16 | | Secretary or Treasurer of a corporation who voluntarily elects | 17 | | to withdraw.
| 18 | | 18. On and after July 1, 1980, but not before, any | 19 | | household or residence
wherein domestic workers are employed | 20 | | for a total of 40 or
more hours per week for a period of 13 or | 21 | | more weeks during a calendar year.
| 22 | | (c) 19. Nothing contained in this Act shall be construed to | 23 | | apply to any
agricultural enterprise, including aquaculture, | 24 | | employing less than 400
working days of
agricultural or | 25 | | aquacultural labor per quarter during the preceding calendar
| 26 | | year,
exclusive of working hours of the employer's spouse and |
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| 1 | | other members of
his or her immediate family residing with him | 2 | | or her.
| 3 | | (d) 20. Nothing contained in this Act shall be construed to | 4 | | apply to any sole
proprietor or partner
or member of a limited | 5 | | liability company
who elects not to provide and pay | 6 | | compensation for
accidental injuries sustained by himself, | 7 | | arising out of and in the course
of the employment according to | 8 | | the provisions of this Act.
| 9 | | (Source: P.A. 91-591, eff. 8-14-99.)
| 10 | | (820 ILCS 305/4) (from Ch. 48, par. 138.4)
| 11 | | Sec. 4. (a) Any employer , including but not limited to | 12 | | general contractors
and their subcontractors, who shall come | 13 | | within the provisions of subsection (a) or (b) of
Section 3 of | 14 | | this Act, and any other employer who shall elect to provide
and | 15 | | pay the compensation provided for in this Act shall:
| 16 | | (1) File with the Commission annually an application | 17 | | for approval as a
self-insurer which shall include a | 18 | | current financial statement, and
annually, thereafter, an | 19 | | application for renewal of self-insurance, which
shall | 20 | | include a current financial statement. Said
application | 21 | | and financial statement shall be signed and sworn to by the
| 22 | | president or vice president and secretary or assistant | 23 | | secretary of the
employer if it be a corporation, or by all | 24 | | of the partners, if it be a
copartnership, or by the owner | 25 | | if it be neither a copartnership nor a
corporation. All |
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| 1 | | initial applications and all applications for renewal of
| 2 | | self-insurance must be submitted at least 60 days prior to | 3 | | the requested
effective date of self-insurance. An | 4 | | employer may elect to provide and pay
compensation as | 5 | | provided
for in this Act as a member of a group workers' | 6 | | compensation pool under Article
V 3/4 of the Illinois | 7 | | Insurance Code. If an employer becomes a member of a
group | 8 | | workers' compensation pool, the employer shall not be | 9 | | relieved of any
obligations imposed by this Act.
| 10 | | If the sworn application and financial statement of any | 11 | | such employer
does not satisfy the Commission of the | 12 | | financial ability of the employer
who has filed it, the | 13 | | Commission shall require such employer to,
| 14 | | (2) Furnish security, indemnity or a bond guaranteeing | 15 | | the payment
by the employer of the compensation provided | 16 | | for in this Act, provided
that any such employer whose | 17 | | application and financial statement shall
not have | 18 | | satisfied the commission of his or her financial ability | 19 | | and
who shall have secured his liability in part by excess | 20 | | liability insurance
shall be required to furnish to the | 21 | | Commission security, indemnity or bond
guaranteeing his or | 22 | | her payment up to the effective limits of the excess
| 23 | | coverage, or
| 24 | | (3) Insure his entire liability to pay such | 25 | | compensation in some
insurance carrier authorized, | 26 | | licensed, or permitted to do such
insurance business in |
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| 1 | | this State. Every policy of an insurance carrier,
insuring | 2 | | the payment of compensation under this Act shall cover all | 3 | | the
employees and the entire compensation liability of the | 4 | | insured:
Provided, however, that any employer may insure | 5 | | his or her compensation
liability with 2 or more insurance | 6 | | carriers or may insure a part and
qualify under subsection | 7 | | 1, 2, or 4 for the remainder of his or her
liability to pay | 8 | | such compensation, subject to the following two | 9 | | provisions:
| 10 | | Firstly, the entire compensation liability of the | 11 | | employer to
employees working at or from one location | 12 | | shall be insured in one such
insurance carrier or shall | 13 | | be self-insured, and
| 14 | | Secondly, the employer shall submit evidence | 15 | | satisfactorily to the
Commission that his or her entire | 16 | | liability for the compensation provided
for in this Act | 17 | | will be secured. Any provisions in any policy, or in | 18 | | any
endorsement attached thereto, attempting to limit | 19 | | or modify in any way,
the liability of the insurance | 20 | | carriers issuing the same except as
otherwise provided | 21 | | herein shall be wholly void.
| 22 | | Nothing herein contained shall apply to policies of | 23 | | excess liability
carriage secured by employers who have | 24 | | been approved by the Commission
as self-insurers, or
| 25 | | (4) Make some other provision, satisfactory to the | 26 | | Commission, for
the securing of the payment of compensation |
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| 1 | | provided for in this Act,
and
| 2 | | (5) Upon becoming subject to this Act and thereafter as | 3 | | often as the
Commission may in writing demand, file with | 4 | | the Commission in form prescribed
by it evidence of his or | 5 | | her compliance with the provision of this Section.
| 6 | | (a-1) Regardless of its state of domicile or its principal | 7 | | place of
business, an employer shall make payments to its | 8 | | insurance carrier or group
self-insurance fund, where | 9 | | applicable, based upon the premium rates of the
situs where the | 10 | | work or project is located in Illinois if:
| 11 | | (A) the employer is engaged primarily in the building | 12 | | and
construction industry; and
| 13 | | (B) subdivision (a)(3) of this Section applies to the | 14 | | employer or
the employer is a member of a group | 15 | | self-insurance plan as defined in
subsection (1) of Section | 16 | | 4a.
| 17 | | The Illinois Workers' Compensation Commission shall impose | 18 | | a penalty upon an employer
for violation of this subsection | 19 | | (a-1) if:
| 20 | | (i) the employer is given an opportunity at a hearing | 21 | | to present
evidence of its compliance with this subsection | 22 | | (a-1); and
| 23 | | (ii) after the hearing, the Commission finds that the | 24 | | employer
failed to make payments upon the premium rates of | 25 | | the situs where the work or
project is located in Illinois.
| 26 | | The penalty shall not exceed $1,000 for each day of work |
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| 1 | | for which
the employer failed to make payments upon the premium | 2 | | rates of the situs where
the
work or project is located in | 3 | | Illinois, but the total penalty shall not exceed
$50,000 for | 4 | | each project or each contract under which the work was
| 5 | | performed.
| 6 | | Any penalty under this subsection (a-1) must be imposed not | 7 | | later
than one year after the expiration of the applicable | 8 | | limitation period
specified in subsection (d) of Section 6 of | 9 | | this Act. Penalties imposed under
this subsection (a-1) shall | 10 | | be deposited into the Illinois Workers' Compensation | 11 | | Commission
Operations Fund, a special fund that is created in | 12 | | the State treasury. Subject
to appropriation, moneys in the | 13 | | Fund shall be used solely for the operations
of the Illinois | 14 | | Workers' Compensation Commission and by the Department of | 15 | | Financial and Professional Regulation for the purposes | 16 | | authorized in subsection (c) of Section 25.5 of this Act.
| 17 | | (b) The sworn application and financial statement, or | 18 | | security,
indemnity or bond, or amount of insurance, or other | 19 | | provisions, filed,
furnished, carried, or made by the employer, | 20 | | as the case may be, shall
be subject to the approval of the | 21 | | Commission.
| 22 | | Deposits under escrow agreements shall be cash, negotiable | 23 | | United
States government bonds or negotiable general | 24 | | obligation bonds of the
State of Illinois. Such cash or bonds | 25 | | shall be deposited in
escrow with any State or National Bank or | 26 | | Trust Company having trust
authority in the State of Illinois.
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| 1 | | Upon the approval of the sworn application and financial | 2 | | statement,
security, indemnity or bond or amount of insurance, | 3 | | filed, furnished or
carried, as the case may be, the Commission | 4 | | shall send to the employer
written notice of its approval | 5 | | thereof. The certificate of compliance
by the employer with the | 6 | | provisions of subparagraphs (2) and (3) of
paragraph (a) of | 7 | | this Section shall be delivered by the insurance
carrier to the | 8 | | Illinois Workers' Compensation Commission within five days | 9 | | after the
effective date of the policy so certified. The | 10 | | insurance so certified
shall cover all compensation liability | 11 | | occurring during the time that
the insurance is in effect and | 12 | | no further certificate need be filed in case
such insurance is | 13 | | renewed, extended or otherwise continued by such
carrier. The | 14 | | insurance so certified shall not be cancelled or in the
event | 15 | | that such insurance is not renewed, extended or otherwise
| 16 | | continued, such insurance shall not be terminated until at | 17 | | least 10
days after receipt by the Illinois Workers' | 18 | | Compensation Commission of notice of the
cancellation or | 19 | | termination of said insurance; provided, however, that
if the | 20 | | employer has secured insurance from another insurance carrier, | 21 | | or
has otherwise secured the payment of compensation in | 22 | | accordance with
this Section, and such insurance or other | 23 | | security becomes effective
prior to the expiration of the 10 | 24 | | days, cancellation or termination may, at
the option of the | 25 | | insurance carrier indicated in such notice, be effective
as of | 26 | | the effective date of such other insurance or security.
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| 1 | | (c) Whenever the Commission shall find that any | 2 | | corporation,
company, association, aggregation of individuals, | 3 | | reciprocal or
interinsurers exchange, or other insurer | 4 | | effecting workers' compensation
insurance in this State shall | 5 | | be insolvent, financially unsound, or
unable to fully meet all | 6 | | payments and liabilities assumed or to be
assumed for | 7 | | compensation insurance in this State, or shall practice a
| 8 | | policy of delay or unfairness toward employees in the | 9 | | adjustment,
settlement, or payment of benefits due such | 10 | | employees, the Commission
may after reasonable notice and | 11 | | hearing order and direct that such
corporation, company, | 12 | | association, aggregation of individuals,
reciprocal or | 13 | | interinsurers exchange, or insurer, shall from and after a
date | 14 | | fixed in such order discontinue the writing of any such | 15 | | workers'
compensation insurance in this State. Subject to such | 16 | | modification of
the order as the Commission may later make on | 17 | | review of the order,
as herein provided, it shall thereupon be | 18 | | unlawful for any such
corporation, company, association, | 19 | | aggregation of individuals,
reciprocal or interinsurers | 20 | | exchange, or insurer to effect any workers'
compensation | 21 | | insurance in this State. A copy of the order shall be served
| 22 | | upon the Director of Insurance by registered mail. Whenever the | 23 | | Commission
finds that any service or adjustment company used or | 24 | | employed
by a self-insured employer or by an insurance carrier | 25 | | to process,
adjust, investigate, compromise or otherwise | 26 | | handle claims under this
Act, has practiced or is practicing a |
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| 1 | | policy of delay or unfairness
toward employees in the | 2 | | adjustment, settlement or payment of benefits
due such | 3 | | employees, the Commission may after reasonable notice and
| 4 | | hearing order and direct that such service or adjustment | 5 | | company shall
from and after a date fixed in such order be | 6 | | prohibited from processing,
adjusting, investigating, | 7 | | compromising or otherwise handling claims
under this Act.
| 8 | | Whenever the Commission finds that any self-insured | 9 | | employer has
practiced or is practicing delay or unfairness | 10 | | toward employees in the
adjustment, settlement or payment of | 11 | | benefits due such employees, the
Commission may, after | 12 | | reasonable notice and hearing, order and direct
that after a | 13 | | date fixed in the order such self-insured employer shall be
| 14 | | disqualified to operate as a self-insurer and shall be required | 15 | | to
insure his entire liability to pay compensation in some | 16 | | insurance
carrier authorized, licensed and permitted to do such | 17 | | insurance business
in this State, as provided in subparagraph 3 | 18 | | of paragraph (a) of this
Section.
| 19 | | All orders made by the Commission under this Section shall | 20 | | be subject
to review by the courts, said review to be taken in | 21 | | the same manner and
within the same time as provided by Section | 22 | | 19 of this Act for review of
awards and decisions of the | 23 | | Commission, upon the party seeking the
review filing with the | 24 | | clerk of the court to which said review is taken
a bond in an | 25 | | amount to be fixed and approved by the court to which the
| 26 | | review is taken, conditioned upon the payment of all |
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| 1 | | compensation awarded
against the person taking said review | 2 | | pending a decision thereof and
further conditioned upon such | 3 | | other obligations as the court may impose.
Upon the review the | 4 | | Circuit Court shall have power to review all questions
of fact | 5 | | as well as of law. The penalty hereinafter provided for in this
| 6 | | paragraph shall not attach and shall not begin to run until the | 7 | | final
determination of the order of the Commission.
| 8 | | (d) Whenever a panel of 3 Commissioners comprised of one | 9 | | member of the employing class, one member of the employee | 10 | | class, and one member not identified with either the employing | 11 | | or employee class, with due process and after a hearing, | 12 | | determines an employer has knowingly failed to provide coverage | 13 | | as required by paragraph (a) of this Section, the failure shall | 14 | | be deemed an immediate serious danger to public health, safety, | 15 | | and welfare sufficient to justify service by the Commission of | 16 | | a work-stop order on such employer, requiring the cessation of | 17 | | all business operations of such employer at the place of | 18 | | employment or job site. Any law enforcement agency in the State | 19 | | shall, at the request of the Commission, render any assistance | 20 | | necessary to carry out the provisions of this Section, | 21 | | including, but not limited to, preventing any employee of such | 22 | | employer from remaining at a place of employment or job site | 23 | | after a work-stop order has taken effect. Any work-stop order | 24 | | shall be lifted upon proof of insurance as required by this | 25 | | Act. Any orders under this Section are appealable under Section | 26 | | 19(f) to the Circuit Court.
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| 1 | | Any individual employer, corporate officer or director of a | 2 | | corporate employer, partner of an employer partnership, or | 3 | | member of an employer limited liability company who knowingly | 4 | | fails to provide coverage as required by paragraph (a) of this | 5 | | Section is guilty of a Class 4 felony. This provision shall not | 6 | | apply to any corporate officer or director of any | 7 | | publicly-owned corporation. Each day's violation constitutes a | 8 | | separate offense. The State's Attorney of the county in which | 9 | | the violation occurred, or the Attorney General, shall bring | 10 | | such actions in the name of the People of the State of | 11 | | Illinois, or may, in addition to other remedies provided in | 12 | | this Section, bring an action for an injunction to restrain the | 13 | | violation or to enjoin the operation of any such employer.
| 14 | | Any individual employer, corporate officer or director of a | 15 | | corporate employer, partner of an employer partnership, or | 16 | | member of an employer limited liability company who negligently | 17 | | fails to provide coverage as required by paragraph (a) of this | 18 | | Section is guilty of a Class A misdemeanor. This provision | 19 | | shall not apply to any corporate officer or director of any | 20 | | publicly-owned corporation. Each day's violation constitutes a | 21 | | separate offense. The State's Attorney of the county in which | 22 | | the violation occurred, or the Attorney General, shall bring | 23 | | such actions in the name of the People of the State of | 24 | | Illinois.
| 25 | | The criminal penalties in this subsection (d) shall not | 26 | | apply where
there exists a good faith dispute as to the |
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| 1 | | existence of an
employment relationship. Evidence of good faith | 2 | | shall
include, but not be limited to, compliance with the | 3 | | definition
of employee as used by the Internal Revenue Service.
| 4 | | Employers who are subject to and who knowingly fail to | 5 | | comply with this Section shall not be entitled to the benefits | 6 | | of this Act during the period of noncompliance, but shall be | 7 | | liable in an action under any other applicable law of this | 8 | | State. In the action, such employer shall not avail himself or | 9 | | herself of the defenses of assumption of risk or negligence or | 10 | | that the injury was due to a co-employee. In the action, proof | 11 | | of the injury shall constitute prima facie evidence of | 12 | | negligence on the part of such employer and the burden shall be | 13 | | on such employer to show freedom of negligence resulting in the | 14 | | injury. The employer shall not join any other defendant in any | 15 | | such civil action. Nothing in this amendatory Act of the 94th | 16 | | General Assembly shall affect the employee's rights under | 17 | | subdivision (a)3 of Section 1 of this Act. Any employer or | 18 | | carrier who makes payments under subdivision (a)3 of Section 1 | 19 | | of this Act shall have a right of reimbursement from the | 20 | | proceeds of any recovery under this Section.
| 21 | | An employee of an uninsured employer, or the employee's | 22 | | dependents in case death ensued, may, instead of proceeding | 23 | | against the employer in a civil action in court, file an | 24 | | application for adjustment of claim with the Commission in | 25 | | accordance with the provisions of this Act and the Commission | 26 | | shall hear and determine the application for adjustment of |
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| 1 | | claim in the manner in which other claims are heard and | 2 | | determined before the Commission.
| 3 | | All proceedings under this subsection (d) shall be reported | 4 | | on an annual basis to the Workers' Compensation Advisory Board.
| 5 | | Upon a finding by the Commission, after reasonable notice | 6 | | and
hearing, of the knowing and wilful failure or refusal of an | 7 | | employer to
comply with
any of the provisions of paragraph (a) | 8 | | of this Section or the failure or
refusal of an employer, | 9 | | service or adjustment company, or an insurance
carrier to | 10 | | comply with any order of the Illinois Workers' Compensation | 11 | | Commission pursuant to
paragraph (c) of this Section | 12 | | disqualifying him or her to operate as a self
insurer and | 13 | | requiring him or her to insure his or her liability, the
| 14 | | Commission may assess a civil penalty of up to $500 per day for | 15 | | each day of
such failure or refusal after the effective date of | 16 | | this amendatory Act of
1989. The minimum penalty under this | 17 | | Section shall be the sum of $10,000.
Each day of such failure | 18 | | or refusal shall constitute a separate offense.
The Commission | 19 | | may assess the civil penalty personally and individually
| 20 | | against the corporate officers and directors of a corporate | 21 | | employer, the
partners of an employer partnership, and the | 22 | | members of an employer limited
liability company, after a | 23 | | finding of a knowing and willful refusal or failure
of each | 24 | | such named corporate officer, director, partner, or member to | 25 | | comply
with this Section. The liability for the assessed | 26 | | penalty shall be
against the named employer first, and
if the |
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| 1 | | named employer fails or refuses to pay the penalty to the
| 2 | | Commission within 30 days after the final order of the | 3 | | Commission, then the
named
corporate officers, directors, | 4 | | partners, or members who have been found to have
knowingly and | 5 | | willfully refused or failed to comply with this Section shall | 6 | | be
liable for the unpaid penalty or any unpaid portion of the | 7 | | penalty. Upon investigation by the insurance non-compliance | 8 | | unit of the Commission, the Attorney General shall have the | 9 | | authority to prosecute all proceedings to enforce the civil and | 10 | | administrative provisions of this Section before the | 11 | | Commission. The Commission shall promulgate procedural rules | 12 | | for enforcing this Section.
| 13 | | Upon the failure or refusal of any employer, service or | 14 | | adjustment
company or insurance carrier to comply with the | 15 | | provisions of this Section
and with the orders of the | 16 | | Commission under this Section, or the order of
the court on | 17 | | review after final adjudication, the Commission may bring a
| 18 | | civil action to recover the amount of the penalty in Cook | 19 | | County or in
Sangamon County in which litigation the Commission | 20 | | shall be represented by
the Attorney General. The Commission | 21 | | shall send notice of its finding of
non-compliance and | 22 | | assessment of the civil penalty to the Attorney General.
It | 23 | | shall be the duty of the Attorney General within 30 days after | 24 | | receipt
of the notice, to institute prosecutions and promptly | 25 | | prosecute all
reported violations of this Section.
| 26 | | Any individual employer, corporate officer or director of a |
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| 1 | | corporate employer, partner of an employer partnership, or | 2 | | member of an employer limited liability company who, with the | 3 | | intent to avoid payment of compensation under this Act to an | 4 | | injured employee or the employee's dependents, knowingly | 5 | | transfers, sells, encumbers, assigns, or in any manner disposes | 6 | | of, conceals, secretes, or destroys any property belonging to | 7 | | the employer, officer, director, partner, or member is guilty | 8 | | of a Class 4 felony.
| 9 | | Penalties and fines collected pursuant to this paragraph | 10 | | (d) shall be deposited upon receipt into a special fund which | 11 | | shall be designated the Injured Workers' Benefit Fund, of which | 12 | | the State Treasurer is ex-officio custodian, such special fund | 13 | | to be held and disbursed in accordance with this paragraph (d) | 14 | | for the purposes hereinafter stated in this paragraph (d), upon | 15 | | the final order of the Commission. The Injured Workers' Benefit | 16 | | Fund shall be deposited the same as are State funds and any | 17 | | interest accruing thereon shall be added thereto every 6 | 18 | | months. The Injured Workers' Benefit Fund is subject to audit | 19 | | the same as State funds and accounts and is protected by the | 20 | | general bond given by the State Treasurer. The Injured Workers' | 21 | | Benefit Fund is considered always appropriated for the purposes | 22 | | of disbursements as provided in this paragraph, and shall be | 23 | | paid out and disbursed as herein provided and shall not at any | 24 | | time be appropriated or diverted to any other use or purpose. | 25 | | Moneys in the Injured Workers' Benefit Fund shall be used only | 26 | | for payment of workers' compensation benefits for injured |
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| 1 | | employees when the employer has failed to provide coverage as | 2 | | determined under this paragraph (d) and has failed to pay the | 3 | | benefits due to the injured employee. The Commission shall have | 4 | | the right to obtain reimbursement from the employer for | 5 | | compensation obligations paid by the Injured Workers' Benefit | 6 | | Fund. Any such amounts obtained shall be deposited by the | 7 | | Commission into the Injured Workers' Benefit Fund. If an | 8 | | injured employee or his or her personal representative receives | 9 | | payment from the Injured Workers' Benefit Fund, the State of | 10 | | Illinois has the same rights under paragraph (b) of Section 5 | 11 | | that the employer who failed to pay the benefits due to the | 12 | | injured employee would have had if the employer had paid those | 13 | | benefits, and any moneys recovered by the State as a result of | 14 | | the State's exercise of its rights under paragraph (b) of | 15 | | Section 5 shall be deposited into the Injured Workers' Benefit | 16 | | Fund. The custodian of the Injured Workers' Benefit Fund shall | 17 | | be joined with the employer as a party respondent in the | 18 | | application for adjustment of claim. After July 1, 2006, the | 19 | | Commission shall make disbursements from the Fund once each | 20 | | year to each eligible claimant. An eligible claimant is an | 21 | | injured worker who has within the previous fiscal year obtained | 22 | | a final award for benefits from the Commission against the | 23 | | employer and the Injured Workers' Benefit Fund and has notified | 24 | | the Commission within 90 days of receipt of such award. Within | 25 | | a reasonable time after the end of each fiscal year, the | 26 | | Commission shall make a disbursement to each eligible claimant. |
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| 1 | | At the time of disbursement, if there are insufficient moneys | 2 | | in the Fund to pay all claims, each eligible claimant shall | 3 | | receive a pro-rata share, as determined by the Commission, of | 4 | | the available moneys in the Fund for that year. Payment from | 5 | | the Injured Workers' Benefit Fund to an eligible claimant | 6 | | pursuant to this provision shall discharge the obligations of | 7 | | the Injured Workers' Benefit Fund regarding the award entered | 8 | | by the Commission.
| 9 | | (e) This Act shall not affect or disturb the continuance of | 10 | | any
existing insurance, mutual aid, benefit, or relief | 11 | | association or
department, whether maintained in whole or in | 12 | | part by the employer or
whether maintained by the employees, | 13 | | the payment of benefits of such
association or department being | 14 | | guaranteed by the employer or by some
person, firm or | 15 | | corporation for him or her: Provided, the employer contributes
| 16 | | to such association or department an amount not less than the | 17 | | full
compensation herein provided, exclusive of the cost of the | 18 | | maintenance
of such association or department and without any | 19 | | expense to the
employee. This Act shall not prevent the | 20 | | organization and maintaining
under the insurance laws of this | 21 | | State of any benefit or insurance
company for the purpose of | 22 | | insuring against the compensation provided
for in this Act, the | 23 | | expense of which is maintained by the employer.
This Act shall | 24 | | not prevent the organization or maintaining under the
insurance | 25 | | laws of this State of any voluntary mutual aid, benefit or
| 26 | | relief association among employees for the payment of |
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| 1 | | additional
accident or sick benefits.
| 2 | | (f) No existing insurance, mutual aid, benefit or relief | 3 | | association
or department shall, by reason of anything herein | 4 | | contained, be
authorized to discontinue its operation without | 5 | | first discharging its
obligations to any and all persons | 6 | | carrying insurance in the same or
entitled to relief or | 7 | | benefits therein.
| 8 | | (g) Any contract, oral, written or implied, of employment | 9 | | providing
for relief benefit, or insurance or any other device | 10 | | whereby the
employee is required to pay any premium or premiums | 11 | | for insurance
against the compensation provided for in this Act | 12 | | shall be null and
void. Any employer withholding from the wages | 13 | | of any employee any
amount for the purpose of paying any such | 14 | | premium shall be guilty of a
Class B misdemeanor.
| 15 | | In the event the employer does not pay the compensation for | 16 | | which he or
she is liable, then an insurance company, | 17 | | association or insurer which may
have insured such employer | 18 | | against such liability shall become primarily
liable to pay to | 19 | | the employee, his or her personal representative or
beneficiary | 20 | | the compensation required by the provisions of this Act to
be | 21 | | paid by such employer. The insurance carrier may be made a | 22 | | party to
the proceedings in which the employer is a party and | 23 | | an award may be
entered jointly against the employer and the | 24 | | insurance carrier.
| 25 | | (h) It shall be unlawful for any employer, insurance | 26 | | company or
service or adjustment company to interfere with, |
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| 1 | | restrain or coerce an
employee in any manner whatsoever in the | 2 | | exercise of the rights or
remedies granted to him or her by | 3 | | this Act or to discriminate, attempt to
discriminate, or | 4 | | threaten to discriminate against an employee in any way
because | 5 | | of his or her exercise of the rights or remedies granted to
him | 6 | | or her by this Act.
| 7 | | It shall be unlawful for any employer, individually or | 8 | | through any
insurance company or service or adjustment company, | 9 | | to discharge or to
threaten to discharge, or to refuse to | 10 | | rehire or recall to active
service in a suitable capacity an | 11 | | employee because of the exercise of
his or her rights or | 12 | | remedies granted to him or her by this Act.
| 13 | | (i) If an employer elects to obtain a life insurance policy | 14 | | on his
employees, he may also elect to apply such benefits in | 15 | | satisfaction of all
or a portion of the death benefits payable | 16 | | under this Act, in which case,
the employer's compensation | 17 | | premium shall be reduced accordingly.
| 18 | | (j) Within 45 days of receipt of an initial application or | 19 | | application
to renew self-insurance privileges the | 20 | | Self-Insurers Advisory Board shall
review and submit for | 21 | | approval by the Chairman of the Commission
recommendations of | 22 | | disposition of all initial applications to self-insure
and all | 23 | | applications to renew self-insurance privileges filed by | 24 | | private
self-insurers pursuant to the provisions of this | 25 | | Section and Section 4a-9
of this Act. Each private self-insurer | 26 | | shall submit with its initial and
renewal applications the |
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| 1 | | application fee required by Section 4a-4 of this Act.
| 2 | | The Chairman of the Commission shall promptly act upon all | 3 | | initial
applications and applications for renewal in full | 4 | | accordance with the
recommendations of the Board or, should the | 5 | | Chairman disagree with any
recommendation of disposition of the | 6 | | Self-Insurer's Advisory Board, he
shall within 30 days of | 7 | | receipt of such recommendation provide to the Board
in writing | 8 | | the reasons supporting his decision. The Chairman shall also
| 9 | | promptly notify the employer of his decision within 15 days of | 10 | | receipt of
the recommendation of the Board.
| 11 | | If an employer is denied a renewal of self-insurance | 12 | | privileges pursuant
to application it shall retain said | 13 | | privilege for 120 days after receipt of
a notice of | 14 | | cancellation of the privilege from the Chairman of the | 15 | | Commission.
| 16 | | All orders made by the Chairman under this Section shall be | 17 | | subject to
review by the courts, such review to be taken in the | 18 | | same manner and within
the same time as provided by subsection | 19 | | (f) of Section 19 of this Act for
review of awards and | 20 | | decisions of the Commission, upon the party seeking
the review | 21 | | filing with the clerk of the court to which such review is | 22 | | taken
a bond in an amount to be fixed and approved by the court | 23 | | to which the
review is taken, conditioned upon the payment of | 24 | | all compensation awarded
against the person taking such review | 25 | | pending a decision thereof and
further conditioned upon such | 26 | | other obligations as the court may impose.
Upon the review the |
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| 1 | | Circuit Court shall have power to review all questions
of fact | 2 | | as well as of law.
| 3 | | (Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05; | 4 | | 94-839, eff. 6-6-06.)
| 5 | | (820 ILCS 305/6) (from Ch. 48, par. 138.6)
| 6 | | Sec. 6. (a) Every employer within the provisions of this | 7 | | Act, shall,
under the rules and regulations prescribed by the | 8 | | Commission, post
printed notices in their respective places of | 9 | | employment in such number
and at such places as may be | 10 | | determined by the Commission, containing
such information | 11 | | relative to this Act as in the judgment of the
Commission may | 12 | | be necessary to aid employees to safeguard their rights
under | 13 | | this Act in event of injury.
| 14 | | In addition thereto, the employer shall post in a | 15 | | conspicuous place
on the place of the employment a printed or | 16 | | typewritten notice stating
whether he is insured or whether he | 17 | | has qualified and is operating as a
self-insured employer. In | 18 | | the event the employer is insured, the notice
shall state the | 19 | | name and address of his insurance carrier, the number of
the | 20 | | insurance policy, its effective date and the date of | 21 | | termination. In
the event of the termination of the policy for | 22 | | any reason prior to the
termination date stated, the posted | 23 | | notice shall promptly be corrected
accordingly. In the event | 24 | | the employer is operating as a self-insured
employer the notice | 25 | | shall state the name and address of the company, if
any, |
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| 1 | | servicing the compensation payments of the employer, and the | 2 | | name
and address of the person in charge of making compensation | 3 | | payments.
| 4 | | (a-5) An employer shall notify each employee whether or not | 5 | | the employer is covered under this Act. The employer shall | 6 | | notify a new employee of the existence or absence of coverage | 7 | | under this Act at the time the employee is hired. Each employer | 8 | | shall post a notice of whether the employer is covered under | 9 | | this Act at conspicuous locations at the employer's place of | 10 | | business as necessary to provide reasonable notice to the | 11 | | employees. The Commission may adopt rules relating to the form | 12 | | and content of the notice. The employer shall revise the notice | 13 | | when the information contained in the notice is changed. An | 14 | | employer who elects to be covered under this Act or who | 15 | | withdraws from coverage shall notify each employee that the | 16 | | coverage has been elected or withdrawn not later than the 15th | 17 | | day after the date on which the election or withdrawal takes | 18 | | effect. | 19 | | (b) Every employer subject to this Act shall maintain | 20 | | accurate
records of work-related deaths, injuries and illness | 21 | | other than minor
injuries requiring only first aid treatment | 22 | | and which do not involve
medical treatment, loss of | 23 | | consciousness, restriction of work or motion,
or transfer to | 24 | | another job and file with the Commission, in writing, a
report | 25 | | of all accidental deaths, injuries and illnesses arising out of
| 26 | | and in the course of the employment resulting in the loss of |
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| 1 | | more than
3 scheduled work days. In the case of death such | 2 | | report shall be
made no later than 2 working days following the | 3 | | accidental death. In
all other cases such report shall be made | 4 | | between the 15th and 25th of
each month unless required to be | 5 | | made sooner by rule of the Commission.
In case the injury | 6 | | results in permanent disability, a further report
shall be made | 7 | | as soon as it is determined that such permanent disability
has | 8 | | resulted or will result from the injury. All reports shall | 9 | | state
the date of the injury, including the time of day or | 10 | | night, the nature
of the employer's business, the name, | 11 | | address, age, sex, conjugal
condition of the injured person, | 12 | | the specific occupation of the injured
person, the direct cause | 13 | | of the injury and the nature of the accident,
the character of | 14 | | the injury, the length of disability, and in case of
death the | 15 | | length of disability before death, the wages of the injured
| 16 | | person, whether compensation has been paid to the injured | 17 | | person, or to
his or her legal representative or his heirs or | 18 | | next of kin, the amount of
compensation paid, the amount paid | 19 | | for physicians', surgeons' and
hospital bills, and by whom | 20 | | paid, and the amount paid for funeral or
burial expenses if | 21 | | known. The reports shall be made on forms and in the
manner as | 22 | | prescribed by the Commission and shall contain such further
| 23 | | information as the Commission shall deem necessary and require. | 24 | | The
making of these reports releases the employer from making | 25 | | such reports
to any other officer of the State and shall | 26 | | satisfy the reporting
provisions as contained in the "Health |
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| 1 | | and Safety Act" and "An Act in
relation to safety inspections | 2 | | and education in industrial and
commercial establishments and | 3 | | to repeal an Act therein named", approved
July 18, 1955, as now | 4 | | or hereafter amended. The reports filed with the
Commission | 5 | | pursuant to this Section shall be made available by the
| 6 | | Commission to the Director of Labor or his representatives and | 7 | | to all
other departments of the State of Illinois which shall | 8 | | require such
information for the proper discharge of their | 9 | | official duties. Failure
to file with the Commission any of the | 10 | | reports required in this Section
is a petty offense.
| 11 | | Except as provided in this paragraph, all reports filed | 12 | | hereunder shall
be confidential and any person
having access to | 13 | | such records filed with the Illinois Workers' Compensation | 14 | | Commission as
herein required, who shall release any | 15 | | information therein contained
including the names or otherwise | 16 | | identify any persons sustaining
injuries or disabilities, or | 17 | | give access to such information to any
unauthorized person, | 18 | | shall be subject to discipline or discharge, and in
addition | 19 | | shall be guilty of a Class B misdemeanor. The Commission shall
| 20 | | compile and distribute to interested persons aggregate | 21 | | statistics, taken
from the reports filed hereunder. The | 22 | | aggregate statistics shall not give
the names or otherwise | 23 | | identify persons sustaining injuries or disabilities
or the | 24 | | employer of any injured or disabled person.
| 25 | | (c) Notice of the accident shall be given to the employer | 26 | | as soon as
practicable, but not later than 45 days after the |
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| 1 | | accident. Provided:
| 2 | | (1) In case of the legal disability of the employee
or any | 3 | | dependent of a
deceased employee who may be entitled to | 4 | | compensation under the
provisions of this Act, the limitations | 5 | | of time by this Act provided do
not begin to run against such | 6 | | person under legal disability
until a
guardian has been | 7 | | appointed.
| 8 | | (2) In cases of injuries sustained by exposure to | 9 | | radiological
materials or equipment, notice shall be given to | 10 | | the employer within 90
days subsequent to the time that the | 11 | | employee knows or suspects that he
has received an excessive | 12 | | dose of radiation.
| 13 | | No defect or inaccuracy of such notice shall be a bar to | 14 | | the
maintenance of proceedings on arbitration or otherwise by | 15 | | the employee
unless the employer proves that he is unduly | 16 | | prejudiced in such
proceedings by such defect or inaccuracy.
| 17 | | Notice of the accident shall give the approximate date and | 18 | | place of
the accident, if known, and may be given orally or in | 19 | | writing.
| 20 | | (d) Every employer shall notify each injured employee who | 21 | | has been
granted compensation under the provisions of Section 8 | 22 | | of this Act
of his rights to rehabilitation services and advise | 23 | | him of the locations
of available public rehabilitation centers | 24 | | and any other such services
of which the employer has | 25 | | knowledge.
| 26 | | In any case, other than one where the injury was caused by |
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| 1 | | exposure
to radiological materials or equipment or asbestos | 2 | | unless the application for
compensation is filed with the | 3 | | Commission within 3 years after the date
of the accident, where | 4 | | no compensation has been paid, or within 2 years
after the date | 5 | | of the last payment of compensation, where any has been
paid, | 6 | | whichever shall be later, the right to file such application | 7 | | shall
be barred.
| 8 | | In any case of injury caused by exposure to radiological | 9 | | materials or
equipment or asbestos, unless application for | 10 | | compensation is filed with the
Commission within 25 years after | 11 | | the last day that the employee was
employed in an environment | 12 | | of hazardous radiological activity or asbestos,
the right to | 13 | | file such application shall be barred.
| 14 | | If in any case except one where the injury was caused by | 15 | | exposure to
radiological materials or equipment or asbestos, | 16 | | the accidental injury
results in death application for | 17 | | compensation for death may be filed with the
Commission within | 18 | | 3 years after the date of death where no compensation
has been | 19 | | paid or within 2 years after the date of the last payment of
| 20 | | compensation where any has been paid, whichever shall be later, | 21 | | but not
thereafter.
| 22 | | If an accidental injury caused by exposure to radiological | 23 | | material
or equipment or asbestos results in death within 25 | 24 | | years after the last
day that the employee was so exposed | 25 | | application for compensation for death may
be filed with the | 26 | | Commission within 3 years after the date of death,
where no |
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| 1 | | compensation has been paid, or within 2 years after the date of
| 2 | | the last payment of compensation where any has been paid, | 3 | | whichever
shall be later, but not thereafter.
| 4 | | (e) Any contract or agreement made by any employer or his | 5 | | agent or
attorney with any employee or any other beneficiary of | 6 | | any claim under
the provisions of this Act within 7 days after | 7 | | the injury shall be
presumed to be fraudulent.
| 8 | | (f) Any condition or impairment of health of an employee | 9 | | employed as a
firefighter, emergency medical technician (EMT), | 10 | | or paramedic which results
directly or indirectly from any | 11 | | bloodborne pathogen, lung or respiratory
disease
or condition, | 12 | | heart
or vascular disease or condition, hypertension, | 13 | | tuberculosis, or cancer
resulting in any disability | 14 | | (temporary, permanent, total, or partial) to the
employee shall | 15 | | be rebuttably presumed to arise out of and in the course of
the | 16 | | employee's firefighting, EMT, or paramedic employment and, | 17 | | further, shall
be
rebuttably presumed to be causally connected | 18 | | to the hazards or exposures of
the employment. This presumption | 19 | | shall also apply to any hernia or hearing
loss suffered by an | 20 | | employee employed as a firefighter, EMT, or paramedic.
However, | 21 | | this presumption shall not apply to any employee who has been | 22 | | employed
as a firefighter, EMT, or paramedic for less than 5 | 23 | | years at the time he or she files an Application for Adjustment | 24 | | of Claim concerning this condition or impairment with the | 25 | | Illinois Workers' Compensation Commission. The Finding and | 26 | | Decision of the Illinois Workers' Compensation Commission |
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| 1 | | under only the rebuttable presumption provision of this | 2 | | subsection shall not be admissible or be deemed res judicata in | 3 | | any disability claim under the Illinois Pension Code arising | 4 | | out of the same medical condition; however, this sentence makes | 5 | | no change to the law set forth in Krohe v. City of Bloomington, | 6 | | 204 Ill.2d 392.
| 7 | | (Source: P.A. 95-316, eff. 1-1-08.)
| 8 | | (820 ILCS 305/11) (from Ch. 48, par. 138.11)
| 9 | | Sec. 11. The compensation herein provided, together with | 10 | | the
provisions of this Act, shall be the measure of the | 11 | | responsibility of
any employer who comes within subsection (a) | 12 | | or (b)_of engaged in any of the enterprises or businesses | 13 | | enumerated
in Section 3 of this Act, or of any employer who | 14 | | does not come within subsection (a) or (b)_of Section 3 of this | 15 | | Act is not engaged in any
such enterprises or businesses, but | 16 | | who has elected to provide and pay
compensation for accidental | 17 | | injuries sustained by any employee arising
out of and in the | 18 | | course of the employment according to the provisions
of this | 19 | | Act, and whose election to continue under this Act, has not | 20 | | been
nullified by any action of his employees as provided for | 21 | | in this Act.
| 22 | | Accidental injuries incurred while participating in | 23 | | voluntary recreational
programs including but not limited to | 24 | | athletic events, parties and picnics
do not arise out of and in | 25 | | the course of the employment even though the
employer pays some |
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| 1 | | or all of the cost thereof. This exclusion shall not apply
in | 2 | | the event that the injured employee was ordered or assigned by | 3 | | his employer
to participate in the program.
| 4 | | Accidental injuries incurred while participating as a | 5 | | patient in a drug
or alcohol rehabilitation program do not | 6 | | arise out of and in the course
of employment even though the | 7 | | employer pays some or all of the costs thereof. | 8 | | Any injury to or disease or death of an employee arising | 9 | | from the administration of a vaccine, including without | 10 | | limitation smallpox vaccine, to prepare for, or as a response | 11 | | to, a threatened or potential bioterrorist incident to the | 12 | | employee as part of a voluntary inoculation program in | 13 | | connection with the person's employment or in connection with | 14 | | any governmental program or recommendation for the inoculation | 15 | | of workers in the employee's occupation, geographical area, or | 16 | | other category that includes the employee is deemed to arise | 17 | | out of and in the course of the employment for all purposes | 18 | | under this Act. This paragraph added by this amendatory Act of | 19 | | the 93rd General Assembly is declarative of existing law and is | 20 | | not a new enactment.
| 21 | | (Source: P.A. 93-829, eff. 7-28-04.)
| 22 | | (820 ILCS 305/17) (from Ch. 48, par. 138.17)
| 23 | | Sec. 17. The Commission shall cause to be printed and | 24 | | furnish free of
charge upon request by any employer or employee | 25 | | such blank forms as may
facilitate or promote efficient |
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| 1 | | administration and the performance of
the duties of the | 2 | | Commission. It shall provide a proper record in which
shall be | 3 | | entered and indexed the name of any employer who shall file a
| 4 | | notice of declination or withdrawal under this Act, and the | 5 | | date of the
filing thereof; and a proper record in which shall | 6 | | be entered and
indexed the name of any employee who shall file | 7 | | such notice of
declination or withdrawal, and the date of the | 8 | | filing thereof; and such
other notices as may be required by | 9 | | this Act; and records in which shall
be recorded all | 10 | | proceedings, orders and awards had or made by the
Commission or | 11 | | by the arbitration committees, and such other books or
records | 12 | | as it shall deem
necessary, all such records to be kept in the
| 13 | | office of the Commission.
| 14 | | An employer who elects not to be covered by this Act or who | 15 | | withdraws from coverage under this Act must file a
notice of | 16 | | declination or withdrawal under this Act with the Commission in | 17 | | writing, in the time and as prescribed by Commission rule, that | 18 | | the employer elects not to be covered. The Commission shall | 19 | | prescribe forms to be used for the employer notification and | 20 | | shall require the employer to provide reasonable information to | 21 | | the Commission about the employer's business. | 22 | | The Commission may destroy all papers and documents which | 23 | | have been
on file for more than 5 years where there is no claim | 24 | | for compensation
pending or where more than 2 years have | 25 | | elapsed since the termination of
the compensation period.
| 26 | | The Commission shall compile and distribute to interested |
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| 1 | | persons aggregate
statistics, taken from any records and | 2 | | reports in the possession of the
Commission. The aggregate | 3 | | statistics shall not give the names or otherwise
identify | 4 | | persons sustaining injuries or disabilities or the employer of
| 5 | | any injured or disabled person.
| 6 | | The Commission is authorized to establish reasonable fees | 7 | | and methods
of payment limited to covering only the costs to | 8 | | the Commission for processing,
maintaining and generating | 9 | | records or data necessary for the computerized
production of | 10 | | documents, records and other materials except to the extent
of | 11 | | any salaries or compensation of Commission officers or | 12 | | employees.
| 13 | | All fees collected by the Commission under this Section | 14 | | shall be deposited
in the Statistical Services Revolving Fund | 15 | | and credited to the account of
the Illinois Workers' | 16 | | Compensation Commission.
| 17 | | (Source: P.A. 93-721, eff. 1-1-05.)
| 18 | | Section 10. The Workers' Occupational Diseases Act is | 19 | | amended by changing Sections 1, 2, 6, and 17 and by adding | 20 | | Section 2.1 as follows:
| 21 | | (820 ILCS 310/1) (from Ch. 48, par. 172.36)
| 22 | | Sec. 1. This Act shall be known and may be cited as the | 23 | | "Workers'
Occupational Diseases Act".
| 24 | | (a) The term "employer" as used in this Act means a person |
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| 1 | | who employs one or more employees. shall be construed to
be:
| 2 | | 1. The State and each county, city, town, township, | 3 | | incorporated
village, school district, body politic, or | 4 | | municipal corporation
therein.
| 5 | | 2. Every person, firm, public or private corporation, | 6 | | including
hospitals, public service, eleemosynary, | 7 | | religious or charitable
corporations or associations, who | 8 | | has any person in service or under any
contract for hire, | 9 | | express or implied, oral or written.
| 10 | | 3. Where an employer operating under and subject to the | 11 | | provisions
of this Act loans an employee to another such | 12 | | employer and such loaned
employee sustains a compensable | 13 | | occupational disease in the employment
of such borrowing | 14 | | employer and where such borrowing employer does not
provide | 15 | | or pay the benefits or payments due such employee, such | 16 | | loaning
employer shall be liable to provide or pay all | 17 | | benefits or payments due
such employee under this Act and | 18 | | as to such employee the liability of
such loaning and | 19 | | borrowing employers shall be joint and several,
provided | 20 | | that such loaning employer shall in the absence of | 21 | | agreement to
the contrary be entitled to receive from such | 22 | | borrowing employer full
reimbursement for all sums paid or | 23 | | incurred pursuant to this paragraph
together with | 24 | | reasonable attorneys' fees and expenses in any hearings
| 25 | | before the Illinois Workers' Compensation Commission or in | 26 | | any action to secure such
reimbursement. Where any benefit |
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| 1 | | is provided or paid by such loaning
employer, the employee | 2 | | shall have the duty of rendering reasonable
co-operation in | 3 | | any hearings, trials or proceedings in the case,
including | 4 | | such proceedings for reimbursement.
| 5 | | Where an employee files an Application for Adjustment | 6 | | of Claim with
the Illinois Workers' Compensation | 7 | | Commission alleging that his or her claim is covered by
the | 8 | | provisions of the preceding paragraph, and joining both the | 9 | | alleged
loaning and borrowing employers, they and each of | 10 | | them, upon written
demand by the employee and within 7 days | 11 | | after receipt of such demand,
shall have the duty of filing | 12 | | with the Illinois Workers' Compensation Commission a | 13 | | written
admission or denial of the allegation that the | 14 | | claim is covered by the
provisions of the preceding | 15 | | paragraph and in default of such filing or
if any such | 16 | | denial be ultimately determined not to have been bona fide
| 17 | | then the provisions of Paragraph K of Section 19 of this | 18 | | Act shall
apply.
| 19 | | An employer whose business or enterprise or a | 20 | | substantial part
thereof consists of hiring, procuring or | 21 | | furnishing employees to or for
other employers operating | 22 | | under and subject to the provisions of this
Act for the | 23 | | performance of the work of such other employers and who | 24 | | pays
such employees their salary or wage notwithstanding | 25 | | that they are doing
the work of such other employers shall | 26 | | be deemed a loaning employer
within the meaning and |
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| 1 | | provisions of this Section.
| 2 | | (b) The term "employee" as used in this Act, shall be | 3 | | construed to
mean:
| 4 | | 1. Every person in the service of the State, county, | 5 | | city, town,
township, incorporated village or school | 6 | | district, body politic or
municipal corporation therein, | 7 | | whether by election, appointment or
contract of hire, | 8 | | express or implied, oral or written, including any
official | 9 | | of the State, or of any county, city, town, township,
| 10 | | incorporated village, school district, body politic or | 11 | | municipal
corporation therein and except any duly | 12 | | appointed member of the fire
department in any city whose | 13 | | population exceeds 500,000 according to the
last Federal or | 14 | | State census, and except any member of a fire insurance
| 15 | | patrol maintained by a board of underwriters in this State. | 16 | | One employed
by a contractor who has contracted with the | 17 | | State, or a county, city,
town, township, incorporated | 18 | | village, school district, body politic or
municipal | 19 | | corporation therein, through its representatives, shall | 20 | | not be
considered as an employee of the State, county, | 21 | | city, town, township,
incorporated village, school | 22 | | district, body politic or municipal
corporation which made | 23 | | the contract.
| 24 | | 2. Every person in the service of another under any | 25 | | contract of
hire, express or implied, oral or written, who | 26 | | contracts an occupational
disease while working in the |
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| 1 | | State of Illinois, or who contracts an
occupational disease | 2 | | while working outside of the State of Illinois but
where | 3 | | the contract of hire is made within the State of Illinois, | 4 | | and any
person whose employment is principally localized | 5 | | within the State of
Illinois, regardless of the place where | 6 | | the disease was contracted or
place where the contract of | 7 | | hire was made, including aliens, and minors
who, for the | 8 | | purpose of this Act, except Section 3 hereof, shall be
| 9 | | considered the same and have the same power to contract, | 10 | | receive
payments and give quittances therefor, as adult | 11 | | employees. An employee
or his or her dependents under this | 12 | | Act who shall have a cause of action
by reason of an | 13 | | occupational disease, disablement or death arising out
of | 14 | | and in the course of his or her employment may elect or | 15 | | pursue
his or her remedy in the State where the disease was | 16 | | contracted, or in the
State where the contract of hire is | 17 | | made, or in the State where the
employment is principally | 18 | | localized.
| 19 | | Nothing in this subsection (b) shall be construed to | 20 | | require coverage of an employee by an employer who elects not | 21 | | to be covered by this Act. | 22 | | (c) "Commission" means the Illinois Workers' Compensation | 23 | | Commission created by the
Workers' Compensation Act, approved | 24 | | July 9, 1951, as amended.
| 25 | | (d) In this Act the term "Occupational Disease" means a | 26 | | disease
arising out of and in the course of the employment or |
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| 1 | | which has become
aggravated and rendered disabling as a result | 2 | | of the exposure of the
employment. Such aggravation shall arise | 3 | | out of a risk peculiar to or
increased by the employment and | 4 | | not common to the general public.
| 5 | | A disease shall be deemed to arise out of the employment if | 6 | | there is
apparent to the rational mind, upon consideration of | 7 | | all the
circumstances, a causal connection between the | 8 | | conditions under which
the work is performed and the | 9 | | occupational disease. The disease need not
to have been | 10 | | foreseen or expected but after its contraction it must
appear | 11 | | to have had its origin or aggravation in a risk connected with
| 12 | | the employment and to have flowed from that source as a | 13 | | rational
consequence.
| 14 | | An employee shall be conclusively deemed to have been | 15 | | exposed to the
hazards of an occupational disease when, for any | 16 | | length of time however
short, he or she is employed in an | 17 | | occupation or process in which the
hazard of the disease | 18 | | exists; provided however, that in a claim of
exposure to atomic | 19 | | radiation, the fact of such exposure must be verified
by the | 20 | | records of the central registry of radiation exposure | 21 | | maintained
by the Department of Public Health or by some other | 22 | | recognized
governmental agency maintaining records of such | 23 | | exposures whenever and
to the extent that the records are on | 24 | | file with the Department of Public
Health or the agency. | 25 | | Any injury to or disease or death of an employee arising | 26 | | from the administration of a vaccine, including without |
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| 1 | | limitation smallpox vaccine, to prepare for, or as a response | 2 | | to, a threatened or potential bioterrorist incident to the | 3 | | employee as part of a voluntary inoculation program in | 4 | | connection with the person's employment or in connection with | 5 | | any governmental program or recommendation for the inoculation | 6 | | of workers in the employee's occupation, geographical area, or | 7 | | other category that includes the employee is deemed to arise | 8 | | out of and in the course of the employment for all purposes | 9 | | under this Act. This paragraph added by Public Act 93-829 is | 10 | | declarative of existing law and is not a new enactment.
| 11 | | The employer liable for the compensation in this Act | 12 | | provided shall
be the employer in whose employment the employee | 13 | | was last exposed to the
hazard of the occupational disease | 14 | | claimed upon regardless of the length
of time of such last | 15 | | exposure, except, in cases of silicosis or
asbestosis, the only | 16 | | employer liable shall be the last employer in whose
employment | 17 | | the employee was last exposed during a period of 60 days or
| 18 | | more after the effective date of this Act, to the hazard of | 19 | | such
occupational disease, and, in such cases, an exposure | 20 | | during a period of
less than 60 days, after the effective date | 21 | | of this Act, shall not be
deemed a last exposure. If a miner | 22 | | who is suffering or suffered from
pneumoconiosis was employed | 23 | | for 10 years or more in one or more coal
mines there shall, | 24 | | effective July 1, 1973 be a rebuttable presumption
that his or | 25 | | her pneumoconiosis arose out of such employment.
| 26 | | If a deceased miner was employed for 10 years or more in |
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| 1 | | one or more
coal mines and died from a respirable disease there | 2 | | shall, effective
July 1, 1973, be a rebuttable presumption that | 3 | | his or her death was due
to pneumoconiosis.
| 4 | | Any condition or impairment of health of an employee | 5 | | employed as a
firefighter, emergency medical technician (EMT), | 6 | | or paramedic which results
directly or indirectly from any | 7 | | bloodborne pathogen, lung or respiratory
disease
or
condition, | 8 | | heart
or vascular disease or condition, hypertension, | 9 | | tuberculosis, or cancer
resulting
in any disability | 10 | | (temporary, permanent, total, or partial) to the employee
shall | 11 | | be rebuttably presumed to arise out of and in the course of the
| 12 | | employee's firefighting, EMT, or paramedic employment and, | 13 | | further, shall be
rebuttably presumed to be causally connected | 14 | | to the hazards or exposures of
the employment. This presumption | 15 | | shall also apply to any hernia or hearing
loss suffered by an | 16 | | employee employed as a firefighter, EMT, or paramedic.
However, | 17 | | this presumption shall not apply to any employee who has been | 18 | | employed
as a firefighter, EMT, or paramedic for less than 5 | 19 | | years at the time he or she files an Application for Adjustment | 20 | | of Claim concerning this condition or impairment with the | 21 | | Illinois Workers' Compensation Commission. The Finding and | 22 | | Decision of the Illinois Workers' Compensation Commission | 23 | | under only the rebuttable presumption provision of this | 24 | | paragraph shall not be admissible or be deemed res judicata in | 25 | | any disability claim under the Illinois Pension Code arising | 26 | | out of the same medical condition; however, this sentence makes |
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| 1 | | no change to the law set forth in Krohe v. City of Bloomington, | 2 | | 204 Ill.2d 392.
| 3 | | The insurance carrier liable shall be the carrier whose | 4 | | policy was in
effect covering the employer liable on the last | 5 | | day of the exposure
rendering such employer liable in | 6 | | accordance with the provisions of this
Act.
| 7 | | (e) "Disablement" means an impairment or partial | 8 | | impairment,
temporary or permanent, in the function of the body | 9 | | or any of the
members of the body, or the event of becoming | 10 | | disabled from earning full
wages at the work in which the | 11 | | employee was engaged when last exposed to
the hazards of the | 12 | | occupational disease by the employer from whom he or
she claims | 13 | | compensation, or equal wages in other suitable employment;
and | 14 | | "disability" means the state of being so incapacitated.
| 15 | | (f) No compensation shall be payable for or on account of | 16 | | any
occupational disease unless disablement, as herein | 17 | | defined, occurs
within two years after the last day of the last | 18 | | exposure to the hazards
of the disease, except in cases of | 19 | | occupational disease caused by
berylliosis or by the inhalation | 20 | | of silica dust or asbestos dust and, in
such cases, within 3 | 21 | | years after the last day of the last exposure to
the hazards of | 22 | | such disease and except in the case of occupational
disease | 23 | | caused by exposure to radiological materials or equipment, and
| 24 | | in such case, within 25 years after the last day of last | 25 | | exposure to the
hazards of such disease.
| 26 | | (Source: P.A. 95-316, eff. 1-1-08; 95-331, eff. 8-21-07.)
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| 1 | | (820 ILCS 310/2) (from Ch. 48, par. 172.37)
| 2 | | Sec. 2. (a) Where any employer in this State is | 3 | | automatically
and without election subject to and bound by the | 4 | | provisions of
the Workers' Compensation Act by reason of the | 5 | | provisions of subsection (a) or (b) of
Section 3 thereof, as | 6 | | heretofore or hereafter amended, then
such employer and all of | 7 | | his employees working within this
State shall be automatically | 8 | | and without election subject to
and bound by the compensation | 9 | | provisions of this Act with
respect to all cases in which the | 10 | | last day of the last exposure
to the hazards of the disease | 11 | | claimed upon shall have been on
or after the effective date of | 12 | | this amendatory Act of the 97th General Assembly July 1, 1957 . | 13 | | However, nothing contained in this Act
shall be construed to | 14 | | apply to any business, enterprise,
household or residence which | 15 | | is exempt from the compensation
provisions of the Workers' | 16 | | Compensation Act under subsection (c) of paragraphs
17, 18 and | 17 | | 19 of Section 3 of that Act.
| 18 | | (b) Any employer in this State who does not come within the | 19 | | classes
enumerated by Section 2 (a) of this Act may elect to | 20 | | provide and pay
compensation according to the provisions of | 21 | | this Act, for disability or
death resulting from occupational | 22 | | diseases, and such election, when
effective, shall apply to all | 23 | | cases in which the last day of the last
exposure as defined in | 24 | | this Act to the hazards of the occupational
disease claimed | 25 | | upon shall have occurred on or after the effective date
of such |
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| 1 | | election, and shall relieve such employer of all liability | 2 | | under
Section 3 of this Act and all other liability with | 3 | | respect to injury to
health or death therefrom by reason of any | 4 | | disease contracted or
sustained in the course of the | 5 | | employment. The State of Illinois hereby
elects to provide and | 6 | | pay compensation according to the provisions of
this Act.
| 7 | | (c) Election by any employer, pursuant to paragraph (b) of | 8 | | this
Section shall be made by filing notice of such election | 9 | | with the
Illinois Workers' Compensation Commission or by | 10 | | insuring his liability to pay compensation
under this Act in | 11 | | some insurance carrier authorized, licensed or
permitted to do | 12 | | such insurance business in this State. Such employer
shall | 13 | | either furnish to his employees personally or post in a
| 14 | | conspicuous place in the place of employment notice of his | 15 | | election.
| 16 | | (d) Every employer who has elected pursuant to paragraphs | 17 | | (b) and
(c) of this section to provide and pay compensation | 18 | | shall, from and
after the effective date of such election be | 19 | | and operate under all
provisions of this Act except Section 3 | 20 | | hereof, with respect to all his
employees except those who have | 21 | | rejected in due time as provided in
paragraph (e). Any employer | 22 | | having elected, prior to October 1, 1941,
not to provide and | 23 | | pay compensation may at any time thereafter again
elect | 24 | | pursuant to paragraphs (b) and (c) to provide and pay
| 25 | | compensation, but having thus elected for the second time to | 26 | | provide and
pay compensation such employer shall, from and |
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| 1 | | after the effective date
of such last said election, be and | 2 | | operate under all provisions of this
Act, except Section 3 | 3 | | hereof, with respect to all employees except those
who have | 4 | | rejected in due time as provided in paragraph (e) of this
| 5 | | section.
| 6 | | (e) If any employer elects, pursuant to paragraph (b) and | 7 | | (c) of
this section, then every employee of such employer, who | 8 | | may be employed
at the time of such election by such employer, | 9 | | shall be deemed to have
accepted all the compensation | 10 | | provisions of this Act and shall be bound
thereby unless within | 11 | | 30 days after such election he shall file a notice
to the | 12 | | contrary with the Commission whose duty it shall be immediately
| 13 | | to notify the employer, and until such notice is given to the | 14 | | employer,
the measure of liability of such employer shall be | 15 | | determined according
to the compensation provisions of this | 16 | | Act; and every employee of such
employer, hired after such | 17 | | employer's election, as a part of his
contract of hiring shall | 18 | | be deemed to have accepted all of the
compensation provisions | 19 | | of this Act, and shall have no right of
rejection.
| 20 | | (f) Every employer within the provisions of this Act who | 21 | | has elected
to provide any pay compensation according to the | 22 | | provisions of this Act
by filing notice of such election with | 23 | | the Commission, shall be bound
thereby as to all his employees | 24 | | until January 1st of the next succeeding
year and for terms of | 25 | | each year thereafter.
| 26 | | Any such employer who may have once elected, may elect not |
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| 1 | | to provide
and pay the compensation herein provided for | 2 | | accidents resulting in
either injury or death and occurring | 3 | | after the expiration of any such
calendar year by filing notice | 4 | | of such election with the Commission at
least 60 days prior to | 5 | | the expiration of any such calendar year, and by
posting such | 6 | | notice at a conspicuous place in the plant, shop, office,
room | 7 | | or place where such employee is employed, or by personal | 8 | | service,
in written or printed form, upon such employees, at | 9 | | least 60 days prior
to the expiration of any such calendar | 10 | | year.
| 11 | | Every employer within the provisions of this Act who has | 12 | | elected to
provide and pay compensation according to the | 13 | | provisions of this Act by
insuring his liability to pay | 14 | | compensation under this Act, as above
provided, shall be bound | 15 | | thereby as to all his employees until the date
of expiration or | 16 | | cancellation of such policy of insurance, or any
renewal | 17 | | thereof.
| 18 | | (g) An employer who elects to be covered under the Workers' | 19 | | Compensation Act may not decline coverage under this Act. An | 20 | | employer who declines coverage under the Workers' Compensation | 21 | | Act may not elect to be covered under this Act. An employer who | 22 | | withdraws from coverage under the Workers' Compensation Act | 23 | | must also withdraw from coverage under this Act. | 24 | | (Source: P.A. 93-721, eff. 1-1-05.)
| 25 | | (820 ILCS 310/2.1 new) |
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| 1 | | Sec. 2.1. Common-law defenses; burden of proof; waiver. | 2 | | Section 2.1 of the Workers' Compensation Act applies when an | 3 | | employer who elects not to be covered by this Act and the | 4 | | Workers' Compensation Act.
| 5 | | (820 ILCS 310/6) (from Ch. 48, par. 172.41)
| 6 | | Sec. 6. (a) Every employer operating under the compensation
| 7 | | provisions of this Act, shall post printed notices in their | 8 | | respective
places of employment in conspicuous places and in | 9 | | such number and at
such places as may be determined by the | 10 | | Commission, containing such
information relative to this Act as | 11 | | in the judgment of the Commission
may be necessary to aid | 12 | | employees to safeguard their rights under this Act.
| 13 | | In addition thereto, the employer shall post in a | 14 | | conspicuous place
on the premises of the employment a printed | 15 | | or typewritten notice
stating whether he is insured or whether | 16 | | he has qualified and is
operating as a self-insured employer. | 17 | | In the event the employer is
insured, the notice shall state | 18 | | the name and address of his or her insurance
carrier, the | 19 | | number of the insurance policy, its effective date and the
date | 20 | | of termination. In the event of the termination of the policy | 21 | | for
any reason prior to the termination date stated, the posted | 22 | | notice shall
promptly be corrected accordingly. In the event | 23 | | the employer is
operating as a self-insured employer the notice | 24 | | shall state the name and
address of the company, if any, | 25 | | servicing the compensation payments of
the employer, and the |
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| 1 | | name and address of the person in charge of making
compensation | 2 | | payments.
| 3 | | (a-5) An employer shall notify each employee whether or not | 4 | | the employer is covered under this Act. The employer shall | 5 | | notify a new employee of the existence or absence of coverage | 6 | | under this Act at the time the employee is hired. Each employer | 7 | | shall post a notice of whether the employer is covered under | 8 | | this Act at conspicuous locations at the employer's place of | 9 | | business as necessary to provide reasonable notice to the | 10 | | employees. The Commission may adopt rules relating to the form | 11 | | and content of the notice. The employer shall revise the notice | 12 | | when the information contained in the notice is changed. An | 13 | | employer who elects to be covered under this Act or who | 14 | | withdraws from coverage shall notify each employee that the | 15 | | coverage has been elected or withdrawn not later than the 15th | 16 | | day after the date on which the election or withdrawal takes | 17 | | effect. | 18 | | (b) Every employer subject to this Act shall maintain | 19 | | accurate
records of work-related deaths, injuries and | 20 | | illnesses other than minor
injuries requiring only first aid | 21 | | treatment and which do not involve
medical treatment, loss of | 22 | | consciousness, restriction of work or motion
or transfer to | 23 | | another job and file with the Illinois Workers' Compensation | 24 | | Commission, in
writing, a report of all occupational diseases | 25 | | arising out of and in the
course of the employment and | 26 | | resulting in death, or disablement or
illness resulting in the |
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| 1 | | loss of more than 3 scheduled work
days. In the case
of death | 2 | | such report shall be made no later than 2 working days
| 3 | | following the occupational death. In all other cases such | 4 | | report shall
be made between the 15th and 25th of each month | 5 | | unless required to be
made sooner by rule of the Illinois | 6 | | Workers' Compensation Commission. In case the
occupational | 7 | | disease results in permanent disability, a further report
shall | 8 | | be made as soon as it is determined that such permanent | 9 | | disability
has resulted or will result therefrom. All reports | 10 | | shall state the date
of the disablement, the nature of the | 11 | | employer's business, the name,
address, the age, sex, conjugal | 12 | | condition of the disabled person, the
specific occupation of | 13 | | the person, the nature and character of the
occupational | 14 | | disease, the length of disability, and, in case of death,
the | 15 | | length of disability before death, the wages of the employee,
| 16 | | whether compensation has been paid to the employee, or to his | 17 | | legal
representative or his heirs or next of kin, the amount of | 18 | | compensation
paid, the amount paid for physicians', surgeons' | 19 | | and hospital bills, and
by whom paid, and the amount paid for | 20 | | funeral or burial expenses, if
known. The reports shall be made | 21 | | on forms and in the manner as
prescribed by the Illinois | 22 | | Workers' Compensation
Commission and shall contain such | 23 | | further
information as the Commission shall deem necessary and | 24 | | require. The
making of such reports releases the employer from | 25 | | making such reports to
any other officer of the State and shall | 26 | | satisfy the reporting
provisions as contained in the "Health |
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| 1 | | And Safety Act" and "An Act in
relation to safety inspections | 2 | | and education in industrial and
commercial establishments and | 3 | | to repeal an Act therein named", approved
July 18, 1955, as | 4 | | amended. The report filed with the Illinois Workers' | 5 | | Compensation
Commission pursuant to the provisions of this | 6 | | Section shall be made
available by the Illinois Workers' | 7 | | Compensation Commission to the Director of Labor or his
| 8 | | representatives, to the Department of Public Health pursuant to | 9 | | the
Illinois Health and Hazardous Substances Registry Act, and | 10 | | to all other
departments of the State of Illinois which shall | 11 | | require such information
for the proper discharge of their | 12 | | official duties. Failure to file with
the Commission any of the | 13 | | reports required in this Section is a petty offense.
| 14 | | Except as provided in this paragraph, all reports filed | 15 | | hereunder shall
be confidential and any person
having access to | 16 | | such records filed with the Illinois Workers' Compensation | 17 | | Commission as
herein required, who shall release the names or | 18 | | otherwise identify any
persons sustaining injuries or | 19 | | disabilities, or gives access to such
information to any | 20 | | unauthorized person, shall be subject to discipline
or | 21 | | discharge, and in addition shall be guilty of a Class B | 22 | | misdemeanor.
The Commission shall compile and distribute to | 23 | | interested persons aggregate
statistics, taken from the | 24 | | reports filed hereunder. The aggregate statistics
shall not | 25 | | give the names or otherwise identify persons sustaining | 26 | | injuries
or disabilities or the employer of any injured or |
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| 1 | | disabled person.
| 2 | | (c) There shall be given notice to the employer of | 3 | | disablement
arising from an occupational disease as soon as | 4 | | practicable after the
date of the disablement. If the | 5 | | Commission shall find that the failure
to give such notice | 6 | | substantially prejudices the rights of the employer
the | 7 | | Commission in its discretion may order that the right of the
| 8 | | employee to proceed under this Act shall be barred.
| 9 | | In case of legal disability of the employee or any | 10 | | dependent of a
deceased employee who may be entitled to | 11 | | compensation, under the
provisions of this Act, the limitations | 12 | | of time in this Section of this
Act provided shall not begin to | 13 | | run against such person who is under legal
disability until a | 14 | | conservator or guardian has been appointed. No defect or
| 15 | | inaccuracy of such notice shall be a bar to the maintenance of | 16 | | proceedings on
arbitration or otherwise by the employee unless | 17 | | the employer proves that
he or she is unduly prejudiced in such | 18 | | proceedings by such defect or
inaccuracy. Notice of the | 19 | | disabling disease may be given orally or in writing.
In any | 20 | | case, other than injury or death caused by exposure to | 21 | | radiological
materials or equipment or asbestos, unless | 22 | | application for compensation
is filed with the Commission | 23 | | within 3 years after the date of the
disablement, where no | 24 | | compensation has been paid, or within 2 years
after the date of | 25 | | the last payment of compensation, where any has been
paid, | 26 | | whichever shall be later, the right to file such application
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| 1 | | shall be barred. If the occupational disease results in death,
| 2 | | application for compensation for death may be filed with the | 3 | | Commission
within 3 years after the date of death where no | 4 | | compensation has been
paid, or within 3 years after the last | 5 | | payment of compensation, where
any has been paid, whichever is | 6 | | later, but not thereafter.
| 7 | | Effective July 1, 1973 in cases of disability caused by | 8 | | coal miners
pneumoconiosis unless application for compensation | 9 | | is filed with the
Commission within 5 years after the employee | 10 | | was last exposed where no
compensation has been paid, or within | 11 | | 5 years after the last payment of
compensation where any has | 12 | | been paid, the right to file such application
shall be barred.
| 13 | | In cases of disability caused by exposure to radiological | 14 | | materials
or equipment or asbestos, unless application for | 15 | | compensation is filed with the
Commission within 25 years after | 16 | | the employee was so exposed, the right
to file such application | 17 | | shall be barred.
| 18 | | In cases of death occurring within 25 years from the last | 19 | | exposure to
radiological material or equipment or asbestos, | 20 | | application for compensation
must be filed within 3 years of | 21 | | death where no compensation has been paid, or
within 3 years, | 22 | | after the date of the last payment where any has been
paid, but | 23 | | not thereafter.
| 24 | | (d) Any contract or agreement made by any employer or his | 25 | | agent or
attorney with any employee or any other beneficiary of | 26 | | any claim under
the provisions of this Act within 7 days after |
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| 1 | | the disablement shall be
presumed to be fraudulent.
| 2 | | (Source: P.A. 93-721, eff. 1-1-05.)
| 3 | | (820 ILCS 310/17) (from Ch. 48, par. 172.52)
| 4 | | Sec. 17. The Commission shall cause to be printed and shall | 5 | | furnish
free of charge upon request by any employer or employee | 6 | | such blank forms
as it shall deem requisite to facilitate or | 7 | | promote the efficient
administration of this Act, and the | 8 | | performance of the duties of the
Commission. It shall provide a | 9 | | proper record in which shall be entered
and indexed the name of | 10 | | any employer who shall file a notice of election
under this | 11 | | Act, and the date of the filing thereof; and a proper record
in | 12 | | which shall be entered and indexed the name of any employee who | 13 | | shall
file a notice of election, and the date of the filing | 14 | | thereof; and such
other notices as may be required by this Act; | 15 | | and records in which shall
be recorded all proceedings, orders | 16 | | and awards had or made by the
Commission, or by the arbitration | 17 | | committees, and such other books or
records as it shall deem | 18 | | necessary, all such records to be kept in the
office of the | 19 | | Commission. The Commission, in its discretion, may destroy
all | 20 | | papers and documents except notices of election and waivers | 21 | | which
have been on file for more than five years where there is | 22 | | no claim for
compensation pending, or where more than two years | 23 | | have elapsed since
the termination of the compensation period.
| 24 | | An employer who elects not to be covered by this Act or who | 25 | | withdraws from coverage under this Act must file a
notice of |
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| 1 | | declination or withdrawal under this Act with the Commission in | 2 | | writing, in the time and as prescribed by Commission rule, that | 3 | | the employer elects not to be covered. The Commission shall | 4 | | prescribe forms to be used for the employer notification and | 5 | | shall require the employer to provide reasonable information to | 6 | | the Commission about the employer's business. | 7 | | The Commission shall compile and distribute to interested | 8 | | persons aggregate
statistics, taken from any records and | 9 | | reports in the possession of the
Commission. The aggregate | 10 | | statistics shall not give the names or otherwise
identify | 11 | | persons sustaining injuries or disabilities or the employer of
| 12 | | any injured or disabled person.
| 13 | | The Commission is authorized to establish reasonable fees | 14 | | and methods
of payment limited to covering only the costs to | 15 | | the Commission for processing,
maintaining and generating | 16 | | records or data necessary for the computerized
production of | 17 | | documents, records and other materials except to the extent
of | 18 | | any salaries or compensation of Commission officers or | 19 | | employees.
| 20 | | All fees collected by the Commission under this Section | 21 | | shall be deposited
in the Statistical Services Revolving Fund | 22 | | and credited to the account of
the Illinois Workers' | 23 | | Compensation Commission.
| 24 | | (Source: P.A. 93-721, eff. 1-1-05.)".
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