(820 ILCS 310/3) (from Ch. 48, par. 172.38)
Sec. 3. Where an employee in this State sustains injury to health or death
by reason of a disease contracted or sustained in the course of the
employment and proximately caused by the negligence of the employer, unless
such employer shall be subject to this Act under the provisions of
paragraph (a) of Section 2 of this Act or shall have elected to provide
and pay compensation as provided in Section 2 of this Act, a right of
action shall accrue to the employee whose health has been so injured for
any damages sustained thereby; and in case of death, a right of action
shall accrue to the widow or widower of such deceased person, his
or her lineal heirs or
adopted children, or to any person or persons who were, before such loss of
life, dependent for support upon such deceased person, for a like recovery
of damages for the injury sustained by reason of such death not to exceed
the sum of $10,000. Violation by any employer of any effective rule or
rules made pursuant to the Health and Safety
Act or the Occupational Safety and Health Act, or violation by the employer
of any statute of this State, intended for the protection of the health of
employees shall be and constitute negligence of the employer within the
meaning of this Section. Every such action for damage for injury to the
health shall be commenced within 3 years after the last day of the last
exposure to the hazards of the disease and every such action for damages in
case of death shall be commenced within one year after the death of such
employee and within 5 years after the last day of the last exposure to the
hazards of the disease except where the disease is caused by atomic
radiation, in which case, every action for damages for injury to health
shall be commenced within 15 years after the last day of last exposure to
the hazard of such disease and every action for damages in case of death
shall be commenced within one year after the death of such employee and
within 15 years after last exposure to the hazards of the disease. In any
action to recover damages under this Section, it shall not be a defense
that the employee either expressly or impliedly assumed the risk of the
employment, or that the contraction or sustaining of the disease or death
was caused in whole or in part by the negligence of a fellow servant or
fellow servants, or that the contraction or sustaining of the disease or
death resulting was caused in whole or in part by the contributory
negligence of the employee, where such contributory negligence was not
wilful.
(Source: P.A. 98-874, eff. 1-1-15.)
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