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91_SB1535
LRB9111439WHcs
1 AN ACT to amend certain Acts in relation to accidental
2 injuries.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Workers' Compensation Act is amended by
6 changing Section 11 as follows:
7 (820 ILCS 305/11) (from Ch. 48, par. 138.11)
8 Sec. 11. The compensation herein provided, together with
9 the provisions of this Act, shall be the measure of the
10 responsibility of any employer engaged in any of the
11 enterprises or businesses enumerated in Section 3 of this
12 Act, or of any employer who is not engaged in any such
13 enterprises or businesses, but who has elected to provide and
14 pay compensation for accidental injuries sustained by any
15 employee arising out of and in the course of the employment
16 according to the provisions of this Act, and whose election
17 to continue under this Act, has not been nullified by any
18 action of his employees as provided for in this Act.
19 Accidental injuries incurred while participating in
20 voluntary recreational programs including but not limited to
21 athletic events, parties and picnics do not arise out of and
22 in the course of the employment even though the employer pays
23 some or all of the cost thereof. This exclusion shall not
24 apply in the event that the injured employee was ordered or
25 assigned by his employer to participate in the program.
26 Accidental injuries incurred while participating as a
27 patient in a drug or alcohol rehabilitation program do not
28 arise out of and in the course of employment even though the
29 employer pays some or all of the costs thereof.
30 On and after the effective date of this amendatory Act of
31 the 91st General Assembly, accidental injuries incurred due
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1 to repetitive or cumulative trauma, or disability caused by
2 the natural deterioration or breakdown of tissue, an organ or
3 part of the body, do not arise out of and in the course of
4 the employment unless the injury or breakdown results from a
5 risk peculiar to or increased by the employment, and not
6 common to the general public, which is the major contributory
7 cause, rather than merely a contributory cause, of such
8 injury or breakdown.
9 (Source: P.A. 81-1482.)
10 Section 11. The Workers' Occupational Diseases Act is
11 amended by changing Section 11 as follows:
12 (820 ILCS 310/11) (from Ch. 48, par. 172.46)
13 Sec. 11. The compensation herein provided for shall be
14 the full, complete and only measure of the liability of the
15 employer bound by election under this Act and such employer's
16 liability for compensation and medical benefits under this
17 Act shall be exclusive and in place of any and all other
18 civil liability whatsoever, at common law or otherwise, to
19 any employee or his legal representative on account of
20 damage, disability or death caused or contributed to by any
21 disease contracted or sustained in the course of the
22 employment.
23 On and after the effective date of this amendatory Act of
24 the 91st General Assembly, accidental injuries incurred due
25 to repetitive or cumulative trauma, or disability caused by
26 the natural deterioration or breakdown of tissue, an organ or
27 part of the body, do not arise out of and in the course of
28 the employment unless the injury or breakdown results from a
29 risk peculiar to or increased by the employment, and not
30 common to the general public, which is the major contributory
31 cause, rather than merely a contributory cause, of such
32 injury or breakdown.
-3- LRB9111439WHcs
1 (Source: Laws 1951, p. 1095.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.