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Public Act 102-0037 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Insurance Law of the
Civil | ||||
Administrative Code of Illinois is amended by adding Section | ||||
1405-40 as follows: | ||||
(20 ILCS 1405/1405-40 new) | ||||
Sec. 1405-40. Transfer of functions. | ||||
(a) On the effective date of this amendatory Act of the | ||||
102nd General Assembly, all powers, duties, rights, and | ||||
responsibilities of the Insurance Compliance Division within | ||||
the Illinois Workers' Compensation Commission are transferred | ||||
to the Department of Insurance. The personnel of the Insurance | ||||
Compliance Division are transferred to the Department of | ||||
Insurance. The status and rights of such personnel under the | ||||
Personnel Code are not affected by the transfer. The rights of | ||||
the employees and the State of Illinois and its agencies under | ||||
the Personnel Code and applicable collective bargaining | ||||
agreements or under any pension, retirement, or annuity plan | ||||
are not affected by this amendatory Act of the 102nd General | ||||
Assembly. All books, records, papers, documents, property | ||||
(real and personal), contracts, causes of action, and pending | ||||
business pertaining to the powers, duties, rights, and |
responsibilities transferred by this amendatory Act of the | ||
102nd General Assembly from the Insurance Compliance Division | ||
to the Department of Insurance, including, but not limited to, | ||
material in electronic or magnetic format and necessary | ||
computer hardware and software, are transferred to the | ||
Department of Insurance. The powers, duties, rights, and | ||
responsibilities relating to the Insurance Compliance Division | ||
transferred by this amendatory Act of the 102nd General | ||
Assembly are vested in the Department of Insurance. | ||
(b) Whenever reports or notices are required to be made or | ||
given or papers or documents furnished or served by any person | ||
to or upon the Insurance Compliance Division in connection | ||
with any of the powers, duties, rights, and responsibilities | ||
transferred by this amendatory Act of the 102nd General | ||
Assembly, the Department of Insurance shall make, give, | ||
furnish, or serve them. | ||
(c) This amendatory Act of the 102nd General Assembly does | ||
not affect any act done, ratified, or canceled, any right | ||
occurring or established, or any action or proceeding had or | ||
commenced in an administrative, civil, or criminal cause by | ||
the Insurance Compliance Division before the effective date of | ||
this amendatory Act of the 102nd General Assembly. Such | ||
actions or proceedings may be prosecuted and continued by the | ||
Department of Insurance. | ||
(d) Any rules that relate to its powers, duties, rights, | ||
and responsibilities of the Insurance Compliance Division and |
are in force on the effective date of this amendatory Act of | ||
the 102nd General Assembly become the rules of the Department | ||
of Insurance. This amendatory Act of the 102nd General | ||
Assembly does not affect the legality of any such rules. | ||
(e) Any proposed rules filed with the Secretary of State | ||
by the Illinois Workers' Compensation Commission that are | ||
pending in the rulemaking process on the effective date of | ||
this amendatory Act of the 102nd General Assembly and pertain | ||
to the transferred powers, duties, rights, and | ||
responsibilities are deemed to have been filed by the | ||
Department of Insurance. As soon as practicable, the | ||
Department of Insurance shall revise and clarify the rules | ||
transferred to it under this amendatory Act of the 102nd | ||
General Assembly to reflect the reorganization of powers, | ||
duties, rights, and responsibilities affected by this | ||
amendatory Act of the 102nd General Assembly, using the | ||
procedures for recodification of rules available under the | ||
Illinois Administrative Procedure Act, except that existing | ||
title, part, and section numbering for the affected rules may | ||
be retained. The Department of Insurance may propose and adopt | ||
under the Illinois Administrative Procedure Act other rules of | ||
the Illinois Workers' Compensation Commission pertaining to | ||
this amendatory Act of the 102nd General Assembly that are | ||
administered by the Department of Insurance. | ||
Section 10. The Workers' Compensation Act is amended by |
changing Sections 4, 25.5, and 29.2 as follows:
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(820 ILCS 305/4) (from Ch. 48, par. 138.4)
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(Text of Section from P.A. 101-40) | ||
Sec. 4. (a) Any employer, including but not limited to | ||
general contractors
and their subcontractors, who shall come | ||
within the provisions of
Section 3 of this Act, and any other | ||
employer who shall elect to provide
and pay the compensation | ||
provided for in this Act shall:
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(1) File with the Commission annually an application | ||
for approval as a
self-insurer which shall include a | ||
current financial statement, and
annually, thereafter, an | ||
application for renewal of self-insurance, which
shall | ||
include a current financial statement. Said
application | ||
and financial statement shall be signed and sworn to by | ||
the
president or vice president and secretary or assistant | ||
secretary of the
employer if it be a corporation, or by all | ||
of the partners, if it be a
copartnership, or by the owner | ||
if it be neither a copartnership nor a
corporation. All | ||
initial applications and all applications for renewal of
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self-insurance must be submitted at least 60 days prior to | ||
the requested
effective date of self-insurance. An | ||
employer may elect to provide and pay
compensation as | ||
provided
for in this Act as a member of a group workers' | ||
compensation pool under Article
V 3/4 of the Illinois | ||
Insurance Code. If an employer becomes a member of a
group |
workers' compensation pool, the employer shall not be | ||
relieved of any
obligations imposed by this Act.
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If the sworn application and financial statement of | ||
any such employer
does not satisfy the Commission of the | ||
financial ability of the employer
who has filed it, the | ||
Commission shall require such employer to,
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(2) Furnish security, indemnity or a bond guaranteeing | ||
the payment
by the employer of the compensation provided | ||
for in this Act, provided
that any such employer whose | ||
application and financial statement shall
not have | ||
satisfied the commission of his or her financial ability | ||
and
who shall have secured his liability in part by excess | ||
liability insurance
shall be required to furnish to the | ||
Commission security, indemnity or bond
guaranteeing his or | ||
her payment up to the effective limits of the excess
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coverage, or
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(3) Insure his entire liability to pay such | ||
compensation in some
insurance carrier authorized, | ||
licensed, or permitted to do such
insurance business in | ||
this State. Every policy of an insurance carrier,
insuring | ||
the payment of compensation under this Act shall cover all | ||
the
employees and the entire compensation liability of the | ||
insured:
Provided, however, that any employer may insure | ||
his or her compensation
liability with 2 or more insurance | ||
carriers or may insure a part and
qualify under subsection | ||
1, 2, or 4 for the remainder of his or her
liability to pay |
such compensation, subject to the following two | ||
provisions:
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Firstly, the entire compensation liability of the | ||
employer to
employees working at or from one location | ||
shall be insured in one such
insurance carrier or | ||
shall be self-insured, and
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Secondly, the employer shall submit evidence | ||
satisfactorily to the
Commission that his or her | ||
entire liability for the compensation provided
for in | ||
this Act will be secured. Any provisions in any | ||
policy, or in any
endorsement attached thereto, | ||
attempting to limit or modify in any way,
the | ||
liability of the insurance carriers issuing the same | ||
except as
otherwise provided herein shall be wholly | ||
void.
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Nothing herein contained shall apply to policies of | ||
excess liability
carriage secured by employers who have | ||
been approved by the Commission
as self-insurers, or
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(4) Make some other provision, satisfactory to the | ||
Commission, for
the securing of the payment of | ||
compensation provided for in this Act,
and
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(5) Upon becoming subject to this Act and thereafter | ||
as often as the
Commission may in writing demand, file | ||
with the Commission in form prescribed
by it evidence of | ||
his or her compliance with the provision of this Section.
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(a-1) Regardless of its state of domicile or its principal |
place of
business, an employer shall make payments to its | ||
insurance carrier or group
self-insurance fund, where | ||
applicable, based upon the premium rates of the
situs where | ||
the work or project is located in Illinois if:
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(A) the employer is engaged primarily in the building | ||
and
construction industry; and
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(B) subdivision (a)(3) of this Section applies to the | ||
employer or
the employer is a member of a group | ||
self-insurance plan as defined in
subsection (1) of | ||
Section 4a.
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The Illinois Workers' Compensation Commission shall impose | ||
a penalty upon an employer
for violation of this subsection | ||
(a-1) if:
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(i) the employer is given an opportunity at a hearing | ||
to present
evidence of its compliance with this subsection | ||
(a-1); and
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(ii) after the hearing, the Commission finds that the | ||
employer
failed to make payments upon the premium rates of | ||
the situs where the work or
project is located in | ||
Illinois.
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The penalty shall not exceed $1,000 for each day of work | ||
for which
the employer failed to make payments upon the | ||
premium rates of the situs where
the
work or project is located | ||
in Illinois, but the total penalty shall not exceed
$50,000 | ||
for each project or each contract under which the work was
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performed.
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Any penalty under this subsection (a-1) must be imposed | ||
not later
than one year after the expiration of the applicable | ||
limitation period
specified in subsection (d) of Section 6 of | ||
this Act. Penalties imposed under
this subsection (a-1) shall | ||
be deposited into the Illinois Workers' Compensation | ||
Commission
Operations Fund, a special fund that is created in | ||
the State treasury. Subject
to appropriation, moneys in the | ||
Fund shall be used solely for the operations
of the Illinois | ||
Workers' Compensation Commission, the salaries and benefits of | ||
the Self-Insurers Advisory Board employees, the operating | ||
costs of the Self-Insurers Advisory Board, and by the | ||
Department of Insurance for the purposes authorized in | ||
subsection (c) of Section 25.5 of this Act.
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(a-2) Every Employee Leasing Company (ELC), as defined in | ||
Section 15 of the Employee Leasing Company Act, shall at a | ||
minimum provide the following information to the Commission or | ||
any entity designated by the Commission regarding each | ||
workers' compensation insurance policy issued to the ELC: | ||
(1) Any client company of the ELC listed as an | ||
additional named insured. | ||
(2) Any informational schedule attached to the master | ||
policy that identifies any individual client company's | ||
name, FEIN, and job location. | ||
(3) Any certificate of insurance coverage document | ||
issued to a client company specifying its rights and | ||
obligations under the master policy that establishes both |
the identity and status of the client, as well as the dates | ||
of inception and termination of coverage, if applicable. | ||
(b) The sworn application and financial statement, or | ||
security,
indemnity or bond, or amount of insurance, or other | ||
provisions, filed,
furnished, carried, or made by the | ||
employer, as the case may be, shall
be subject to the approval | ||
of the Commission.
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Deposits under escrow agreements shall be cash, negotiable | ||
United
States government bonds or negotiable general | ||
obligation bonds of the
State of Illinois. Such cash or bonds | ||
shall be deposited in
escrow with any State or National Bank or | ||
Trust Company having trust
authority in the State of Illinois.
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Upon the approval of the sworn application and financial | ||
statement,
security, indemnity or bond or amount of insurance, | ||
filed, furnished or
carried, as the case may be, the | ||
Commission shall send to the employer
written notice of its | ||
approval thereof. The certificate of compliance
by the | ||
employer with the provisions of subparagraphs (2) and (3) of
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paragraph (a) of this Section shall be delivered by the | ||
insurance
carrier to the Illinois Workers' Compensation | ||
Commission within five days after the
effective date of the | ||
policy so certified. The insurance so certified
shall cover | ||
all compensation liability occurring during the time that
the | ||
insurance is in effect and no further certificate need be | ||
filed in case
such insurance is renewed, extended or otherwise | ||
continued by such
carrier. The insurance so certified shall |
not be cancelled or in the
event that such insurance is not | ||
renewed, extended or otherwise
continued, such insurance shall | ||
not be terminated until at least 10
days after receipt by the | ||
Illinois Workers' Compensation Commission of notice of the
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cancellation or termination of said insurance; provided, | ||
however, that
if the employer has secured insurance from | ||
another insurance carrier, or
has otherwise secured the | ||
payment of compensation in accordance with
this Section, and | ||
such insurance or other security becomes effective
prior to | ||
the expiration of the 10 days, cancellation or termination | ||
may, at
the option of the insurance carrier indicated in such | ||
notice, be effective
as of the effective date of such other | ||
insurance or security.
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(c) Whenever the Commission shall find that any | ||
corporation,
company, association, aggregation of individuals, | ||
reciprocal or
interinsurers exchange, or other insurer | ||
effecting workers' compensation
insurance in this State shall | ||
be insolvent, financially unsound, or
unable to fully meet all | ||
payments and liabilities assumed or to be
assumed for | ||
compensation insurance in this State, or shall practice a
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policy of delay or unfairness toward employees in the | ||
adjustment,
settlement, or payment of benefits due such | ||
employees, the Commission
may after reasonable notice and | ||
hearing order and direct that such
corporation, company, | ||
association, aggregation of individuals,
reciprocal or | ||
interinsurers exchange, or insurer, shall from and after a
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date fixed in such order discontinue the writing of any such | ||
workers'
compensation insurance in this State. Subject to such | ||
modification of
the order as the Commission may later make on | ||
review of the order,
as herein provided, it shall thereupon be | ||
unlawful for any such
corporation, company, association, | ||
aggregation of individuals,
reciprocal or interinsurers | ||
exchange, or insurer to effect any workers'
compensation | ||
insurance in this State. A copy of the order shall be served
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upon the Director of Insurance by registered mail. Whenever | ||
the Commission
finds that any service or adjustment company | ||
used or employed
by a self-insured employer or by an insurance | ||
carrier to process,
adjust, investigate, compromise or | ||
otherwise handle claims under this
Act, has practiced or is | ||
practicing a policy of delay or unfairness
toward employees in | ||
the adjustment, settlement or payment of benefits
due such | ||
employees, the Commission may after reasonable notice and
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hearing order and direct that such service or adjustment | ||
company shall
from and after a date fixed in such order be | ||
prohibited from processing,
adjusting, investigating, | ||
compromising or otherwise handling claims
under this Act.
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Whenever the Commission finds that any self-insured | ||
employer has
practiced or is practicing delay or unfairness | ||
toward employees in the
adjustment, settlement or payment of | ||
benefits due such employees, the
Commission may, after | ||
reasonable notice and hearing, order and direct
that after a | ||
date fixed in the order such self-insured employer shall be
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disqualified to operate as a self-insurer and shall be | ||
required to
insure his entire liability to pay compensation in | ||
some insurance
carrier authorized, licensed and permitted to | ||
do such insurance business
in this State, as provided in | ||
subparagraph 3 of paragraph (a) of this
Section.
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All orders made by the Commission under this Section shall | ||
be subject
to review by the courts, said review to be taken in | ||
the same manner and
within the same time as provided by Section | ||
19 of this Act for review of
awards and decisions of the | ||
Commission, upon the party seeking the
review filing with the | ||
clerk of the court to which said review is taken
a bond in an | ||
amount to be fixed and approved by the court to which the
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review is taken, conditioned upon the payment of all | ||
compensation awarded
against the person taking said review | ||
pending a decision thereof and
further conditioned upon such | ||
other obligations as the court may impose.
Upon the review the | ||
Circuit Court shall have power to review all questions
of fact | ||
as well as of law. The penalty hereinafter provided for in this
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paragraph shall not attach and shall not begin to run until the | ||
final
determination of the order of the Commission.
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(d) Whenever a Commissioner, with due process and after a | ||
hearing, determines an employer has knowingly failed to | ||
provide coverage as required by paragraph (a) of this Section, | ||
the failure shall be deemed an immediate serious danger to | ||
public health, safety, and welfare sufficient to justify | ||
service by the Commission of a work-stop order on such |
employer, requiring the cessation of all business operations | ||
of such employer at the place of employment or job site. If a | ||
business is declared to be extra hazardous, as defined in | ||
Section 3, a Commissioner may issue an emergency work-stop | ||
order on such an employer ex parte, prior to holding a hearing, | ||
requiring the cessation of all business operations of such | ||
employer at the place of employment or job site while awaiting | ||
the ruling of the Commission. Whenever a Commissioner issues | ||
an emergency work-stop order, the Commission shall issue a | ||
notice of emergency work-stop hearing to be posted at the | ||
employer's places of employment and job sites. Any law | ||
enforcement agency in the State shall, at the request of the | ||
Commission, render any assistance necessary to carry out the | ||
provisions of this Section, including, but not limited to, | ||
preventing any employee of such employer from remaining at a | ||
place of employment or job site after a work-stop order has | ||
taken effect. Any work-stop order shall be lifted upon proof | ||
of insurance as required by this Act. Any orders under this | ||
Section are appealable under Section 19(f) to the Circuit | ||
Court.
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Any individual employer, corporate officer or director of | ||
a corporate employer, partner of an employer partnership, or | ||
member of an employer limited liability company who knowingly | ||
fails to provide coverage as required by paragraph (a) of this | ||
Section is guilty of a Class 4 felony. This provision shall not | ||
apply to any corporate officer or director of any |
publicly-owned corporation. Each day's violation constitutes a | ||
separate offense. The State's Attorney of the county in which | ||
the violation occurred, or the Attorney General, shall bring | ||
such actions in the name of the People of the State of | ||
Illinois, or may, in addition to other remedies provided in | ||
this Section, bring an action for an injunction to restrain | ||
the violation or to enjoin the operation of any such employer.
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Any individual employer, corporate officer or director of | ||
a corporate employer, partner of an employer partnership, or | ||
member of an employer limited liability company who | ||
negligently fails to provide coverage as required by paragraph | ||
(a) of this Section is guilty of a Class A misdemeanor. This | ||
provision shall not apply to any corporate officer or director | ||
of any publicly-owned corporation. Each day's violation | ||
constitutes a separate offense. The State's Attorney of the | ||
county in which the violation occurred, or the Attorney | ||
General, shall bring such actions in the name of the People of | ||
the State of Illinois.
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The criminal penalties in this subsection (d) shall not | ||
apply where
there exists a good faith dispute as to the | ||
existence of an
employment relationship. Evidence of good | ||
faith shall
include, but not be limited to, compliance with | ||
the definition
of employee as used by the Internal Revenue | ||
Service.
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All investigative actions must be acted upon within 90 | ||
days of the issuance of the complaint. Employers who are |
subject to and who knowingly fail to comply with this Section | ||
shall not be entitled to the benefits of this Act during the | ||
period of noncompliance, but shall be liable in an action | ||
under any other applicable law of this State. In the action, | ||
such employer shall not avail himself or herself of the | ||
defenses of assumption of risk or negligence or that the | ||
injury was due to a co-employee. In the action, proof of the | ||
injury shall constitute prima facie evidence of negligence on | ||
the part of such employer and the burden shall be on such | ||
employer to show freedom of negligence resulting in the | ||
injury. The employer shall not join any other defendant in any | ||
such civil action. Nothing in this amendatory Act of the 94th | ||
General Assembly shall affect the employee's rights under | ||
subdivision (a)3 of Section 1 of this Act. Any employer or | ||
carrier who makes payments under subdivision (a)3 of Section 1 | ||
of this Act shall have a right of reimbursement from the | ||
proceeds of any recovery under this Section.
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An employee of an uninsured employer, or the employee's | ||
dependents in case death ensued, may, instead of proceeding | ||
against the employer in a civil action in court, file an | ||
application for adjustment of claim with the Commission in | ||
accordance with the provisions of this Act and the Commission | ||
shall hear and determine the application for adjustment of | ||
claim in the manner in which other claims are heard and | ||
determined before the Commission.
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All proceedings under this subsection (d) shall be |
reported on an annual basis to the Workers' Compensation | ||
Advisory Board.
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An investigator with the Department of Insurance Illinois | ||
Workers' Compensation Commission Insurance Compliance Division | ||
may issue a citation to any employer that is not in compliance | ||
with its obligation to have workers' compensation insurance | ||
under this Act. The amount of the fine shall be based on the | ||
period of time the employer was in non-compliance, but shall | ||
be no less than $500, and shall not exceed $10,000. An employer | ||
that has been issued a citation shall pay the fine to the | ||
Department of Insurance Commission and provide to the | ||
Department of Insurance Commission proof that it obtained the | ||
required workers' compensation insurance within 10 days after | ||
the citation was issued. This Section does not affect any | ||
other obligations this Act imposes on employers. | ||
Upon a finding by the Commission, after reasonable notice | ||
and
hearing, of the knowing and willful failure or refusal of | ||
an employer to
comply with
any of the provisions of paragraph | ||
(a) of this Section, the failure or
refusal of an employer, | ||
service or adjustment company, or an insurance
carrier to | ||
comply with any order of the Illinois Workers' Compensation | ||
Commission pursuant to
paragraph (c) of this Section | ||
disqualifying him or her to operate as a self
insurer and | ||
requiring him or her to insure his or her liability, or the | ||
knowing and willful failure of an employer to comply with a | ||
citation issued by an investigator with the Department of |
Insurance Illinois Workers' Compensation Commission Insurance | ||
Compliance Division , the
Commission may assess a civil penalty | ||
of up to $500 per day for each day of
such failure or refusal | ||
after the effective date of this amendatory Act of
1989. The | ||
minimum penalty under this Section shall be the sum of | ||
$10,000.
Each day of such failure or refusal shall constitute | ||
a separate offense.
The Commission may assess the civil | ||
penalty personally and individually
against the corporate | ||
officers and directors of a corporate employer, the
partners | ||
of an employer partnership, and the members of an employer | ||
limited
liability company, after a finding of a knowing and | ||
willful refusal or failure
of each such named corporate | ||
officer, director, partner, or member to comply
with this | ||
Section. The liability for the assessed penalty shall be
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against the named employer first, and
if the named employer | ||
fails or refuses to pay the penalty to the
Commission within 30 | ||
days after the final order of the Commission, then the
named
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corporate officers, directors, partners, or members who have | ||
been found to have
knowingly and willfully refused or failed | ||
to comply with this Section shall be
liable for the unpaid | ||
penalty or any unpaid portion of the penalty. Upon | ||
investigation by the Department of Insurance insurance | ||
non-compliance unit of the Commission , the Attorney General | ||
shall have the authority to prosecute all proceedings to | ||
enforce the civil and administrative provisions of this | ||
Section before the Commission. The Commission and the |
Department of Insurance shall promulgate procedural rules for | ||
enforcing this Section relating to their respective duties | ||
prescribed herein .
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If an employer is found to be in non-compliance with any | ||
provisions of paragraph (a) of this Section more than once, | ||
all minimum penalties will double. Therefore, upon the failure | ||
or refusal of an employer, service or adjustment company, or | ||
insurance carrier to comply with any order of the Commission | ||
pursuant to paragraph (c) of this Section disqualifying him or | ||
her to operate as a self-insurer and requiring him or her to | ||
insure his or her liability, or the knowing and willful | ||
failure of an employer to comply with a citation issued by an | ||
investigator with the Department of Insurance Illinois | ||
Workers' Compensation Commission Insurance Compliance | ||
Division , the Commission may assess a civil penalty of up to | ||
$1,000 per day for each day of such failure or refusal after | ||
the effective date of this amendatory Act of the 101st General | ||
Assembly. The minimum penalty under this Section shall be the | ||
sum of $20,000. In addition, employers with 2 or more | ||
violations of any provisions of paragraph (a) of this Section | ||
may not self-insure for one year or until all penalties are | ||
paid. | ||
Upon the failure or refusal of any employer, service or | ||
adjustment
company or insurance carrier to comply with the | ||
provisions of this Section
and with the orders of the | ||
Commission under this Section, or the order of
the court on |
review after final adjudication, the Commission may bring a
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civil action to recover the amount of the penalty in Cook | ||
County or in
Sangamon County in which litigation the | ||
Commission shall be represented by
the Attorney General. The | ||
Commission shall send notice of its finding of
non-compliance | ||
and assessment of the civil penalty to the Attorney General.
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It shall be the duty of the Attorney General within 30 days | ||
after receipt
of the notice, to institute prosecutions and | ||
promptly prosecute all
reported violations of this Section.
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Any individual employer, corporate officer or director of | ||
a corporate employer, partner of an employer partnership, or | ||
member of an employer limited liability company who, with the | ||
intent to avoid payment of compensation under this Act to an | ||
injured employee or the employee's dependents, knowingly | ||
transfers, sells, encumbers, assigns, or in any manner | ||
disposes of, conceals, secretes, or destroys any property | ||
belonging to the employer, officer, director, partner, or | ||
member is guilty of a Class 4 felony.
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Penalties and fines collected pursuant to this paragraph | ||
(d) shall be deposited upon receipt into a special fund which | ||
shall be designated the Injured Workers' Benefit Fund, of | ||
which the State Treasurer is ex-officio custodian, such | ||
special fund to be held and disbursed in accordance with this | ||
paragraph (d) for the purposes hereinafter stated in this | ||
paragraph (d), upon the final order of the Commission. The | ||
Injured Workers' Benefit Fund shall be deposited the same as |
are State funds and any interest accruing thereon shall be | ||
added thereto every 6 months. The Injured Workers' Benefit | ||
Fund is subject to audit the same as State funds and accounts | ||
and is protected by the general bond given by the State | ||
Treasurer. The Injured Workers' Benefit Fund is considered | ||
always appropriated for the purposes of disbursements as | ||
provided in this paragraph, and shall be paid out and | ||
disbursed as herein provided and shall not at any time be | ||
appropriated or diverted to any other use or purpose. Moneys | ||
in the Injured Workers' Benefit Fund shall be used only for | ||
payment of workers' compensation benefits for injured | ||
employees when the employer has failed to provide coverage as | ||
determined under this paragraph (d) and has failed to pay the | ||
benefits due to the injured employee. The Commission shall | ||
have the right to obtain reimbursement from the employer for | ||
compensation obligations paid by the Injured Workers' Benefit | ||
Fund. Any such amounts obtained shall be deposited by the | ||
Commission into the Injured Workers' Benefit Fund. If an | ||
injured employee or his or her personal representative | ||
receives payment from the Injured Workers' Benefit Fund, the | ||
State of Illinois has the same rights under paragraph (b) of | ||
Section 5 that the employer who failed to pay the benefits due | ||
to the injured employee would have had if the employer had paid | ||
those benefits, and any moneys recovered by the State as a | ||
result of the State's exercise of its rights under paragraph | ||
(b) of Section 5 shall be deposited into the Injured Workers' |
Benefit Fund. The custodian of the Injured Workers' Benefit | ||
Fund shall be joined with the employer as a party respondent in | ||
the application for adjustment of claim. After July 1, 2006, | ||
the Commission shall make disbursements from the Fund once | ||
each year to each eligible claimant. An eligible claimant is | ||
an injured worker who has within the previous fiscal year | ||
obtained a final award for benefits from the Commission | ||
against the employer and the Injured Workers' Benefit Fund and | ||
has notified the Commission within 90 days of receipt of such | ||
award. Within a reasonable time after the end of each fiscal | ||
year, the Commission shall make a disbursement to each | ||
eligible claimant. At the time of disbursement, if there are | ||
insufficient moneys in the Fund to pay all claims, each | ||
eligible claimant shall receive a pro-rata share, as | ||
determined by the Commission, of the available moneys in the | ||
Fund for that year. Payment from the Injured Workers' Benefit | ||
Fund to an eligible claimant pursuant to this provision shall | ||
discharge the obligations of the Injured Workers' Benefit Fund | ||
regarding the award entered by the Commission.
| ||
(e) This Act shall not affect or disturb the continuance | ||
of any
existing insurance, mutual aid, benefit, or relief | ||
association or
department, whether maintained in whole or in | ||
part by the employer or
whether maintained by the employees, | ||
the payment of benefits of such
association or department | ||
being guaranteed by the employer or by some
person, firm or | ||
corporation for him or her: Provided, the employer contributes
|
to such association or department an amount not less than the | ||
full
compensation herein provided, exclusive of the cost of | ||
the maintenance
of such association or department and without | ||
any expense to the
employee. This Act shall not prevent the | ||
organization and maintaining
under the insurance laws of this | ||
State of any benefit or insurance
company for the purpose of | ||
insuring against the compensation provided
for in this Act, | ||
the expense of which is maintained by the employer.
This Act | ||
shall not prevent the organization or maintaining under the
| ||
insurance laws of this State of any voluntary mutual aid, | ||
benefit or
relief association among employees for the payment | ||
of additional
accident or sick benefits.
| ||
(f) No existing insurance, mutual aid, benefit or relief | ||
association
or department shall, by reason of anything herein | ||
contained, be
authorized to discontinue its operation without | ||
first discharging its
obligations to any and all persons | ||
carrying insurance in the same or
entitled to relief or | ||
benefits therein.
| ||
(g) Any contract, oral, written or implied, of employment | ||
providing
for relief benefit, or insurance or any other device | ||
whereby the
employee is required to pay any premium or | ||
premiums for insurance
against the compensation provided for | ||
in this Act shall be null and
void. Any employer withholding | ||
from the wages of any employee any
amount for the purpose of | ||
paying any such premium shall be guilty of a
Class B | ||
misdemeanor.
|
In the event the employer does not pay the compensation | ||
for which he or
she is liable, then an insurance company, | ||
association or insurer which may
have insured such employer | ||
against such liability shall become primarily
liable to pay to | ||
the employee, his or her personal representative or
| ||
beneficiary the compensation required by the provisions of | ||
this Act to
be paid by such employer. The insurance carrier may | ||
be made a party to
the proceedings in which the employer is a | ||
party and an award may be
entered jointly against the employer | ||
and the insurance carrier.
| ||
(h) It shall be unlawful for any employer, insurance | ||
company or
service or adjustment company to interfere with, | ||
restrain or coerce an
employee in any manner whatsoever in the | ||
exercise of the rights or
remedies granted to him or her by | ||
this Act or to discriminate, attempt to
discriminate, or | ||
threaten to discriminate against an employee in any way
| ||
because of his or her exercise of the rights or remedies | ||
granted to
him or her by this Act.
| ||
It shall be unlawful for any employer, individually or | ||
through any
insurance company or service or adjustment | ||
company, to discharge or to
threaten to discharge, or to | ||
refuse to rehire or recall to active
service in a suitable | ||
capacity an employee because of the exercise of
his or her | ||
rights or remedies granted to him or her by this Act.
| ||
(i) If an employer elects to obtain a life insurance | ||
policy on his
employees, he may also elect to apply such |
benefits in satisfaction of all
or a portion of the death | ||
benefits payable under this Act, in which case,
the employer's | ||
compensation premium shall be reduced accordingly.
| ||
(j) Within 45 days of receipt of an initial application or | ||
application
to renew self-insurance privileges the | ||
Self-Insurers Advisory Board shall
review and submit for | ||
approval by the Chairman of the Commission
recommendations of | ||
disposition of all initial applications to self-insure
and all | ||
applications to renew self-insurance privileges filed by | ||
private
self-insurers pursuant to the provisions of this | ||
Section and Section 4a-9
of this Act. Each private | ||
self-insurer shall submit with its initial and
renewal | ||
applications the application fee required by Section 4a-4 of | ||
this Act.
| ||
The Chairman of the Commission shall promptly act upon all | ||
initial
applications and applications for renewal in full | ||
accordance with the
recommendations of the Board or, should | ||
the Chairman disagree with any
recommendation of disposition | ||
of the Self-Insurer's Advisory Board, he
shall within 30 days | ||
of receipt of such recommendation provide to the Board
in | ||
writing the reasons supporting his decision. The Chairman | ||
shall also
promptly notify the employer of his decision within | ||
15 days of receipt of
the recommendation of the Board.
| ||
If an employer is denied a renewal of self-insurance | ||
privileges pursuant
to application it shall retain said | ||
privilege for 120 days after receipt of
a notice of |
cancellation of the privilege from the Chairman of the | ||
Commission.
| ||
All orders made by the Chairman under this Section shall | ||
be subject to
review by the courts, such review to be taken in | ||
the same manner and within
the same time as provided by | ||
subsection (f) of Section 19 of this Act for
review of awards | ||
and decisions of the Commission, upon the party seeking
the | ||
review filing with the clerk of the court to which such review | ||
is taken
a bond in an amount to be fixed and approved by the | ||
court to which the
review is taken, conditioned upon the | ||
payment of all compensation awarded
against the person taking | ||
such review pending a decision thereof and
further conditioned | ||
upon such other obligations as the court may impose.
Upon the | ||
review the Circuit Court shall have power to review all | ||
questions
of fact as well as of law.
| ||
(Source: P.A. 101-40, eff. 1-1-20.)
| ||
(Text of Section from P.A. 101-384)
| ||
Sec. 4. (a) Any employer, including but not limited to | ||
general contractors
and their subcontractors, who shall come | ||
within the provisions of
Section 3 of this Act, and any other | ||
employer who shall elect to provide
and pay the compensation | ||
provided for in this Act shall:
| ||
(1) File with the Commission annually an application | ||
for approval as a
self-insurer which shall include a | ||
current financial statement, and
annually, thereafter, an |
application for renewal of self-insurance, which
shall | ||
include a current financial statement. Said
application | ||
and financial statement shall be signed and sworn to by | ||
the
president or vice president and secretary or assistant | ||
secretary of the
employer if it be a corporation, or by all | ||
of the partners, if it be a
copartnership, or by the owner | ||
if it be neither a copartnership nor a
corporation. All | ||
initial applications and all applications for renewal of
| ||
self-insurance must be submitted at least 60 days prior to | ||
the requested
effective date of self-insurance. An | ||
employer may elect to provide and pay
compensation as | ||
provided
for in this Act as a member of a group workers' | ||
compensation pool under Article
V 3/4 of the Illinois | ||
Insurance Code. If an employer becomes a member of a
group | ||
workers' compensation pool, the employer shall not be | ||
relieved of any
obligations imposed by this Act.
| ||
If the sworn application and financial statement of | ||
any such employer
does not satisfy the Commission of the | ||
financial ability of the employer
who has filed it, the | ||
Commission shall require such employer to,
| ||
(2) Furnish security, indemnity or a bond guaranteeing | ||
the payment
by the employer of the compensation provided | ||
for in this Act, provided
that any such employer whose | ||
application and financial statement shall
not have | ||
satisfied the commission of his or her financial ability | ||
and
who shall have secured his liability in part by excess |
liability insurance
shall be required to furnish to the | ||
Commission security, indemnity or bond
guaranteeing his or | ||
her payment up to the effective limits of the excess
| ||
coverage, or
| ||
(3) Insure his entire liability to pay such | ||
compensation in some
insurance carrier authorized, | ||
licensed, or permitted to do such
insurance business in | ||
this State. Every policy of an insurance carrier,
insuring | ||
the payment of compensation under this Act shall cover all | ||
the
employees and the entire compensation liability of the | ||
insured:
Provided, however, that any employer may insure | ||
his or her compensation
liability with 2 or more insurance | ||
carriers or may insure a part and
qualify under subsection | ||
1, 2, or 4 for the remainder of his or her
liability to pay | ||
such compensation, subject to the following two | ||
provisions:
| ||
Firstly, the entire compensation liability of the | ||
employer to
employees working at or from one location | ||
shall be insured in one such
insurance carrier or | ||
shall be self-insured, and
| ||
Secondly, the employer shall submit evidence | ||
satisfactorily to the
Commission that his or her | ||
entire liability for the compensation provided
for in | ||
this Act will be secured. Any provisions in any | ||
policy, or in any
endorsement attached thereto, | ||
attempting to limit or modify in any way,
the |
liability of the insurance carriers issuing the same | ||
except as
otherwise provided herein shall be wholly | ||
void.
| ||
Nothing herein contained shall apply to policies of | ||
excess liability
carriage secured by employers who have | ||
been approved by the Commission
as self-insurers, or
| ||
(4) Make some other provision, satisfactory to the | ||
Commission, for
the securing of the payment of | ||
compensation provided for in this Act,
and
| ||
(5) Upon becoming subject to this Act and thereafter | ||
as often as the
Commission may in writing demand, file | ||
with the Commission in form prescribed
by it evidence of | ||
his or her compliance with the provision of this Section.
| ||
(a-1) Regardless of its state of domicile or its principal | ||
place of
business, an employer shall make payments to its | ||
insurance carrier or group
self-insurance fund, where | ||
applicable, based upon the premium rates of the
situs where | ||
the work or project is located in Illinois if:
| ||
(A) the employer is engaged primarily in the building | ||
and
construction industry; and
| ||
(B) subdivision (a)(3) of this Section applies to the | ||
employer or
the employer is a member of a group | ||
self-insurance plan as defined in
subsection (1) of | ||
Section 4a.
| ||
The Illinois Workers' Compensation Commission shall impose | ||
a penalty upon an employer
for violation of this subsection |
(a-1) if:
| ||
(i) the employer is given an opportunity at a hearing | ||
to present
evidence of its compliance with this subsection | ||
(a-1); and
| ||
(ii) after the hearing, the Commission finds that the | ||
employer
failed to make payments upon the premium rates of | ||
the situs where the work or
project is located in | ||
Illinois.
| ||
The penalty shall not exceed $1,000 for each day of work | ||
for which
the employer failed to make payments upon the | ||
premium rates of the situs where
the
work or project is located | ||
in Illinois, but the total penalty shall not exceed
$50,000 | ||
for each project or each contract under which the work was
| ||
performed.
| ||
Any penalty under this subsection (a-1) must be imposed | ||
not later
than one year after the expiration of the applicable | ||
limitation period
specified in subsection (d) of Section 6 of | ||
this Act. Penalties imposed under
this subsection (a-1) shall | ||
be deposited into the Illinois Workers' Compensation | ||
Commission
Operations Fund, a special fund that is created in | ||
the State treasury. Subject
to appropriation, moneys in the | ||
Fund shall be used solely for the operations
of the Illinois | ||
Workers' Compensation Commission and by the Department of | ||
Insurance for the purposes authorized in subsection (c) of | ||
Section 25.5 of this Act.
| ||
(a-2) Every Employee Leasing Company (ELC), as defined in |
Section 15 of the Employee Leasing Company Act, shall at a | ||
minimum provide the following information to the Commission or | ||
any entity designated by the Commission regarding each | ||
workers' compensation insurance policy issued to the ELC: | ||
(1) Any client company of the ELC listed as an | ||
additional named insured. | ||
(2) Any informational schedule attached to the master | ||
policy that identifies any individual client company's | ||
name, FEIN, and job location. | ||
(3) Any certificate of insurance coverage document | ||
issued to a client company specifying its rights and | ||
obligations under the master policy that establishes both | ||
the identity and status of the client, as well as the dates | ||
of inception and termination of coverage, if applicable. | ||
(b) The sworn application and financial statement, or | ||
security,
indemnity or bond, or amount of insurance, or other | ||
provisions, filed,
furnished, carried, or made by the | ||
employer, as the case may be, shall
be subject to the approval | ||
of the Commission.
| ||
Deposits under escrow agreements shall be cash, negotiable | ||
United
States government bonds or negotiable general | ||
obligation bonds of the
State of Illinois. Such cash or bonds | ||
shall be deposited in
escrow with any State or National Bank or | ||
Trust Company having trust
authority in the State of Illinois.
| ||
Upon the approval of the sworn application and financial | ||
statement,
security, indemnity or bond or amount of insurance, |
filed, furnished or
carried, as the case may be, the | ||
Commission shall send to the employer
written notice of its | ||
approval thereof. The certificate of compliance
by the | ||
employer with the provisions of subparagraphs (2) and (3) of
| ||
paragraph (a) of this Section shall be delivered by the | ||
insurance
carrier to the Illinois Workers' Compensation | ||
Commission within five days after the
effective date of the | ||
policy so certified. The insurance so certified
shall cover | ||
all compensation liability occurring during the time that
the | ||
insurance is in effect and no further certificate need be | ||
filed in case
such insurance is renewed, extended or otherwise | ||
continued by such
carrier. The insurance so certified shall | ||
not be cancelled or in the
event that such insurance is not | ||
renewed, extended or otherwise
continued, such insurance shall | ||
not be terminated until at least 10
days after receipt by the | ||
Illinois Workers' Compensation Commission of notice of the
| ||
cancellation or termination of said insurance; provided, | ||
however, that
if the employer has secured insurance from | ||
another insurance carrier, or
has otherwise secured the | ||
payment of compensation in accordance with
this Section, and | ||
such insurance or other security becomes effective
prior to | ||
the expiration of the 10 days, cancellation or termination | ||
may, at
the option of the insurance carrier indicated in such | ||
notice, be effective
as of the effective date of such other | ||
insurance or security.
| ||
(c) Whenever the Commission shall find that any |
corporation,
company, association, aggregation of individuals, | ||
reciprocal or
interinsurers exchange, or other insurer | ||
effecting workers' compensation
insurance in this State shall | ||
be insolvent, financially unsound, or
unable to fully meet all | ||
payments and liabilities assumed or to be
assumed for | ||
compensation insurance in this State, or shall practice a
| ||
policy of delay or unfairness toward employees in the | ||
adjustment,
settlement, or payment of benefits due such | ||
employees, the Commission
may after reasonable notice and | ||
hearing order and direct that such
corporation, company, | ||
association, aggregation of individuals,
reciprocal or | ||
interinsurers exchange, or insurer, shall from and after a
| ||
date fixed in such order discontinue the writing of any such | ||
workers'
compensation insurance in this State. Subject to such | ||
modification of
the order as the Commission may later make on | ||
review of the order,
as herein provided, it shall thereupon be | ||
unlawful for any such
corporation, company, association, | ||
aggregation of individuals,
reciprocal or interinsurers | ||
exchange, or insurer to effect any workers'
compensation | ||
insurance in this State. A copy of the order shall be served
| ||
upon the Director of Insurance by registered mail. Whenever | ||
the Commission
finds that any service or adjustment company | ||
used or employed
by a self-insured employer or by an insurance | ||
carrier to process,
adjust, investigate, compromise or | ||
otherwise handle claims under this
Act, has practiced or is | ||
practicing a policy of delay or unfairness
toward employees in |
the adjustment, settlement or payment of benefits
due such | ||
employees, the Commission may after reasonable notice and
| ||
hearing order and direct that such service or adjustment | ||
company shall
from and after a date fixed in such order be | ||
prohibited from processing,
adjusting, investigating, | ||
compromising or otherwise handling claims
under this Act.
| ||
Whenever the Commission finds that any self-insured | ||
employer has
practiced or is practicing delay or unfairness | ||
toward employees in the
adjustment, settlement or payment of | ||
benefits due such employees, the
Commission may, after | ||
reasonable notice and hearing, order and direct
that after a | ||
date fixed in the order such self-insured employer shall be
| ||
disqualified to operate as a self-insurer and shall be | ||
required to
insure his entire liability to pay compensation in | ||
some insurance
carrier authorized, licensed and permitted to | ||
do such insurance business
in this State, as provided in | ||
subparagraph 3 of paragraph (a) of this
Section.
| ||
All orders made by the Commission under this Section shall | ||
be subject
to review by the courts, said review to be taken in | ||
the same manner and
within the same time as provided by Section | ||
19 of this Act for review of
awards and decisions of the | ||
Commission, upon the party seeking the
review filing with the | ||
clerk of the court to which said review is taken
a bond in an | ||
amount to be fixed and approved by the court to which the
| ||
review is taken, conditioned upon the payment of all | ||
compensation awarded
against the person taking said review |
pending a decision thereof and
further conditioned upon such | ||
other obligations as the court may impose.
Upon the review the | ||
Circuit Court shall have power to review all questions
of fact | ||
as well as of law. The penalty hereinafter provided for in this
| ||
paragraph shall not attach and shall not begin to run until the | ||
final
determination of the order of the Commission.
| ||
(d) Whenever a panel of 3 Commissioners comprised of one | ||
member of the employing class, one representative of a labor | ||
organization recognized under the National Labor Relations Act | ||
or an attorney who has represented labor organizations or has | ||
represented employees in workers' compensation cases, and one | ||
member not identified with either the employing class or a | ||
labor organization, with due process and after a hearing, | ||
determines an employer has knowingly failed to provide | ||
coverage as required by paragraph (a) of this Section, the | ||
failure shall be deemed an immediate serious danger to public | ||
health, safety, and welfare sufficient to justify service by | ||
the Commission of a work-stop order on such employer, | ||
requiring the cessation of all business operations of such | ||
employer at the place of employment or job site. Any law | ||
enforcement agency in the State shall, at the request of the | ||
Commission, render any assistance necessary to carry out the | ||
provisions of this Section, including, but not limited to, | ||
preventing any employee of such employer from remaining at a | ||
place of employment or job site after a work-stop order has | ||
taken effect. Any work-stop order shall be lifted upon proof |
of insurance as required by this Act. Any orders under this | ||
Section are appealable under Section 19(f) to the Circuit | ||
Court.
| ||
Any individual employer, corporate officer or director of | ||
a corporate employer, partner of an employer partnership, or | ||
member of an employer limited liability company who knowingly | ||
fails to provide coverage as required by paragraph (a) of this | ||
Section is guilty of a Class 4 felony. This provision shall not | ||
apply to any corporate officer or director of any | ||
publicly-owned corporation. Each day's violation constitutes a | ||
separate offense. The State's Attorney of the county in which | ||
the violation occurred, or the Attorney General, shall bring | ||
such actions in the name of the People of the State of | ||
Illinois, or may, in addition to other remedies provided in | ||
this Section, bring an action for an injunction to restrain | ||
the violation or to enjoin the operation of any such employer.
| ||
Any individual employer, corporate officer or director of | ||
a corporate employer, partner of an employer partnership, or | ||
member of an employer limited liability company who | ||
negligently fails to provide coverage as required by paragraph | ||
(a) of this Section is guilty of a Class A misdemeanor. This | ||
provision shall not apply to any corporate officer or director | ||
of any publicly-owned corporation. Each day's violation | ||
constitutes a separate offense. The State's Attorney of the | ||
county in which the violation occurred, or the Attorney | ||
General, shall bring such actions in the name of the People of |
the State of Illinois.
| ||
The criminal penalties in this subsection (d) shall not | ||
apply where
there exists a good faith dispute as to the | ||
existence of an
employment relationship. Evidence of good | ||
faith shall
include, but not be limited to, compliance with | ||
the definition
of employee as used by the Internal Revenue | ||
Service.
| ||
Employers who are subject to and who knowingly fail to | ||
comply with this Section shall not be entitled to the benefits | ||
of this Act during the period of noncompliance, but shall be | ||
liable in an action under any other applicable law of this | ||
State. In the action, such employer shall not avail himself or | ||
herself of the defenses of assumption of risk or negligence or | ||
that the injury was due to a co-employee. In the action, proof | ||
of the injury shall constitute prima facie evidence of | ||
negligence on the part of such employer and the burden shall be | ||
on such employer to show freedom of negligence resulting in | ||
the injury. The employer shall not join any other defendant in | ||
any such civil action. Nothing in this amendatory Act of the | ||
94th General Assembly shall affect the employee's rights under | ||
subdivision (a)3 of Section 1 of this Act. Any employer or | ||
carrier who makes payments under subdivision (a)3 of Section 1 | ||
of this Act shall have a right of reimbursement from the | ||
proceeds of any recovery under this Section.
| ||
An employee of an uninsured employer, or the employee's | ||
dependents in case death ensued, may, instead of proceeding |
against the employer in a civil action in court, file an | ||
application for adjustment of claim with the Commission in | ||
accordance with the provisions of this Act and the Commission | ||
shall hear and determine the application for adjustment of | ||
claim in the manner in which other claims are heard and | ||
determined before the Commission.
| ||
All proceedings under this subsection (d) shall be | ||
reported on an annual basis to the Workers' Compensation | ||
Advisory Board.
| ||
An investigator with the Department of Insurance Illinois | ||
Workers' Compensation Commission Insurance Compliance Division | ||
may issue a citation to any employer that is not in compliance | ||
with its obligation to have workers' compensation insurance | ||
under this Act. The amount of the fine shall be based on the | ||
period of time the employer was in non-compliance, but shall | ||
be no less than $500, and shall not exceed $2,500. An employer | ||
that has been issued a citation shall pay the fine to the | ||
Department of Insurance Commission and provide to the | ||
Department of Insurance Commission proof that it obtained the | ||
required workers' compensation insurance within 10 days after | ||
the citation was issued. This Section does not affect any | ||
other obligations this Act imposes on employers. | ||
Upon a finding by the Commission, after reasonable notice | ||
and
hearing, of the knowing and wilful failure or refusal of an | ||
employer to
comply with
any of the provisions of paragraph (a) | ||
of this Section, the failure or
refusal of an employer, |
service or adjustment company, or an insurance
carrier to | ||
comply with any order of the Illinois Workers' Compensation | ||
Commission pursuant to
paragraph (c) of this Section | ||
disqualifying him or her to operate as a self
insurer and | ||
requiring him or her to insure his or her liability, or the | ||
knowing and willful failure of an employer to comply with a | ||
citation issued by an investigator with the Department of | ||
Insurance Illinois Workers' Compensation Commission Insurance | ||
Compliance Division , the
Commission may assess a civil penalty | ||
of up to $500 per day for each day of
such failure or refusal | ||
after the effective date of this amendatory Act of
1989. The | ||
minimum penalty under this Section shall be the sum of | ||
$10,000.
Each day of such failure or refusal shall constitute | ||
a separate offense.
The Commission may assess the civil | ||
penalty personally and individually
against the corporate | ||
officers and directors of a corporate employer, the
partners | ||
of an employer partnership, and the members of an employer | ||
limited
liability company, after a finding of a knowing and | ||
willful refusal or failure
of each such named corporate | ||
officer, director, partner, or member to comply
with this | ||
Section. The liability for the assessed penalty shall be
| ||
against the named employer first, and
if the named employer | ||
fails or refuses to pay the penalty to the
Commission within 30 | ||
days after the final order of the Commission, then the
named
| ||
corporate officers, directors, partners, or members who have | ||
been found to have
knowingly and willfully refused or failed |
to comply with this Section shall be
liable for the unpaid | ||
penalty or any unpaid portion of the penalty. Upon | ||
investigation by the Department of Insurance insurance | ||
non-compliance unit of the Commission , the Attorney General | ||
shall have the authority to prosecute all proceedings to | ||
enforce the civil and administrative provisions of this | ||
Section before the Commission. The Commission and the | ||
Department of Insurance shall promulgate procedural rules for | ||
enforcing this Section relating to their respective duties | ||
prescribed herein .
| ||
Upon the failure or refusal of any employer, service or | ||
adjustment
company or insurance carrier to comply with the | ||
provisions of this Section
and with the orders of the | ||
Commission under this Section, or the order of
the court on | ||
review after final adjudication, the Commission may bring a
| ||
civil action to recover the amount of the penalty in Cook | ||
County or in
Sangamon County in which litigation the | ||
Commission shall be represented by
the Attorney General. The | ||
Commission shall send notice of its finding of
non-compliance | ||
and assessment of the civil penalty to the Attorney General.
| ||
It shall be the duty of the Attorney General within 30 days | ||
after receipt
of the notice, to institute prosecutions and | ||
promptly prosecute all
reported violations of this Section.
| ||
Any individual employer, corporate officer or director of | ||
a corporate employer, partner of an employer partnership, or | ||
member of an employer limited liability company who, with the |
intent to avoid payment of compensation under this Act to an | ||
injured employee or the employee's dependents, knowingly | ||
transfers, sells, encumbers, assigns, or in any manner | ||
disposes of, conceals, secretes, or destroys any property | ||
belonging to the employer, officer, director, partner, or | ||
member is guilty of a Class 4 felony.
| ||
Penalties and fines collected pursuant to this paragraph | ||
(d) shall be deposited upon receipt into a special fund which | ||
shall be designated the Injured Workers' Benefit Fund, of | ||
which the State Treasurer is ex-officio custodian, such | ||
special fund to be held and disbursed in accordance with this | ||
paragraph (d) for the purposes hereinafter stated in this | ||
paragraph (d), upon the final order of the Commission. The | ||
Injured Workers' Benefit Fund shall be deposited the same as | ||
are State funds and any interest accruing thereon shall be | ||
added thereto every 6 months. The Injured Workers' Benefit | ||
Fund is subject to audit the same as State funds and accounts | ||
and is protected by the general bond given by the State | ||
Treasurer. The Injured Workers' Benefit Fund is considered | ||
always appropriated for the purposes of disbursements as | ||
provided in this paragraph, and shall be paid out and | ||
disbursed as herein provided and shall not at any time be | ||
appropriated or diverted to any other use or purpose. Moneys | ||
in the Injured Workers' Benefit Fund shall be used only for | ||
payment of workers' compensation benefits for injured | ||
employees when the employer has failed to provide coverage as |
determined under this paragraph (d) and has failed to pay the | ||
benefits due to the injured employee. The Commission shall | ||
have the right to obtain reimbursement from the employer for | ||
compensation obligations paid by the Injured Workers' Benefit | ||
Fund. Any such amounts obtained shall be deposited by the | ||
Commission into the Injured Workers' Benefit Fund. If an | ||
injured employee or his or her personal representative | ||
receives payment from the Injured Workers' Benefit Fund, the | ||
State of Illinois has the same rights under paragraph (b) of | ||
Section 5 that the employer who failed to pay the benefits due | ||
to the injured employee would have had if the employer had paid | ||
those benefits, and any moneys recovered by the State as a | ||
result of the State's exercise of its rights under paragraph | ||
(b) of Section 5 shall be deposited into the Injured Workers' | ||
Benefit Fund. The custodian of the Injured Workers' Benefit | ||
Fund shall be joined with the employer as a party respondent in | ||
the application for adjustment of claim. After July 1, 2006, | ||
the Commission shall make disbursements from the Fund once | ||
each year to each eligible claimant. An eligible claimant is | ||
an injured worker who has within the previous fiscal year | ||
obtained a final award for benefits from the Commission | ||
against the employer and the Injured Workers' Benefit Fund and | ||
has notified the Commission within 90 days of receipt of such | ||
award. Within a reasonable time after the end of each fiscal | ||
year, the Commission shall make a disbursement to each | ||
eligible claimant. At the time of disbursement, if there are |
insufficient moneys in the Fund to pay all claims, each | ||
eligible claimant shall receive a pro-rata share, as | ||
determined by the Commission, of the available moneys in the | ||
Fund for that year. Payment from the Injured Workers' Benefit | ||
Fund to an eligible claimant pursuant to this provision shall | ||
discharge the obligations of the Injured Workers' Benefit Fund | ||
regarding the award entered by the Commission.
| ||
(e) This Act shall not affect or disturb the continuance | ||
of any
existing insurance, mutual aid, benefit, or relief | ||
association or
department, whether maintained in whole or in | ||
part by the employer or
whether maintained by the employees, | ||
the payment of benefits of such
association or department | ||
being guaranteed by the employer or by some
person, firm or | ||
corporation for him or her: Provided, the employer contributes
| ||
to such association or department an amount not less than the | ||
full
compensation herein provided, exclusive of the cost of | ||
the maintenance
of such association or department and without | ||
any expense to the
employee. This Act shall not prevent the | ||
organization and maintaining
under the insurance laws of this | ||
State of any benefit or insurance
company for the purpose of | ||
insuring against the compensation provided
for in this Act, | ||
the expense of which is maintained by the employer.
This Act | ||
shall not prevent the organization or maintaining under the
| ||
insurance laws of this State of any voluntary mutual aid, | ||
benefit or
relief association among employees for the payment | ||
of additional
accident or sick benefits.
|
(f) No existing insurance, mutual aid, benefit or relief | ||
association
or department shall, by reason of anything herein | ||
contained, be
authorized to discontinue its operation without | ||
first discharging its
obligations to any and all persons | ||
carrying insurance in the same or
entitled to relief or | ||
benefits therein.
| ||
(g) Any contract, oral, written or implied, of employment | ||
providing
for relief benefit, or insurance or any other device | ||
whereby the
employee is required to pay any premium or | ||
premiums for insurance
against the compensation provided for | ||
in this Act shall be null and
void. Any employer withholding | ||
from the wages of any employee any
amount for the purpose of | ||
paying any such premium shall be guilty of a
Class B | ||
misdemeanor.
| ||
In the event the employer does not pay the compensation | ||
for which he or
she is liable, then an insurance company, | ||
association or insurer which may
have insured such employer | ||
against such liability shall become primarily
liable to pay to | ||
the employee, his or her personal representative or
| ||
beneficiary the compensation required by the provisions of | ||
this Act to
be paid by such employer. The insurance carrier may | ||
be made a party to
the proceedings in which the employer is a | ||
party and an award may be
entered jointly against the employer | ||
and the insurance carrier.
| ||
(h) It shall be unlawful for any employer, insurance | ||
company or
service or adjustment company to interfere with, |
restrain or coerce an
employee in any manner whatsoever in the | ||
exercise of the rights or
remedies granted to him or her by | ||
this Act or to discriminate, attempt to
discriminate, or | ||
threaten to discriminate against an employee in any way
| ||
because of his or her exercise of the rights or remedies | ||
granted to
him or her by this Act.
| ||
It shall be unlawful for any employer, individually or | ||
through any
insurance company or service or adjustment | ||
company, to discharge or to
threaten to discharge, or to | ||
refuse to rehire or recall to active
service in a suitable | ||
capacity an employee because of the exercise of
his or her | ||
rights or remedies granted to him or her by this Act.
| ||
(i) If an employer elects to obtain a life insurance | ||
policy on his
employees, he may also elect to apply such | ||
benefits in satisfaction of all
or a portion of the death | ||
benefits payable under this Act, in which case,
the employer's | ||
compensation premium shall be reduced accordingly.
| ||
(j) Within 45 days of receipt of an initial application or | ||
application
to renew self-insurance privileges the | ||
Self-Insurers Advisory Board shall
review and submit for | ||
approval by the Chairman of the Commission
recommendations of | ||
disposition of all initial applications to self-insure
and all | ||
applications to renew self-insurance privileges filed by | ||
private
self-insurers pursuant to the provisions of this | ||
Section and Section 4a-9
of this Act. Each private | ||
self-insurer shall submit with its initial and
renewal |
applications the application fee required by Section 4a-4 of | ||
this Act.
| ||
The Chairman of the Commission shall promptly act upon all | ||
initial
applications and applications for renewal in full | ||
accordance with the
recommendations of the Board or, should | ||
the Chairman disagree with any
recommendation of disposition | ||
of the Self-Insurer's Advisory Board, he
shall within 30 days | ||
of receipt of such recommendation provide to the Board
in | ||
writing the reasons supporting his decision. The Chairman | ||
shall also
promptly notify the employer of his decision within | ||
15 days of receipt of
the recommendation of the Board.
| ||
If an employer is denied a renewal of self-insurance | ||
privileges pursuant
to application it shall retain said | ||
privilege for 120 days after receipt of
a notice of | ||
cancellation of the privilege from the Chairman of the | ||
Commission.
| ||
All orders made by the Chairman under this Section shall | ||
be subject to
review by the courts, such review to be taken in | ||
the same manner and within
the same time as provided by | ||
subsection (f) of Section 19 of this Act for
review of awards | ||
and decisions of the Commission, upon the party seeking
the | ||
review filing with the clerk of the court to which such review | ||
is taken
a bond in an amount to be fixed and approved by the | ||
court to which the
review is taken, conditioned upon the | ||
payment of all compensation awarded
against the person taking | ||
such review pending a decision thereof and
further conditioned |
upon such other obligations as the court may impose.
Upon the | ||
review the Circuit Court shall have power to review all | ||
questions
of fact as well as of law.
| ||
(Source: P.A. 101-384, eff. 1-1-20 .)
| ||
(820 ILCS 305/25.5)
| ||
Sec. 25.5. Unlawful acts; penalties. | ||
(a) It is unlawful for any person, company, corporation, | ||
insurance carrier, healthcare provider, or other entity to: | ||
(1) Intentionally present or cause to be presented any | ||
false or
fraudulent claim for the payment of any workers' | ||
compensation
benefit.
| ||
(2) Intentionally make or cause to be made any false | ||
or
fraudulent material statement or material | ||
representation for the
purpose of obtaining or denying any | ||
workers' compensation
benefit.
| ||
(3) Intentionally make or cause to be made any false | ||
or
fraudulent statements with regard to entitlement to | ||
workers'
compensation benefits with the intent to prevent | ||
an injured
worker from making a legitimate claim for any | ||
workers'
compensation benefits.
| ||
(4) Intentionally prepare or provide an invalid, | ||
false, or
counterfeit certificate of insurance as proof of | ||
workers'
compensation insurance.
| ||
(5) Intentionally make or cause to be made any false | ||
or
fraudulent material statement or material |
representation for the
purpose of obtaining workers' | ||
compensation insurance at less
than the proper amount rate | ||
for that insurance.
| ||
(6) Intentionally make or cause to be made any false | ||
or
fraudulent material statement or material | ||
representation on an
initial or renewal self-insurance | ||
application or accompanying
financial statement for the | ||
purpose of obtaining self-insurance
status or reducing the | ||
amount of security that may be required
to be furnished | ||
pursuant to Section 4 of this Act.
| ||
(7) Intentionally make or cause to be made any false | ||
or
fraudulent material statement to the Department of | ||
Insurance's
fraud and insurance non-compliance unit in the | ||
course of an
investigation of fraud or insurance | ||
non-compliance.
| ||
(8) Intentionally assist, abet, solicit, or conspire | ||
with any
person, company, or other entity to commit any of | ||
the acts in
paragraph (1), (2), (3), (4), (5), (6), or (7) | ||
of this subsection (a).
| ||
(9) Intentionally present a bill or statement for the | ||
payment for medical services that were not provided. | ||
For the purposes of paragraphs (2), (3), (5), (6), (7), | ||
and (9), the term "statement" includes any writing, notice, | ||
proof of injury, bill for services, hospital or doctor records | ||
and reports, or X-ray and test results.
| ||
(b) Sentences for violations of subsection (a) are as |
follows:
| ||
(1) A violation in which the value of the property | ||
obtained or attempted to be obtained is $300 or less is a | ||
Class A misdemeanor. | ||
(2) A violation in which the value of the property | ||
obtained or attempted to be obtained is more than $300 but | ||
not more than $10,000 is a Class 3 felony. | ||
(3) A violation in which the value of the property | ||
obtained or attempted to be obtained is more than $10,000 | ||
but not more than $100,000 is a Class 2 felony. | ||
(4) A violation in which the value of the property | ||
obtained or attempted to be obtained is more than $100,000 | ||
is a Class 1 felony. | ||
(5) A person convicted under this Section shall be | ||
ordered to pay monetary restitution to the insurance | ||
company or self-insured entity or any other person for any | ||
financial loss sustained as a result of a violation of | ||
this Section, including any court costs and attorney fees. | ||
An order of restitution also includes expenses incurred | ||
and paid by the State of Illinois or an insurance company | ||
or self-insured entity in connection with any medical | ||
evaluation or treatment services. | ||
For the purposes of this Section, where the exact value of | ||
property obtained or attempted to be obtained is either not | ||
alleged or is not specifically set by the terms of a policy of | ||
insurance, the value of the property shall be the fair market |
replacement value of the property claimed to be lost, the | ||
reasonable costs of reimbursing a vendor or other claimant for | ||
services to be rendered, or both. Notwithstanding the | ||
foregoing, an insurance company, self-insured entity, or any | ||
other person suffering financial loss sustained as a result of | ||
violation of this Section may seek restitution, including | ||
court costs and attorney's fees in a civil action in a court of | ||
competent jurisdiction. | ||
(c) The Department of Insurance shall establish a fraud | ||
and insurance non-compliance unit responsible for | ||
investigating incidences of fraud and insurance non-compliance | ||
pursuant to this Section. The size of the staff of the unit | ||
shall be subject to appropriation by the General Assembly. It | ||
shall be the duty of the fraud and insurance non-compliance | ||
unit to determine the identity of insurance carriers, | ||
employers, employees, or other persons or entities who have | ||
violated the fraud and insurance non-compliance provisions of | ||
this Section. The fraud and insurance non-compliance unit | ||
shall report violations of the fraud and insurance | ||
non-compliance provisions of this Section to the Special | ||
Prosecutions Bureau of the Criminal Division of the Office of | ||
the Attorney General or to the State's Attorney of the county | ||
in which the offense allegedly occurred, either of whom has | ||
the authority to prosecute violations under this Section.
| ||
With respect to the subject of any investigation being | ||
conducted, the fraud and insurance non-compliance unit shall |
have the general power of subpoena of the Department of | ||
Insurance, including the authority to issue a subpoena to a | ||
medical provider, pursuant to Section 8-802 of the Code of | ||
Civil Procedure.
| ||
(d) Any person may report allegations of insurance | ||
non-compliance and fraud pursuant to this Section to the | ||
Department of Insurance's fraud and insurance non-compliance | ||
unit whose duty it shall be to investigate the report. The unit | ||
shall notify the Commission of reports of insurance | ||
non-compliance. Any person reporting an allegation of | ||
insurance non-compliance or fraud against either an employee | ||
or employer under this Section must identify himself. Except | ||
as provided in this subsection and in subsection (e), all | ||
reports shall remain confidential except to refer an | ||
investigation to the Attorney General or State's Attorney for | ||
prosecution or if the fraud and insurance non-compliance | ||
unit's investigation reveals that the conduct reported may be | ||
in violation of other laws or regulations of the State of | ||
Illinois, the unit may report such conduct to the appropriate | ||
governmental agency charged with administering such laws and | ||
regulations. Any person who intentionally makes a false report | ||
under this Section to the fraud and insurance non-compliance | ||
unit is guilty of a Class A misdemeanor.
| ||
(e) In order for the fraud and insurance non-compliance | ||
unit to investigate a report of fraud related to an employee's | ||
claim, (i) the employee must have filed with the Commission an |
Application for Adjustment of Claim and the employee must have | ||
either received or attempted to receive benefits under this | ||
Act that are related to the reported fraud or (ii) the employee | ||
must have made a written demand for the payment of benefits | ||
that are related to the reported fraud. There shall be no | ||
immunity, under this Act or otherwise, for any person who | ||
files a false report or who files a report without good and | ||
just cause. Confidentiality of medical information shall be | ||
strictly maintained. Investigations that are not referred for | ||
prosecution shall be destroyed upon the expiration of the | ||
statute of limitations for the acts under investigation and | ||
shall not be disclosed except that the person making the | ||
report shall be notified that the investigation is being | ||
closed. It is unlawful for any employer, insurance carrier, | ||
service adjustment company, third party administrator, | ||
self-insured, or similar entity to file or threaten to file a | ||
report of fraud against an employee because of the exercise by | ||
the employee of the rights and remedies granted to the | ||
employee by this Act.
| ||
(e-5) (Blank). The fraud and insurance non-compliance unit | ||
shall procure and implement a system utilizing advanced | ||
analytics inclusive of predictive modeling, data mining, | ||
social network analysis, and scoring algorithms for the | ||
detection and prevention of fraud, waste, and abuse on or | ||
before January 1, 2012. The fraud and insurance non-compliance | ||
unit shall procure this system using a request for proposals |
process governed by the Illinois Procurement Code and rules | ||
adopted under that Code. The fraud and insurance | ||
non-compliance unit shall provide a report to the President of | ||
the Senate, Speaker of the House of Representatives, Minority | ||
Leader of the House of Representatives, Minority Leader of the | ||
Senate, Governor, Chairman of the Commission, and Director of | ||
Insurance on or before July 1, 2012 and annually thereafter | ||
detailing its activities and providing recommendations | ||
regarding opportunities for additional fraud waste and abuse | ||
detection and prevention. | ||
(f) Any person convicted of fraud related to workers' | ||
compensation pursuant to this Section shall be subject to the | ||
penalties prescribed in the Criminal Code of 2012 and shall be | ||
ineligible to receive or retain any compensation, disability, | ||
or medical benefits as defined in this Act if the | ||
compensation, disability, or medical benefits were owed or | ||
received as a result of fraud for which the recipient of the | ||
compensation, disability, or medical benefit was convicted. | ||
This subsection applies to accidental injuries or diseases | ||
that occur on or after the effective date of this amendatory | ||
Act of the 94th General Assembly.
| ||
(g) Civil liability. Any person convicted of fraud who | ||
knowingly obtains, attempts to obtain, or causes to be | ||
obtained any benefits under this Act by the making of a false | ||
claim or who knowingly misrepresents any material fact shall | ||
be civilly liable to the payor of benefits or the insurer or |
the payor's or insurer's subrogee or assignee in an amount | ||
equal to 3 times the value of the benefits or insurance | ||
coverage wrongfully obtained or twice the value of the | ||
benefits or insurance coverage attempted to be obtained, plus | ||
reasonable attorney's fees and expenses incurred by the payor | ||
or the payor's subrogee or assignee who successfully brings a | ||
claim under this subsection. This subsection applies to | ||
accidental injuries or diseases that occur on or after the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly.
| ||
(h) The fraud and insurance non-compliance unit shall | ||
submit a written report on an annual basis to the Chairman of | ||
the Commission, the Workers' Compensation Advisory Board, the | ||
General Assembly, the Governor, and the Attorney General by | ||
January 1 and July 1 of each year. This report shall include, | ||
at the minimum, the following information: | ||
(1) The number of allegations of insurance | ||
non-compliance and fraud reported to the fraud and | ||
insurance non-compliance unit. | ||
(2) The source of the reported allegations | ||
(individual, employer, or other). | ||
(3) The number of allegations investigated by the | ||
fraud and insurance non-compliance unit. | ||
(4) The number of criminal referrals made in | ||
accordance with this Section and the entity to which the | ||
referral was made. |
(5) All proceedings under this Section.
| ||
(6) Recommendations regarding opportunities for | ||
additional fraud detection. | ||
(Source: P.A. 97-18, eff. 6-28-11; 97-1150, eff. 1-25-13.) | ||
(820 ILCS 305/29.2) | ||
Sec. 29.2. Insurance oversight. | ||
(a) The Department of Insurance shall annually submit to | ||
the Governor, the Chairman of the Commission, the President of | ||
the Senate, the Speaker of the House of Representatives, the | ||
Minority Leader of the Senate, and the Minority Leader of the | ||
House of Representatives a written report that details the | ||
state of the workers' compensation insurance market in | ||
Illinois. The report shall be completed by April 1 of each | ||
year, beginning in 2012, or later if necessary data or | ||
analyses are only available to the Department at a later date. | ||
The report shall be posted on the Department of Insurance's | ||
Internet website. Information to be included in the report | ||
shall be for the preceding calendar year. The report shall | ||
include, at a minimum, the following: | ||
(1) Gross premiums collected by workers' compensation | ||
carriers in Illinois and the national rank of Illinois | ||
based on premium volume. | ||
(2) The number of insurance companies actively engaged | ||
in Illinois in the workers' compensation insurance market, | ||
including both holding companies and subsidiaries or |
affiliates, and the national rank of Illinois based on | ||
number of competing insurers. | ||
(3) The total number of insured participants in the | ||
Illinois workers' compensation assigned risk insurance | ||
pool, and the size of the assigned risk pool as a | ||
proportion of the total Illinois workers' compensation | ||
insurance market. | ||
(4) The advisory organization premium rate for | ||
workers' compensation insurance in Illinois for the | ||
previous year. | ||
(5) The advisory organization prescribed assigned risk | ||
pool premium rate. | ||
(6) The total amount of indemnity payments made by | ||
workers' compensation insurers in Illinois. | ||
(7) The total amount of medical payments made by | ||
workers' compensation insurers in Illinois, and the | ||
national rank of Illinois based on average cost of medical | ||
claims per injured worker. | ||
(8) The gross profitability of workers' compensation | ||
insurers in Illinois, and the national rank of Illinois | ||
based on profitability of workers' compensation insurers. | ||
(9) The loss ratio of workers' compensation insurers | ||
in Illinois and the national rank of Illinois based on the | ||
loss ratio of workers' compensation insurers. For purposes | ||
of this loss ratio calculation, the denominator shall | ||
include all premiums and other fees collected by workers' |
compensation insurers and the numerator shall include the | ||
total amount paid by the insurer for care or compensation | ||
to injured workers. | ||
(10) The growth of total paid indemnity benefits by | ||
temporary total disability, scheduled and non-scheduled | ||
permanent partial disability, and total disability. | ||
(11) The number of injured workers receiving wage loss | ||
differential awards and the average wage loss differential | ||
award payout. | ||
(12) Illinois' rank, relative to other states, for: | ||
(i) the maximum and minimum temporary total | ||
disability benefit level; | ||
(ii) the maximum and minimum scheduled and | ||
non-scheduled permanent partial disability benefit | ||
level; | ||
(iii) the maximum and minimum total disability | ||
benefit level; and | ||
(iv) the maximum and minimum death benefit level. | ||
(13) The aggregate growth of medical benefit payout by | ||
non-hospital providers and hospitals. | ||
(14) The aggregate growth of medical utilization for | ||
the top 10 most common injuries to specific body parts by | ||
non-hospital providers and hospitals. | ||
(15) The percentage of injured workers filing claims | ||
at the Commission that are represented by an attorney. | ||
(16) The total amount paid by injured workers for |
attorney representation. | ||
(b) The Director of Insurance shall promulgate rules | ||
requiring each insurer licensed to write workers' compensation | ||
coverage in the State to record and report the following | ||
information on an aggregate basis to the Department of | ||
Insurance before June 1 March 1 of each year, relating to | ||
claims in the State opened within the prior calendar year: | ||
(1) The number of claims opened. | ||
(2) The number of reported medical only claims. | ||
(3) The number of contested claims. | ||
(4) The number of claims for which the employee has | ||
attorney representation. | ||
(5) The number of claims with lost time and the number | ||
of claims for which temporary total disability was paid. | ||
(6) The number of claim adjusters employed to adjust | ||
workers' compensation claims. | ||
(7) The number of claims for which temporary total | ||
disability was not paid within 14 days from the first full | ||
day off, regardless of reason. | ||
(8) The number of medical bills paid 60 days or later | ||
from date of service and the average days paid on those | ||
paid after 60 days for the previous calendar year. | ||
(9) The number of claims in which in-house defense | ||
counsel participated, and the total amount spent on | ||
in-house legal services. | ||
(10) The number of claims in which outside defense |
counsel participated, and the total amount paid to outside | ||
defense counsel. | ||
(11) The total amount billed to employers for bill | ||
review. | ||
(12) The total amount billed to employers for fee | ||
schedule savings. | ||
(13) The total amount charged to employers for any and | ||
all managed care fees. | ||
(14) The number of claims involving in-house medical | ||
nurse case management, and the total amount spent on | ||
in-house medical nurse case management. | ||
(15) The number of claims involving outside medical | ||
nurse case management, and the total amount paid for | ||
outside medical nurse case management. | ||
(16) The total amount paid for Independent Medical | ||
exams. | ||
(17) The total amount spent on in-house Utilization | ||
Review for the previous calendar year. | ||
(18) The total amount paid for outside Utilization | ||
Review for the previous calendar year. | ||
The Department shall make the submitted information | ||
publicly available on the Department's Internet website or | ||
such other media as appropriate in a form useful for | ||
consumers.
| ||
(Source: P.A. 97-18, eff. 6-28-11.)
| ||
Section 99. Effective date. This Act takes effect July 1, |
2021.
|