Sen. William R. Haine

Filed: 3/14/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1147

2    AMENDMENT NO. ______. Amend Senate Bill 1147 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Workers' Compensation Act is amended by
5changing Section 1 as follows:
 
6    (820 ILCS 305/1)  (from Ch. 48, par. 138.1)
7    Sec. 1. This Act may be cited as the Workers' Compensation
8Act.
9    (a) The term "employer" as used in this Act means:
10    1. The State and each county, city, town, township,
11incorporated village, school district, body politic, or
12municipal corporation therein.
13    2. Every person, firm, public or private corporation,
14including hospitals, public service, eleemosynary, religious
15or charitable corporations or associations who has any person
16in service or under any contract for hire, express or implied,

 

 

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1oral or written, and who is engaged in any of the enterprises
2or businesses enumerated in Section 3 of this Act, or who at or
3prior to the time of the accident to the employee for which
4compensation under this Act may be claimed, has in the manner
5provided in this Act elected to become subject to the
6provisions of this Act, and who has not, prior to such
7accident, effected a withdrawal of such election in the manner
8provided in this Act.
9    3. Any one engaging in any business or enterprise referred
10to in subsections 1 and 2 of Section 3 of this Act who
11undertakes to do any work enumerated therein, is liable to pay
12compensation to his own immediate employees in accordance with
13the provisions of this Act, and in addition thereto if he
14directly or indirectly engages any contractor whether
15principal or sub-contractor to do any such work, he is liable
16to pay compensation to the employees of any such contractor or
17sub-contractor unless such contractor or sub-contractor has
18insured, in any company or association authorized under the
19laws of this State to insure the liability to pay compensation
20under this Act, or guaranteed his liability to pay such
21compensation. With respect to any time limitation on the filing
22of claims provided by this Act, the timely filing of a claim
23against a contractor or subcontractor, as the case may be,
24shall be deemed to be a timely filing with respect to all
25persons upon whom liability is imposed by this paragraph.
26    In the event any such person pays compensation under this

 

 

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1subsection he may recover the amount thereof from the
2contractor or sub-contractor, if any, and in the event the
3contractor pays compensation under this subsection he may
4recover the amount thereof from the sub-contractor, if any.
5    This subsection does not apply in any case where the
6accident occurs elsewhere than on, in or about the immediate
7premises on which the principal has contracted that the work be
8done.
9    4. Where an employer operating under and subject to the
10provisions of this Act loans an employee to another such
11employer and such loaned employee sustains a compensable
12accidental injury in the employment of such borrowing employer
13and where such borrowing employer does not provide or pay the
14benefits or payments due such injured employee, such loaning
15employer is liable to provide or pay all benefits or payments
16due such employee under this Act and as to such employee the
17liability of such loaning and borrowing employers is joint and
18several, provided that such loaning employer is in the absence
19of agreement to the contrary entitled to receive from such
20borrowing employer full reimbursement for all sums paid or
21incurred pursuant to this paragraph together with reasonable
22attorneys' fees and expenses in any hearings before the
23Illinois Workers' Compensation Commission or in any action to
24secure such reimbursement. Where any benefit is provided or
25paid by such loaning employer the employee has the duty of
26rendering reasonable cooperation in any hearings, trials or

 

 

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1proceedings in the case, including such proceedings for
2reimbursement.
3    Where an employee files an Application for Adjustment of
4Claim with the Illinois Workers' Compensation Commission
5alleging that his claim is covered by the provisions of the
6preceding paragraph, and joining both the alleged loaning and
7borrowing employers, they and each of them, upon written demand
8by the employee and within 7 days after receipt of such demand,
9shall have the duty of filing with the Illinois Workers'
10Compensation Commission a written admission or denial of the
11allegation that the claim is covered by the provisions of the
12preceding paragraph and in default of such filing or if any
13such denial be ultimately determined not to have been bona fide
14then the provisions of Paragraph K of Section 19 of this Act
15shall apply.
16    An employer whose business or enterprise or a substantial
17part thereof consists of hiring, procuring or furnishing
18employees to or for other employers operating under and subject
19to the provisions of this Act for the performance of the work
20of such other employers and who pays such employees their
21salary or wages notwithstanding that they are doing the work of
22such other employers shall be deemed a loaning employer within
23the meaning and provisions of this Section.
24    (b) The term "employee" as used in this Act means:
25    1. Every person in the service of the State, including
26members of the General Assembly, members of the Commerce

 

 

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1Commission, members of the Illinois Workers' Compensation
2Commission, and all persons in the service of the University of
3Illinois, county, including deputy sheriffs and assistant
4state's attorneys, city, town, township, incorporated village
5or school district, body politic, or municipal corporation
6therein, whether by election, under appointment or contract of
7hire, express or implied, oral or written, including all
8members of the Illinois National Guard while on active duty in
9the service of the State, and all probation personnel of the
10Juvenile Court appointed pursuant to Article VI of the Juvenile
11Court Act of 1987, and including any official of the State, any
12county, city, town, township, incorporated village, school
13district, body politic or municipal corporation therein except
14any duly appointed member of a police department in any city
15whose population exceeds 200,000 according to the last Federal
16or State census, and except any member of a fire insurance
17patrol maintained by a board of underwriters in this State. A
18duly appointed member of a fire department in any city, the
19population of which exceeds 200,000 according to the last
20federal or State census, is an employee under this Act only
21with respect to claims brought under paragraph (c) of Section
228.
23    One employed by a contractor who has contracted with the
24State, or a county, city, town, township, incorporated village,
25school district, body politic or municipal corporation
26therein, through its representatives, is not considered as an

 

 

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1employee of the State, county, city, town, township,
2incorporated village, school district, body politic or
3municipal corporation which made the contract.
4    2. Every person in the service of another under any
5contract of hire, express or implied, oral or written,
6including persons whose employment is outside of the State of
7Illinois where the contract of hire is made within the State of
8Illinois, persons whose employment results in fatal or
9non-fatal injuries within the State of Illinois where the
10contract of hire is made outside of the State of Illinois, and
11persons whose employment is principally localized within the
12State of Illinois, regardless of the place of the accident or
13the place where the contract of hire was made, and including
14aliens, and minors who, for the purpose of this Act are
15considered the same and have the same power to contract,
16receive payments and give quittances therefor, as adult
17employees.
18    3. Every sole proprietor and every partner of a business
19may elect to be covered by this Act.
20    An employee or his dependents under this Act who shall have
21a cause of action by reason of any injury, disablement or death
22arising out of and in the course of his employment may elect to
23pursue his remedy in the State where injured or disabled, or in
24the State where the contract of hire is made, or in the State
25where the employment is principally localized.
26    However, any employer may elect to provide and pay

 

 

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1compensation to any employee other than those engaged in the
2usual course of the trade, business, profession or occupation
3of the employer by complying with Sections 2 and 4 of this Act.
4Employees are not included within the provisions of this Act
5when excluded by the laws of the United States relating to
6liability of employers to their employees for personal injuries
7where such laws are held to be exclusive.
8    The term "employee" does not include persons performing
9services as real estate broker, broker-salesman, or salesman
10when such persons are paid by commission only.
11    The term "employee" does not include a person or his or her
12dependents with a cause of action by reason of any injury,
13disablement, or death arising out of and in the course of his
14or her employment when that injury, disablement, or death
15occurred during his or her commission of:
16        (A) a forcible felony;
17        (B) aggravated driving under the influence of alcohol,
18    other drug or drugs, or intoxicating compound or compounds,
19    or any combination thereof; or
20        (C) reckless homicide;
21if that forcible felony, aggravated driving under the
22influence, or reckless homicide caused an accident resulting in
23the death or severe injury of another person.
24    (c) "Commission" means the Industrial Commission created
25by Section 5 of "The Civil Administrative Code of Illinois",
26approved March 7, 1917, as amended, or the Illinois Workers'

 

 

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1Compensation Commission created by Section 13 of this Act.
2(Source: P.A. 93-721, eff. 1-1-05.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".