city, town, township, incorporated village or school district, body politic or municipal corporation therein, whether by election, appointment or contract of hire, express or implied, oral or written, including any official of the State, or of any county, city, town, township, incorporated village, school district, body politic or municipal corporation therein and except any duly appointed member of the fire department in any city whose population exceeds 500,000 according to the last Federal or State census, and except any member of a fire insurance patrol maintained by a board of underwriters in this State. One employed by a contractor who has contracted with the State, or a county, city, town, township, incorporated village, school district, body politic or municipal corporation therein, through its representatives, shall not be considered as an employee of the State, county, city, town, township, incorporated village, school district, body politic or municipal corporation which made the contract.
(c) "Commission" means the Illinois Workers' Compensation Commission created by the
Workers' Compensation Act, approved July 9, 1951, as amended.
(d) In this Act the term "Occupational Disease" means a disease
arising out of and in the course of the employment or which has become
aggravated and rendered disabling as a result of the exposure of the
employment. Such aggravation shall arise out of a risk peculiar to or
increased by the employment and not common to the general public.
A disease shall be deemed to arise out of the employment if there is
apparent to the rational mind, upon consideration of all the
circumstances, a causal connection between the conditions under which
the work is performed and the occupational disease. The disease need not
to have been foreseen or expected but after its contraction it must
appear to have had its origin or aggravation in a risk connected with
the employment and to have flowed from that source as a rational
An employee shall be conclusively deemed to have been exposed to the
hazards of an occupational disease when, for any length of time however
short, he or she is employed in an occupation or process in which the
hazard of the disease exists; provided however, that in a claim of
exposure to atomic radiation, the fact of such exposure must be verified
by the records of the central registry of radiation exposure maintained
by the Department of Public Health or by some other recognized
governmental agency maintaining records of such exposures whenever and
to the extent that the records are on file with the Department of Public
Health or the agency.
Any injury to or disease or death of an employee arising from the administration of a vaccine, including without limitation smallpox vaccine, to prepare for, or as a response to, a threatened or potential bioterrorist incident to the employee as part of a voluntary inoculation program in connection with the person's employment or in connection with any governmental program or recommendation for the inoculation of workers in the employee's occupation, geographical area, or other category that includes the employee is deemed to arise out of and in the course of the employment for all purposes under this Act. This paragraph added by Public Act 93-829 is declarative of existing law and is not a new enactment.
The employer liable for the compensation in this Act provided shall
be the employer in whose employment the employee was last exposed to the
hazard of the occupational disease claimed upon regardless of the length
of time of such last exposure, except, in cases of silicosis or
asbestosis, the only employer liable shall be the last employer in whose
employment the employee was last exposed during a period of 60 days or
more after the effective date of this Act, to the hazard of such
occupational disease, and, in such cases, an exposure during a period of
less than 60 days, after the effective date of this Act, shall not be
deemed a last exposure. If a miner who is suffering or suffered from
pneumoconiosis was employed for 10 years or more in one or more coal
mines there shall, effective July 1, 1973 be a rebuttable presumption
that his or her pneumoconiosis arose out of such employment.
If a deceased miner was employed for 10 years or more in one or more
coal mines and died from a respirable disease there shall, effective
July 1, 1973, be a rebuttable presumption that his or her death was due
Any condition or impairment of health of an employee employed as a
firefighter, emergency medical technician (EMT), emergency medical technician-intermediate (EMT-I), advanced emergency medical technician (A-EMT), or paramedic which results
directly or indirectly from any bloodborne pathogen, lung or respiratory
or vascular disease or condition, hypertension, tuberculosis, or cancer
in any disability (temporary, permanent, total, or partial) to the employee
shall be rebuttably presumed to arise out of and in the course of the
employee's firefighting, EMT, EMT-I, A-EMT, or paramedic employment and, further, shall be
rebuttably presumed to be causally connected to the hazards or exposures of
the employment. This presumption shall also apply to any hernia or hearing
loss suffered by an employee employed as a firefighter, EMT, EMT-I, A-EMT, or paramedic.
However, this presumption shall not apply to any employee who has been employed
as a firefighter, EMT, EMT-I, A-EMT, or paramedic for less than 5 years at the time he or she files an Application for Adjustment of Claim concerning this condition or impairment with the Illinois Workers' Compensation Commission. The rebuttable presumption established under this subsection, however, does not apply to an emergency medical technician (EMT), emergency medical technician-intermediate (EMT-I), advanced emergency medical technician (A-EMT), or paramedic employed by a private employer if the employee spends the preponderance of his or her work time for that employer engaged in medical transfers between medical care facilities or non-emergency medical transfers to or from medical care facilities. The changes made to this subsection by this amendatory Act of the 98th General Assembly shall be narrowly construed. The Finding and Decision of the Illinois Workers' Compensation Commission under only the rebuttable presumption provision of this paragraph shall not be admissible or be deemed res judicata in any disability claim under the Illinois Pension Code arising out of the same medical condition; however, this sentence makes no change to the law set forth in Krohe v. City of Bloomington, 204 Ill.2d 392.
The insurance carrier liable shall be the carrier whose policy was in
effect covering the employer liable on the last day of the exposure
rendering such employer liable in accordance with the provisions of this
(e) "Disablement" means an impairment or partial impairment,
temporary or permanent, in the function of the body or any of the
members of the body, or the event of becoming disabled from earning full
wages at the work in which the employee was engaged when last exposed to
the hazards of the occupational disease by the employer from whom he or
she claims compensation, or equal wages in other suitable employment;
and "disability" means the state of being so incapacitated.
(f) No compensation shall be payable for or on account of any
occupational disease unless disablement, as herein defined, occurs
within two years after the last day of the last exposure to the hazards
of the disease, except in cases of occupational disease caused by
berylliosis or by the inhalation of silica dust or asbestos dust and, in
such cases, within 3 years after the last day of the last exposure to
the hazards of such disease and except in the case of occupational
disease caused by exposure to radiological materials or equipment, and
in such case, within 25 years after the last day of last exposure to the
hazards of such disease.
(Source: P.A. 98-291, eff. 1-1-14; 98-973, eff. 8-15-14.)