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Public Act 101-0040 |
HB0269 Enrolled | LRB101 04059 TAE 49067 b |
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AN ACT concerning employment.
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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 Workers' Compensation Act is amended by |
changing Sections 4 and 4a-5 as follows:
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(820 ILCS 305/4) (from Ch. 48, par. 138.4)
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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
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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 |
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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 |
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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 |
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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 |
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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. |
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(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
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 |
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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
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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.
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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, |
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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
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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 |
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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 |
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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. Whenever a panel of 3 |
Commissioners comprised of one member of the employing class, |
one member of the employee class, and one member not identified |
with either the employing or employee class, 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, |
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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 |
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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 |
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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 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 $2,500 . An employer that has been |
issued a citation shall pay the fine to the Commission and |
provide to the 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 wilful failure or |
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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
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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 Illinois Workers' |
Compensation Commission Insurance Compliance Division, the
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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
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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
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Commission within 30 days after the final order of the |
Commission, then the
named
corporate officers, directors, |
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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 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 shall promulgate procedural rules |
for enforcing this Section.
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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 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 |
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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.
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 |
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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 |
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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.
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(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 |
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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
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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
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relief association among employees for the payment of |
additional
accident or sick benefits.
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(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.
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(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 |
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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.
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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.
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(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.
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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.
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(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.
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(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. 97-18, eff. 6-28-11.)
|
(820 ILCS 305/4a-5) (from Ch. 48, par. 138.4a-5)
|
Sec. 4a-5. There is hereby created a Self-Insurers Security |
Fund. The State
Treasurer shall be the ex-officio custodian of |
the Self-Insurers Security
Fund. Moneys Monies in the Fund |
shall be deposited in a separate account in the
same manner as |
are State Funds and any interest accruing thereon shall be
|
added thereto every 6 months. It shall be subject to audit the |
|
same as
State funds and accounts and shall be protected by the |
general bond given
by the State Treasurer. The funds in the |
Self-Insurers Security Fund shall
not be subject to |
appropriation and shall be made available for the
purposes of |
compensating employees who are eligible to receive benefits
|
from their employers pursuant to the provisions of the Workers'
|
Compensation Act or Workers' Occupational Diseases Act, when, |
pursuant to
this Section, the Board has determined that a |
private self-insurer has
become an insolvent self-insurer and |
is unable to pay compensation benefits
due to financial |
insolvency. Moneys Monies in the Fund may be used to compensate
|
any type of injury or occupational disease which is compensable |
under either
Act, and all claims for related administrative |
fees,
operating costs of the Board, attorney's attorneys fees, |
and other costs reasonably
incurred by the Board. At the |
discretion of the Chairman, moneys in the Self-Insurers |
Security Fund may also be used for paying the salaries and |
benefits of the Self-Insurers Advisory Board employees and the |
operating costs of the Board. Payment from the Self-Insurers |
Security Fund shall
be made by the Comptroller only upon the |
authorization of the Chairman as
evidenced by properly |
certified vouchers of the Commission, upon the
direction of the |
Board.
|
(Source: P.A. 85-1385.)
|