SB1305 103RD GENERAL ASSEMBLY

LRB103 26154 DTM 52512 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1305

Introduced 2/3/2023, by Sen. Laura M. Murphy

SYNOPSIS AS INTRODUCED:

5 ILCS 100/5-45.35 new
820 ILCS 305/8.1 new

Amends the Workers' Compensation Act. Provides that an accidental injury that results from repetitive or cumulative trauma and occurs within 6 months after the employee begins employment shall not be considered by a workers' compensation insurer in setting rates. Provides for contribution by prior employers with respect to awards for repetitive or cumulative injuries. Amends the Illinois Administrative Procedure Act to authorize emergency rulemaking.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. The Illinois Administrative Procedure Act is amended by adding Section 5-45.35 as follows:

(5 ILCS 100/5-45.35 new)

Sec. 5-45.35. Emergency rulemaking; Workers' compensation; repetitive and cumulative injuries. To provide for the expeditious and timely implementation of Section 8.1 of the Workers' Compensation Act, emergency rules implementing that Section may be adopted in accordance with Section 5-45 by the Illinois Workers' Compensation Commission. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed one year after the effective date of this amendatory Act of the 103rd General Assembly.

Section 5. The Workers' Compensation Act is amended by adding Section 8.1 as follows:

(820 ILCS 305/8.1 new)

Sec. 8.1. Repetitive and cumulative injuries; right of contribution.

(a) Any accidental injury which results from repetitive or cumulative trauma and occurs within 6 months after the employee begins his or her employment shall not be considered by a workers' compensation insurer in setting the premium rate for the employer.

(b) If an award is made for benefits in connection with repetitive or cumulative injury resulting from employment with more than one employer, the employer liable for award or its insurer is entitled to contributions or reimbursement from each of the employee's prior employers which are subject to this Act or their insurers for the prior employer's pro rata share of responsibility as determined by the Commission. The right to contribution or reimbursement under this Section shall not delay, diminish, restrict, or alter in any way the benefits to which the employee or his or her dependents are entitled under this Act. At any time within one year after the Commission or the Arbitrator has made an award for benefits in connection with repetitive or cumulative injury, the employer liable under the award or its insurer may institute proceedings before the Commission for the purpose of determining the right of contribution or reimbursement. The proceeding shall not delay, diminish, restrict, or alter in any way the benefits to which the employee or his or her dependents are entitled under this Act, but shall be limited to a determination of the respective contribution or reimbursement rights and the responsibilities of all the employers joined in the proceeding. The employee has the duty of rendering reasonable cooperation in any of such proceedings.

(c) No contribution or reimbursement may be sought for any payment of benefits more than 2 years after the employer seeking contribution or reimbursement has made the payment.

(d) This Section shall apply only to injuries occurring on or after the effective date of this amendatory Act of the 103rd General Assembly.

(e) The Commission shall adopt emergency rules under Section 5-45 of the Illinois Administrative Procedure Act to implement the provisions of this Section.