|
||||||||||||||||||||
|
||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning employment.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Workers' Compensation Act is amended by | |||||||||||||||||||
5 | changing Section 2 as follows:
| |||||||||||||||||||
6 | (820 ILCS 305/2) (from Ch. 48, par. 138.2)
| |||||||||||||||||||
7 | Sec. 2.
An employer in this State, who does not come within | |||||||||||||||||||
8 | the classes
enumerated by Section 3 of this Act, may elect to | |||||||||||||||||||
9 | provide and pay
compensation for accidental injuries sustained | |||||||||||||||||||
10 | by himself or any employee,
arising out
of and in the course of | |||||||||||||||||||
11 | the employment according to the provisions of this
Act, and | |||||||||||||||||||
12 | thereby relieve himself from any liability for the recovery of
| |||||||||||||||||||
13 | damages, except as herein provided. The State of Illinois | |||||||||||||||||||
14 | hereby elects to
provide and pay compensation according to the | |||||||||||||||||||
15 | provisions of this Act.
| |||||||||||||||||||
16 | (a) Election by any employer to provide and pay | |||||||||||||||||||
17 | compensation according
to the provisions of this Act shall be | |||||||||||||||||||
18 | made by the employer filing notice
of such election with the | |||||||||||||||||||
19 | Commission, or by insuring his liability to pay
compensation | |||||||||||||||||||
20 | under this Act in some insurance carrier authorized, licensed
| |||||||||||||||||||
21 | or permitted to do such insurance business in this State.
| |||||||||||||||||||
22 | (b) Every employer within the provisions of this Act who | |||||||||||||||||||
23 | has elected to
provide and pay compensation according to the |
| |||||||
| |||||||
1 | provisions of this Act by
filing notice of such election with | ||||||
2 | the Commission, shall be bound thereby
as to all his employees | ||||||
3 | until January 1st of the next succeeding year and
for terms of | ||||||
4 | each year thereafter.
| ||||||
5 | Any such employer who may have once elected, may elect not | ||||||
6 | to provide
and pay the compensation herein provided for | ||||||
7 | accidents resulting in either
injury or death and occurring | ||||||
8 | after the expiration of any such calendar
year by filing notice | ||||||
9 | of such election with the Commission at least 60 days
prior to | ||||||
10 | the expiration of any such calendar year, and by posting such
| ||||||
11 | notice at a conspicuous place in the plant, shop, office, room | ||||||
12 | or place
where such employee is employed, or by personal | ||||||
13 | service, in written or
printed form, upon such employees, at | ||||||
14 | least 60 days prior to the expiration
of any such calendar | ||||||
15 | year.
| ||||||
16 | Every employer within the provisions of this Act who has | ||||||
17 | elected to
provide and pay compensation according to the | ||||||
18 | provisions of this Act by
insuring his liability to pay | ||||||
19 | compensation under this Act, as above
provided, shall be bound | ||||||
20 | thereby as to all his employees until the date of
expiration or | ||||||
21 | cancellation of such policy of insurance, or any renewal
| ||||||
22 | thereof.
| ||||||
23 | (c) In the event any employer mentioned in this section, | ||||||
24 | elects to
provide and pay the compensation provided in this | ||||||
25 | Act, then every employee
of such employer, as a part of his | ||||||
26 | contract of hiring or who may be
employed at the time of the |
| |||||||
| |||||||
1 | taking effect of this Act and the acceptance of
its provisions | ||||||
2 | by such employer, shall be deemed to have accepted all the
| ||||||
3 | provisions of this Act and shall be bound thereby unless within | ||||||
4 | 30 days
after such hiring or after the taking effect of this | ||||||
5 | Act, and its
acceptance by such employee, he shall file a | ||||||
6 | notice to the contrary with
the Commission, whose duty it shall | ||||||
7 | be to immediately notify the employer,
and until such notice to | ||||||
8 | the contrary is given to the employer, the measure
of liability | ||||||
9 | of such employer shall be determined according to the
| ||||||
10 | compensation provisions of this Act.
| ||||||
11 | However, any employee may withdraw from the operation of | ||||||
12 | this Act,
except those under Section 3, upon filing a written | ||||||
13 | notice of withdrawal at
least 10 days prior to January 1st of | ||||||
14 | any year with the Commission, whose
duty it shall be to | ||||||
15 | immediately notify such employer by registered mail,
and, until | ||||||
16 | such notice to the contrary is given to such employer, the
| ||||||
17 | measure of liability of such employer shall be determined | ||||||
18 | according to the
compensation provisions of this Act.
| ||||||
19 | (d) Any such employer or employee may, without prejudice to | ||||||
20 | any existing
right or claim withdraw his election to reject | ||||||
21 | this Act by giving 30 days'
written notice in such manner and | ||||||
22 | form as may be provided by the
Commission.
| ||||||
23 | (e) A subcontractor under contract to a general contractor | ||||||
24 | may elect to be covered under any policy of workers' | ||||||
25 | compensation insurance insuring the contractor upon written | ||||||
26 | agreement of the contractor, by filing written notice of the |
| |||||||
| |||||||
1 | election, on a form prescribed by the Commission. It is the | ||||||
2 | responsibility of the general contractor to file the written | ||||||
3 | notice with the Commission. Failure of the general contractor | ||||||
4 | to file the written notice shall not operate to relieve or | ||||||
5 | alter the obligation of an insurance company to provide | ||||||
6 | coverage to a subcontractor when the subcontractor can produce | ||||||
7 | evidence of payment of premiums to the insurance company for | ||||||
8 | the coverage. The election shall in no way terminate or affect | ||||||
9 | the independent contractor status of the subcontractor for any | ||||||
10 | other purpose than to permit workers' compensation coverage. | ||||||
11 | The election of coverage may be terminated by the subcontractor | ||||||
12 | or general contractor by providing written notice of the | ||||||
13 | termination to the Commission and to all other parties | ||||||
14 | consenting to the prior election. The termination shall be | ||||||
15 | effective 30 days from the date of the notice to all other | ||||||
16 | parties consenting to the prior election and to the Commission. | ||||||
17 | (Source: P.A. 83-190.)
|