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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Workers' Compensation Act is amended by | |||||||||||||||||||
5 | changing Section 1 as follows:
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6 | (820 ILCS 305/1) (from Ch. 48, par. 138.1)
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7 | Sec. 1. This Act may be cited as the Workers' Compensation | |||||||||||||||||||
8 | Act.
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9 | (a) The term "employer" as used in this Act means:
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10 | 1. The State and each county, city, town, township, | |||||||||||||||||||
11 | incorporated
village, school district, body politic, or | |||||||||||||||||||
12 | municipal corporation
therein.
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13 | 2. Every person, firm, public or private corporation, | |||||||||||||||||||
14 | including
hospitals, public service, eleemosynary, religious | |||||||||||||||||||
15 | or charitable
corporations or associations who has any person | |||||||||||||||||||
16 | in service or under any
contract for hire, express or implied, | |||||||||||||||||||
17 | oral or written, and who is
engaged in any of the enterprises | |||||||||||||||||||
18 | or businesses enumerated in Section 3
of this Act, or who at or | |||||||||||||||||||
19 | prior to the time of the accident to the
employee for which | |||||||||||||||||||
20 | compensation under this Act may be claimed, has in
the manner | |||||||||||||||||||
21 | provided in this Act elected to become subject to the
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22 | provisions of this Act, and who has not, prior to such | |||||||||||||||||||
23 | accident,
effected a withdrawal of such election in the manner |
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1 | provided in this Act.
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2 | 3. Any one engaging in any business or enterprise referred | ||||||
3 | to in
subsections 1 and 2 of Section 3 of this Act who | ||||||
4 | undertakes to do any
work enumerated therein, is liable to pay | ||||||
5 | compensation to his own
immediate employees in accordance with | ||||||
6 | the provisions of this Act, and
in addition thereto if he | ||||||
7 | directly or indirectly engages any contractor
whether | ||||||
8 | principal or sub-contractor to do any such work, he is liable | ||||||
9 | to
pay compensation to the employees of any such contractor or
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10 | sub-contractor unless such contractor or sub-contractor has | ||||||
11 | insured, in
any company or association authorized under the | ||||||
12 | laws of this State to
insure the liability to pay compensation | ||||||
13 | under this Act, or guaranteed
his liability to pay such | ||||||
14 | compensation. With respect to any time
limitation on the filing | ||||||
15 | of claims provided by this Act, the timely
filing of a claim | ||||||
16 | against a contractor or subcontractor, as the case may
be, | ||||||
17 | shall be deemed to be a timely filing with respect to all | ||||||
18 | persons
upon whom liability is imposed by this paragraph.
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19 | In the event any such person pays compensation under this | ||||||
20 | subsection
he may recover the amount thereof from the | ||||||
21 | contractor or sub-contractor,
if any, and in the event the | ||||||
22 | contractor pays compensation under this
subsection he may | ||||||
23 | recover the amount thereof from the sub-contractor, if any.
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24 | This subsection does not apply in any case where the | ||||||
25 | accident occurs
elsewhere than on, in or about the immediate | ||||||
26 | premises on which the
principal has contracted that the work be |
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1 | done.
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2 | 4. Where an employer operating under and subject to the | ||||||
3 | provisions
of this Act loans an employee to another such | ||||||
4 | employer and such loaned
employee sustains a compensable | ||||||
5 | accidental injury in the employment of
such borrowing employer | ||||||
6 | and where such borrowing employer does not
provide or pay the | ||||||
7 | benefits or payments due such injured employee, such
loaning | ||||||
8 | employer is liable to provide or pay all benefits or payments
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9 | due such employee under this Act and as to such employee the | ||||||
10 | liability
of such loaning and borrowing employers is joint and | ||||||
11 | several, provided
that such loaning employer is in the absence | ||||||
12 | of agreement to the
contrary entitled to receive from such | ||||||
13 | borrowing employer full
reimbursement for all sums paid or | ||||||
14 | incurred pursuant to this paragraph
together with reasonable | ||||||
15 | attorneys' fees and expenses in any hearings
before the | ||||||
16 | Illinois Workers' Compensation Commission or in any action to | ||||||
17 | secure such
reimbursement. Where any benefit is provided or | ||||||
18 | paid by such loaning
employer the employee has the duty of | ||||||
19 | rendering reasonable cooperation
in any hearings, trials or | ||||||
20 | proceedings in the case, including such
proceedings for | ||||||
21 | reimbursement.
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22 | Where an employee files an Application for Adjustment of | ||||||
23 | Claim with
the Illinois Workers' Compensation
Commission | ||||||
24 | alleging that his claim is covered by the
provisions of the | ||||||
25 | preceding paragraph, and joining both the alleged
loaning and | ||||||
26 | borrowing employers, they and each of them, upon written
demand |
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1 | by the employee and within 7 days after receipt of such demand,
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2 | shall have the duty of filing with the Illinois Workers' | ||||||
3 | Compensation Commission a written
admission or denial of the | ||||||
4 | allegation that the claim is covered by the
provisions of the | ||||||
5 | preceding paragraph and in default of such filing or
if any | ||||||
6 | such denial be ultimately determined not to have been bona fide
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7 | then the provisions of Paragraph K of Section 19 of this Act | ||||||
8 | shall apply.
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9 | An employer whose business or enterprise or a substantial | ||||||
10 | part
thereof consists of hiring, procuring or furnishing | ||||||
11 | employees to or for
other employers operating under and subject | ||||||
12 | to the provisions of this
Act for the performance of the work | ||||||
13 | of such other employers and who pays
such employees their | ||||||
14 | salary or wages notwithstanding that they are doing
the work of | ||||||
15 | such other employers shall be deemed a loaning employer
within | ||||||
16 | the meaning and provisions of this Section.
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17 | Notwithstanding any other provision of this Act to the | ||||||
18 | contrary, any borrowing employer that has entered into an | ||||||
19 | agreement with any loaning employer may not and shall not avail | ||||||
20 | itself of the exclusive remedy protection under subsection (a) | ||||||
21 | of Section 5 of this Act in any suit for a common law or | ||||||
22 | statutory right to recover damages from any such borrowing | ||||||
23 | employer. | ||||||
24 | Notwithstanding any other provision of this Act to the | ||||||
25 | contrary, any agreement between a loaning employer and any | ||||||
26 | borrowing employer by which the loaning employer is entitled to |
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1 | receive from the borrowing employer full reimbursement for all | ||||||
2 | sums paid or incurred pursuant to this paragraph and reasonable | ||||||
3 | attorney's fees and expenses in any hearings before the | ||||||
4 | Illinois Workers' Compensation Commission or in any action to | ||||||
5 | secure such reimbursement is prohibited, is against public | ||||||
6 | policy, and is wholly void. | ||||||
7 | (b) The term "employee" as used in this Act means:
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8 | 1. Every person in the service of the State, including | ||||||
9 | members of
the General Assembly, members of the Commerce | ||||||
10 | Commission, members of the
Illinois Workers' Compensation | ||||||
11 | Commission, and all persons in the service of the University
of | ||||||
12 | Illinois, county, including deputy sheriffs and assistant | ||||||
13 | state's
attorneys, city, town, township, incorporated village | ||||||
14 | or school
district, body politic, or municipal corporation | ||||||
15 | therein, whether by
election, under appointment or contract of | ||||||
16 | hire, express or implied,
oral or written, including all | ||||||
17 | members of the Illinois National Guard
while on active duty in | ||||||
18 | the service of the State, and all probation
personnel of the | ||||||
19 | Juvenile Court appointed pursuant to Article VI
of the Juvenile | ||||||
20 | Court Act of 1987, and including any official of the
State, any | ||||||
21 | county, city, town, township, incorporated village, school
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22 | district, body politic or municipal corporation therein except | ||||||
23 | any duly
appointed member of a police department in any city | ||||||
24 | whose
population exceeds 500,000 according to the last Federal | ||||||
25 | or State
census, and except any member of a fire insurance | ||||||
26 | patrol maintained by a
board of underwriters in this State. A |
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1 | duly appointed member of a fire
department in any city, the | ||||||
2 | population of which exceeds 500,000 according
to the last | ||||||
3 | federal or State census, is an employee under this Act only
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4 | with respect to claims brought under paragraph (c) of Section | ||||||
5 | 8.
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6 | One employed by a contractor who has contracted with the | ||||||
7 | State, or a
county, city, town, township, incorporated village, | ||||||
8 | school district,
body politic or municipal corporation | ||||||
9 | therein, through its
representatives, is not considered as an | ||||||
10 | employee of the State, county,
city, town, township, | ||||||
11 | incorporated village, school district, body
politic or | ||||||
12 | municipal corporation which made the contract.
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13 | 2. Every person in the service of another under any | ||||||
14 | contract of
hire, express or implied, oral or written, | ||||||
15 | including persons whose
employment is outside of the State of | ||||||
16 | Illinois where the contract of
hire is made within the State of | ||||||
17 | Illinois, persons whose employment
results in fatal or | ||||||
18 | non-fatal injuries within the State of Illinois
where the | ||||||
19 | contract of hire is made outside of the State of Illinois, and
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20 | persons whose employment is principally localized within the | ||||||
21 | State of
Illinois, regardless of the place of the accident or | ||||||
22 | the place where the
contract of hire was made, and including | ||||||
23 | aliens, and minors who, for the
purpose of this Act are | ||||||
24 | considered the same and have the same power to
contract, | ||||||
25 | receive payments and give quittances therefor, as adult | ||||||
26 | employees.
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1 | 3. Every sole proprietor and every partner of a business | ||||||
2 | may elect to
be covered by this Act.
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3 | An employee or his dependents under this Act who shall have | ||||||
4 | a cause
of action by reason of any injury, disablement or death | ||||||
5 | arising out of
and in the course of his employment may elect to | ||||||
6 | pursue his remedy in
the State where injured or disabled, or in | ||||||
7 | the State where the contract
of hire is made, or in the State | ||||||
8 | where the employment is principally
localized.
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9 | However, any employer may elect to provide and pay | ||||||
10 | compensation to
any employee other than those engaged in the | ||||||
11 | usual course of the trade,
business, profession or occupation | ||||||
12 | of the employer by complying with
Sections 2 and 4 of this Act. | ||||||
13 | Employees are not included within the
provisions of this Act | ||||||
14 | when excluded by the laws of the United States
relating to | ||||||
15 | liability of employers to their employees for personal
injuries | ||||||
16 | where such laws are held to be exclusive.
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17 | The term "employee" does not include persons performing | ||||||
18 | services as real
estate broker, broker-salesman, or salesman | ||||||
19 | when such persons are paid by
commission only.
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20 | (c) "Commission" means the Industrial Commission created | ||||||
21 | by Section
5 of "The Civil Administrative Code of Illinois", | ||||||
22 | approved March 7,
1917, as amended, or the Illinois Workers' | ||||||
23 | Compensation Commission created by Section 13 of
this Act.
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24 | (d) To obtain compensation under this Act, an employee | ||||||
25 | bears the burden of showing, by a preponderance of the | ||||||
26 | evidence, that he or she has sustained accidental injuries |
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1 | arising out of and in the course of the employment. | ||||||
2 | (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813, | ||||||
3 | eff. 7-13-12.)
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