Rep. Marcus C. Evans, Jr.

Filed: 3/27/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2480

2    AMENDMENT NO. ______. Amend House Bill 2480 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Workers' Compensation Act is amended by
5changing Section 6 as follows:
 
6    (820 ILCS 305/6)  (from Ch. 48, par. 138.6)
7    Sec. 6. (a) Every employer within the provisions of this
8Act, shall, under the rules and regulations prescribed by the
9Commission, post printed notices in their respective places of
10employment in such number and at such places as may be
11determined by the Commission, containing such information
12relative to this Act as in the judgment of the Commission may
13be necessary to aid employees to safeguard their rights under
14this Act in event of injury.
15    In addition thereto, the employer shall post in a
16conspicuous place on the place of the employment a printed or

 

 

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1typewritten notice stating whether he is insured or whether he
2has qualified and is operating as a self-insured employer. In
3the event the employer is insured, the notice shall state the
4name and address of his insurance carrier, the number of the
5insurance policy, its effective date and the date of
6termination. In the event of the termination of the policy for
7any reason prior to the termination date stated, the posted
8notice shall promptly be corrected accordingly. In the event
9the employer is operating as a self-insured employer the notice
10shall state the name and address of the company, if any,
11servicing the compensation payments of the employer, and the
12name and address of the person in charge of making compensation
13payments.
14    (b) Every employer subject to this Act shall maintain
15accurate records of work-related deaths, injuries and illness
16other than minor injuries requiring only first aid treatment
17and which do not involve medical treatment, loss of
18consciousness, restriction of work or motion, or transfer to
19another job and file with the Commission, in writing, a report
20of all accidental deaths, injuries and illnesses arising out of
21and in the course of the employment resulting in the loss of
22more than 3 scheduled work days. In the case of death such
23report shall be made no later than 2 working days following the
24accidental death. In all other cases such report shall be made
25between the 15th and 25th of each month unless required to be
26made sooner by rule of the Commission. In case the injury

 

 

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1results in permanent disability, a further report shall be made
2as soon as it is determined that such permanent disability has
3resulted or will result from the injury. All reports shall
4state the date of the injury, including the time of day or
5night, the nature of the employer's business, the name,
6address, age, sex, conjugal condition of the injured person,
7the specific occupation of the injured person, the direct cause
8of the injury and the nature of the accident, the character of
9the injury, the length of disability, and in case of death the
10length of disability before death, the wages of the injured
11person, whether compensation has been paid to the injured
12person, or to his or her legal representative or his heirs or
13next of kin, the amount of compensation paid, the amount paid
14for physicians', surgeons' and hospital bills, and by whom
15paid, and the amount paid for funeral or burial expenses if
16known. The reports shall be made on forms and in the manner as
17prescribed by the Commission and shall contain such further
18information as the Commission shall deem necessary and require.
19The making of these reports releases the employer from making
20such reports to any other officer of the State and shall
21satisfy the reporting provisions as contained in the Safety
22Inspection and Education Act, the Health and Safety Act, and
23the Occupational Safety and Health Act. The reports filed with
24the Commission pursuant to this Section shall be made available
25by the Commission to the Director of Labor or his
26representatives and to all other departments of the State of

 

 

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1Illinois which shall require such information for the proper
2discharge of their official duties. Failure to file with the
3Commission any of the reports required in this Section is a
4petty offense.
5    Except as provided in this paragraph, all reports filed
6hereunder shall be confidential and any person having access to
7such records filed with the Illinois Workers' Compensation
8Commission as herein required, who shall release any
9information therein contained including the names or otherwise
10identify any persons sustaining injuries or disabilities, or
11give access to such information to any unauthorized person,
12shall be subject to discipline or discharge, and in addition
13shall be guilty of a Class B misdemeanor. The Commission shall
14compile and distribute to interested persons aggregate
15statistics, taken from the reports filed hereunder. The
16aggregate statistics shall not give the names or otherwise
17identify persons sustaining injuries or disabilities or the
18employer of any injured person or person with a disability.
19    (c) Notice of the accident shall be given to the employer
20as soon as practicable, but not later than 45 days after the
21accident. Provided:
22        (1) In case of the legal disability of the employee or
23    any dependent of a deceased employee who may be entitled to
24    compensation under the provisions of this Act, the
25    limitations of time by this Act provided do not begin to
26    run against such person under legal disability until a

 

 

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1    guardian has been appointed.
2        (2) In cases of injuries sustained by exposure to
3    radiological materials or equipment, notice shall be given
4    to the employer within 90 days subsequent to the time that
5    the employee knows or suspects that he has received an
6    excessive dose of radiation.
7    No defect or inaccuracy of such notice shall be a bar to
8the maintenance of proceedings on arbitration or otherwise by
9the employee unless the employer proves that he is unduly
10prejudiced in such proceedings by such defect or inaccuracy.
11    Notice of the accident shall give the approximate date and
12place of the accident, if known, and may be given orally or in
13writing.
14    (d) Every employer shall notify each injured employee who
15has been granted compensation under the provisions of Section 8
16of this Act of his rights to rehabilitation services and advise
17him of the locations of available public rehabilitation centers
18and any other such services of which the employer has
19knowledge.
20    In any case, other than one where the injury was caused by
21exposure to radiological materials or equipment or asbestos
22unless the application for compensation is filed with the
23Commission within 3 years after the date of the accident, where
24no compensation has been paid, or within 2 years after the date
25of the last payment of compensation, where any has been paid,
26whichever shall be later, the right to file such application

 

 

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1shall be barred.
2    In any case of injury caused by exposure to radiological
3materials or equipment or asbestos, unless application for
4compensation is filed with the Commission within 25 years after
5the last day that the employee was employed in an environment
6of hazardous radiological activity or asbestos, the right to
7file such application shall be barred.
8    If in any case except one where the injury was caused by
9exposure to radiological materials or equipment or asbestos,
10the accidental injury results in death application for
11compensation for death may be filed with the Commission within
123 years after the date of death where no compensation has been
13paid or within 2 years after the date of the last payment of
14compensation where any has been paid, whichever shall be later,
15but not thereafter.
16    If an accidental injury caused by exposure to radiological
17material or equipment or asbestos results in death within 25
18years after the last day that the employee was so exposed
19application for compensation for death may be filed with the
20Commission within 3 years after the date of death, where no
21compensation has been paid, or within 2 years after the date of
22the last payment of compensation where any has been paid,
23whichever shall be later, but not thereafter.
24    (e) Any contract or agreement made by any employer or his
25agent or attorney with any employee or any other beneficiary of
26any claim under the provisions of this Act within 7 days after

 

 

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1the injury shall be presumed to be fraudulent.
2    (f) Any condition or impairment of health of an employee
3employed as a firefighter, emergency medical technician (EMT),
4emergency medical technician-intermediate (EMT-I), advanced
5emergency medical technician (A-EMT), or paramedic which
6results directly or indirectly from any bloodborne pathogen,
7contagious staph infection, including Methicillin-resistant
8Staphylococcus aureus (MRSA), lung or respiratory disease or
9condition, heart or vascular disease or condition,
10hypertension, tuberculosis, or cancer resulting in any
11disability (temporary, permanent, total, or partial) to the
12employee shall be rebuttably presumed to arise out of and in
13the course of the employee's firefighting, EMT, or paramedic
14employment and, further, shall be rebuttably presumed to be
15causally connected to the hazards or exposures of the
16employment. This presumption shall also apply to any hernia or
17hearing loss suffered by an employee employed as a firefighter,
18EMT, EMT-I, A-EMT, or paramedic. However, this presumption
19shall not apply to any employee who has been employed as a
20firefighter, EMT, or paramedic for less than 5 years at the
21time he or she files an Application for Adjustment of Claim
22concerning this condition or impairment with the Illinois
23Workers' Compensation Commission. The rebuttable presumption
24established under this subsection, however, does not apply to
25an emergency medical technician (EMT), emergency medical
26technician-intermediate (EMT-I), advanced emergency medical

 

 

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1technician (A-EMT), or paramedic employed by a private employer
2if the employee spends the preponderance of his or her work
3time for that employer engaged in medical transfers between
4medical care facilities or non-emergency medical transfers to
5or from medical care facilities. The changes made to this
6subsection by Public Act 98-291 shall be narrowly construed.
7The Finding and Decision of the Illinois Workers' Compensation
8Commission under only the rebuttable presumption provision of
9this subsection shall not be admissible or be deemed res
10judicata in any disability claim under the Illinois Pension
11Code arising out of the same medical condition; however, this
12sentence makes no change to the law set forth in Krohe v. City
13of Bloomington, 204 Ill.2d 392.
14(Source: P.A. 98-291, eff. 1-1-14; 98-874, eff. 1-1-15; 98-973,
15eff. 8-15-14; 99-78, eff. 7-20-15; 99-143, eff. 7-27-15.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".