102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3697

 

Introduced 2/22/2021, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 305/5  from Ch. 48, par. 138.5

    Amends the Workers' Compensation Act. Provides the Workers' Compensation Act does not preempt or prevent an employee from recovering under the Biometric Information Privacy Act.


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A BILL FOR

 

HB3697LRB102 14748 JLS 20101 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Workers' Compensation Act is amended by
5changing Section 5 as follows:
 
6    (820 ILCS 305/5)  (from Ch. 48, par. 138.5)
7    Sec. 5. Damages; minors; third-party liability.
8    (a) Except as provided in Section 1.2, no common law or
9statutory right to recover damages from the employer, his
10insurer, his broker, any service organization that is wholly
11owned by the employer, his insurer or his broker and that
12provides safety service, advice or recommendations for the
13employer or the agents or employees of any of them for injury
14or death sustained by any employee while engaged in the line of
15his duty as such employee, other than the compensation herein
16provided, is available to any employee who is covered by the
17provisions of this Act, to any one wholly or partially
18dependent upon him, the legal representatives of his estate,
19or any one otherwise entitled to recover damages for such
20injury.
21    However, in any action now pending or hereafter begun to
22enforce a common law or statutory right to recover damages for
23negligently causing the injury or death of any employee it is

 

 

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1not necessary to allege in the complaint that either the
2employee or the employer or both were not governed by the
3provisions of this Act or of any similar Act in force in this
4or any other State.
5    Moreover, nothing in this Act limits, prevents, or
6preempts a recovery by an employee under the Biometric
7Information Privacy Act.
8    Any illegally employed minor or his legal representatives
9shall, except as hereinafter provided, have the right within 6
10months after the time of injury or death, or within 6 months
11after the appointment of a legal representative, whichever
12shall be later, to file with the Commission a rejection of his
13right to the benefits under this Act, in which case such
14illegally employed minor or his legal representatives shall
15have the right to pursue his or their common law or statutory
16remedies to recover damages for such injury or death.
17    No payment of compensation under this Act shall be made to
18an illegally employed minor, or his legal representatives,
19unless such payment and the waiver of his right to reject the
20benefits of this Act has first been approved by the Commission
21or any member thereof, and if such payment and the waiver of
22his right of rejection has been so approved such payment is a
23bar to a subsequent rejection of the provisions of this Act.
24    (b) Where the injury or death for which compensation is
25payable under this Act was caused under circumstances creating
26a legal liability for damages on the part of some person other

 

 

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1than his employer to pay damages, then legal proceedings may
2be taken against such other person to recover damages
3notwithstanding such employer's payment of or liability to pay
4compensation under this Act. In such case, however, if the
5action against such other person is brought by the injured
6employee or his personal representative and judgment is
7obtained and paid, or settlement is made with such other
8person, either with or without suit, then from the amount
9received by such employee or personal representative there
10shall be paid to the employer the amount of compensation paid
11or to be paid by him to such employee or personal
12representative including amounts paid or to be paid pursuant
13to paragraph (a) of Section 8 of this Act.
14    Out of any reimbursement received by the employer pursuant
15to this Section the employer shall pay his pro rata share of
16all costs and reasonably necessary expenses in connection with
17such third-party claim, action or suit and where the services
18of an attorney at law of the employee or dependents have
19resulted in or substantially contributed to the procurement by
20suit, settlement or otherwise of the proceeds out of which the
21employer is reimbursed, then, in the absence of other
22agreement, the employer shall pay such attorney 25% of the
23gross amount of such reimbursement.
24    If the injured employee or his personal representative
25agrees to receive compensation from the employer or accept
26from the employer any payment on account of such compensation,

 

 

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1or to institute proceedings to recover the same, the employer
2may have or claim a lien upon any award, judgment or fund out
3of which such employee might be compensated from such third
4party.
5    In such actions brought by the employee or his personal
6representative, he shall forthwith notify his employer by
7personal service or registered mail, of such fact and of the
8name of the court in which the suit is brought, filing proof
9thereof in the action. The employer may, at any time
10thereafter join in the action upon his motion so that all
11orders of court after hearing and judgment shall be made for
12his protection. No release or settlement of claim for damages
13by reason of such injury or death, and no satisfaction of
14judgment in such proceedings shall be valid without the
15written consent of both employer and employee or his personal
16representative, except in the case of the employers, such
17consent is not required where the employer has been fully
18indemnified or protected by Court order.
19    In the event the employee or his personal representative
20fails to institute a proceeding against such third person at
21any time prior to 3 months before such action would be barred,
22the employer may in his own name or in the name of the
23employee, or his personal representative, commence a
24proceeding against such other person for the recovery of
25damages on account of such injury or death to the employee, and
26out of any amount recovered the employer shall pay over to the

 

 

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1injured employee or his personal representatives all sums
2collected from such other person by judgment or otherwise in
3excess of the amount of such compensation paid or to be paid
4under this Act, including amounts paid or to be paid pursuant
5to paragraph (a) of Section 8 of this Act, and costs,
6attorney's fees and reasonable expenses as may be incurred by
7such employer in making such collection or in enforcing such
8liability.
9(Source: P.A. 101-6, eff. 5-17-19.)