103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5625

 

Introduced 2/9/2024, by Rep. Kam Buckner

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 305/1  from Ch. 48, par. 138.1
820 ILCS 305/10  from Ch. 48, par. 138.10

    Amends the Workers' Compensation Act. Provides that the definition of "employee" includes every student participant in an athletic program at an institutions of higher education, but only when the student is participating in an athletic event, travel to and from an athletic event, or an organized training activity. Sets forth a provision to calculate the average weekly wage of a student athlete.


LRB103 37972 SPS 68104 b

 

 

A BILL FOR

 

HB5625LRB103 37972 SPS 68104 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 Sections 1 and 10 as follows:
 
6    (820 ILCS 305/1)  (from Ch. 48, par. 138.1)
7    Sec. 1. This Act may be cited as the Workers' Compensation
8Act.
9    (a) The term "employer" as used in this Act means:
10    1. The State and each county, city, town, township,
11incorporated village, school district, body politic, or
12municipal corporation therein.
13    2. Every person, firm, public or private corporation,
14including hospitals, public service, eleemosynary, religious
15or charitable corporations or associations who has any person
16in service or under any contract for hire, express or implied,
17oral or written, and who is engaged in any of the enterprises
18or businesses enumerated in Section 3 of this Act, or who at or
19prior to the time of the accident to the employee for which
20compensation under this Act may be claimed, has in the manner
21provided in this Act elected to become subject to the
22provisions of this Act, and who has not, prior to such
23accident, effected a withdrawal of such election in the manner

 

 

HB5625- 2 -LRB103 37972 SPS 68104 b

1provided in this Act.
2    3. Any one engaging in any business or enterprise referred
3to in subsections 1 and 2 of Section 3 of this Act who
4undertakes to do any work enumerated therein, is liable to pay
5compensation to his own immediate employees in accordance with
6the provisions of this Act, and in addition thereto if he
7directly or indirectly engages any contractor whether
8principal or sub-contractor to do any such work, he is liable
9to pay compensation to the employees of any such contractor or
10sub-contractor unless such contractor or sub-contractor has
11insured, in any company or association authorized under the
12laws of this State to insure the liability to pay compensation
13under this Act, or guaranteed his liability to pay such
14compensation. With respect to any time limitation on the
15filing of claims provided by this Act, the timely filing of a
16claim against a contractor or subcontractor, as the case may
17be, shall be deemed to be a timely filing with respect to all
18persons upon whom liability is imposed by this paragraph.
19    In the event any such person pays compensation under this
20subsection he may recover the amount thereof from the
21contractor or sub-contractor, if any, and in the event the
22contractor pays compensation under this subsection he may
23recover the amount thereof from the sub-contractor, if any.
24    This subsection does not apply in any case where the
25accident occurs elsewhere than on, in or about the immediate
26premises on which the principal has contracted that the work

 

 

HB5625- 3 -LRB103 37972 SPS 68104 b

1be done.
2    4. Where an employer operating under and subject to the
3provisions of this Act loans an employee to another such
4employer and such loaned employee sustains a compensable
5accidental injury in the employment of such borrowing employer
6and where such borrowing employer does not provide or pay the
7benefits or payments due such injured employee, such loaning
8employer is liable to provide or pay all benefits or payments
9due such employee under this Act and as to such employee the
10liability of such loaning and borrowing employers is joint and
11several, provided that such loaning employer is in the absence
12of agreement to the contrary entitled to receive from such
13borrowing employer full reimbursement for all sums paid or
14incurred pursuant to this paragraph together with reasonable
15attorneys' fees and expenses in any hearings before the
16Illinois Workers' Compensation Commission or in any action to
17secure such reimbursement. Where any benefit is provided or
18paid by such loaning employer the employee has the duty of
19rendering reasonable cooperation in any hearings, trials or
20proceedings in the case, including such proceedings for
21reimbursement.
22    Where an employee files an Application for Adjustment of
23Claim with the Illinois Workers' Compensation Commission
24alleging that his claim is covered by the provisions of the
25preceding paragraph, and joining both the alleged loaning and
26borrowing employers, they and each of them, upon written

 

 

HB5625- 4 -LRB103 37972 SPS 68104 b

1demand by the employee and within 7 days after receipt of such
2demand, shall have the duty of filing with the Illinois
3Workers' Compensation Commission a written admission or denial
4of the allegation that the claim is covered by the provisions
5of the preceding paragraph and in default of such filing or if
6any such denial be ultimately determined not to have been bona
7fide then the provisions of Paragraph K of Section 19 of this
8Act shall apply.
9    An employer whose business or enterprise or a substantial
10part thereof consists of hiring, procuring or furnishing
11employees to or for other employers operating under and
12subject to the provisions of this Act for the performance of
13the work of such other employers and who pays such employees
14their salary or wages notwithstanding that they are doing the
15work of such other employers shall be deemed a loaning
16employer within the meaning and provisions of this Section.
17    (b) The term "employee" as used in this Act means:
18    1. Every person in the service of the State, including
19members of the General Assembly, members of the Commerce
20Commission, members of the Illinois Workers' Compensation
21Commission, and all persons in the service of the University
22of Illinois, county, including deputy sheriffs and assistant
23state's attorneys, city, town, township, incorporated village
24or school district, body politic, or municipal corporation
25therein, whether by election, under appointment or contract of
26hire, express or implied, oral or written, including all

 

 

HB5625- 5 -LRB103 37972 SPS 68104 b

1members of the Illinois National Guard while on active duty in
2the service of the State, and all probation personnel of the
3Juvenile Court appointed pursuant to Article VI of the
4Juvenile Court Act of 1987, and including any official of the
5State, any county, city, town, township, incorporated village,
6school district, body politic or municipal corporation therein
7except any duly appointed member of a police department in any
8city whose population exceeds 500,000 according to the last
9Federal or State census, and except any member of a fire
10insurance patrol maintained by a board of underwriters in this
11State. A duly appointed member of a fire department in any
12city, the population of which exceeds 500,000 according to the
13last federal or State census, is an employee under this Act
14only with respect to claims brought under paragraph (c) of
15Section 8.
16    One employed by a contractor who has contracted with the
17State, or a county, city, town, township, incorporated
18village, school district, body politic or municipal
19corporation therein, through its representatives, is not
20considered as an employee of the State, county, city, town,
21township, incorporated village, school district, body politic
22or municipal corporation which made the contract.
23    2. Every person in the service of another under any
24contract of hire, express or implied, oral or written,
25including persons whose employment is outside of the State of
26Illinois where the contract of hire is made within the State of

 

 

HB5625- 6 -LRB103 37972 SPS 68104 b

1Illinois, persons whose employment results in fatal or
2non-fatal injuries within the State of Illinois where the
3contract of hire is made outside of the State of Illinois, and
4persons whose employment is principally localized within the
5State of Illinois, regardless of the place of the accident or
6the place where the contract of hire was made, and including
7noncitizens, and minors who, for the purpose of this Act are
8considered the same and have the same power to contract,
9receive payments and give quittances therefor, as adult
10employees.
11    3. Every sole proprietor and every partner of a business
12may elect to be covered by this Act.
13    4. Every student participant in an athletic program at an
14institutions of higher education, but only when the student is
15participating in an athletic event, travel to and from an
16athletic event, or an organized training activity.
17    An employee or his dependents under this Act who shall
18have a cause of action by reason of any injury, disablement or
19death arising out of and in the course of his employment may
20elect to pursue his remedy in the State where injured or
21disabled, or in the State where the contract of hire is made,
22or in the State where the employment is principally localized.
23    However, any employer may elect to provide and pay
24compensation to any employee other than those engaged in the
25usual course of the trade, business, profession or occupation
26of the employer by complying with Sections 2 and 4 of this Act.

 

 

HB5625- 7 -LRB103 37972 SPS 68104 b

1Employees are not included within the provisions of this Act
2when excluded by the laws of the United States relating to
3liability of employers to their employees for personal
4injuries where such laws are held to be exclusive.
5    The term "employee" does not include persons performing
6services as real estate broker, broker-salesman, or salesman
7when such persons are paid by commission only.
8    (c) "Commission" means the Industrial Commission created
9by Section 5 of "The Civil Administrative Code of Illinois",
10approved March 7, 1917, as amended, or the Illinois Workers'
11Compensation Commission created by Section 13 of this Act.
12    (d) To obtain compensation under this Act, an employee
13bears the burden of showing, by a preponderance of the
14evidence, that he or she has sustained accidental injuries
15arising out of and in the course of the employment.
16(Source: P.A. 102-1030, eff. 5-27-22.)
 
17    (820 ILCS 305/10)  (from Ch. 48, par. 138.10)
18    Sec. 10. The basis for computing the compensation provided
19for in Sections 7 and 8 of the Act shall be as follows:
20    The compensation shall be computed on the basis of the
21"Average weekly wage" which shall mean the actual earnings of
22the employee in the employment in which he was working at the
23time of the injury during the period of 52 weeks ending with
24the last day of the employee's last full pay period
25immediately preceding the date of injury, illness or

 

 

HB5625- 8 -LRB103 37972 SPS 68104 b

1disablement excluding overtime, and bonus divided by 52; but
2if the injured employee lost 5 or more calendar days during
3such period, whether or not in the same week, then the earnings
4for the remainder of such 52 weeks shall be divided by the
5number of weeks and parts thereof remaining after the time so
6lost has been deducted. Where the employment prior to the
7injury extended over a period of less than 52 weeks, the method
8of dividing the earnings during that period by the number of
9weeks and parts thereof during which the employee actually
10earned wages shall be followed. Where by reason of the
11shortness of the time during which the employee has been in the
12employment of his employer or of the casual nature or terms of
13the employment, it is impractical to compute the average
14weekly wages as above defined, regard shall be had to the
15average weekly amount which during the 52 weeks previous to
16the injury, illness or disablement was being or would have
17been earned by a person in the same grade employed at the same
18work for each of such 52 weeks for the same number of hours per
19week by the same employer. In the case of volunteer firemen,
20police and civil defense members or trainees, the income
21benefits shall be based on the average weekly wage in their
22regular employment. When the employee is working concurrently
23with two or more employers and the respondent employer has
24knowledge of such employment prior to the injury, his wages
25from all such employers shall be considered as if earned from
26the employer liable for compensation. In the case of student

 

 

HB5625- 9 -LRB103 37972 SPS 68104 b

1athletes, the average weekly wage shall be computed by taking
2the total scholarship awarded to the student athlete for his
3or her participation in an athletic program and all other
4grants and subsides awarded to him or her due to their
5participation in the athletic program in the current academic
6year, or if the athlete is not injured, during the prior
7academic year or the following academic year, whichever is
8greater, and dividing that total compensation by 52.
9(Source: P.A. 81-1482.)