98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0109

 

Introduced 1/10/2013, by Rep. Dwight Kay

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 305/6  from Ch. 48, par. 138.6

    Amends the Workers' Compensation Act. Requires written, signed, and verified notice of an accident to be given to the employer. Provides that, with respect to repetitive trauma or cumulative trauma, notice shall be given within 45 days of the date the condition manifests itself. Specifies contents of the notice. Provides that no defect or inaccuracy in a notice shall be a bar to a proceeding unless the employee proves the defect or inaccuracy was not knowingly and willfully provided or there was good cause for the failure to provide an accurate or non-defective notice.


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A BILL FOR

 

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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 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
17typewritten notice stating whether he is insured or whether he
18has qualified and is operating as a self-insured employer. In
19the event the employer is insured, the notice shall state the
20name and address of his insurance carrier, the number of the
21insurance policy, its effective date and the date of
22termination. In the event of the termination of the policy for
23any reason prior to the termination date stated, the posted

 

 

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1notice shall promptly be corrected accordingly. In the event
2the employer is operating as a self-insured employer the notice
3shall state the name and address of the company, if any,
4servicing the compensation payments of the employer, and the
5name and address of the person in charge of making compensation
6payments.
7    (b) Every employer subject to this Act shall maintain
8accurate records of work-related deaths, injuries and illness
9other than minor injuries requiring only first aid treatment
10and which do not involve medical treatment, loss of
11consciousness, restriction of work or motion, or transfer to
12another job and file with the Commission, in writing, a report
13of all accidental deaths, injuries and illnesses arising out of
14and in the course of the employment resulting in the loss of
15more than 3 scheduled work days. In the case of death such
16report shall be made no later than 2 working days following the
17accidental death. In all other cases such report shall be made
18between the 15th and 25th of each month unless required to be
19made sooner by rule of the Commission. In case the injury
20results in permanent disability, a further report shall be made
21as soon as it is determined that such permanent disability has
22resulted or will result from the injury. All reports shall
23state the date of the injury, including the time of day or
24night, the nature of the employer's business, the name,
25address, age, sex, conjugal condition of the injured person,
26the specific occupation of the injured person, the direct cause

 

 

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1of the injury and the nature of the accident, the character of
2the injury, the length of disability, and in case of death the
3length of disability before death, the wages of the injured
4person, whether compensation has been paid to the injured
5person, or to his or her legal representative or his heirs or
6next of kin, the amount of compensation paid, the amount paid
7for physicians', surgeons' and hospital bills, and by whom
8paid, and the amount paid for funeral or burial expenses if
9known. The reports shall be made on forms and in the manner as
10prescribed by the Commission and shall contain such further
11information as the Commission shall deem necessary and require.
12The making of these reports releases the employer from making
13such reports to any other officer of the State and shall
14satisfy the reporting provisions as contained in the "Health
15and Safety Act" and "An Act in relation to safety inspections
16and education in industrial and commercial establishments and
17to repeal an Act therein named", approved July 18, 1955, as now
18or hereafter amended. The reports filed with the Commission
19pursuant to this Section shall be made available by the
20Commission to the Director of Labor or his representatives and
21to all other departments of the State of Illinois which shall
22require such information for the proper discharge of their
23official duties. Failure to file with the Commission any of the
24reports required in this Section is a petty offense.
25    Except as provided in this paragraph, all reports filed
26hereunder shall be confidential and any person having access to

 

 

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1such records filed with the Illinois Workers' Compensation
2Commission as herein required, who shall release any
3information therein contained including the names or otherwise
4identify any persons sustaining injuries or disabilities, or
5give access to such information to any unauthorized person,
6shall be subject to discipline or discharge, and in addition
7shall be guilty of a Class B misdemeanor. The Commission shall
8compile and distribute to interested persons aggregate
9statistics, taken from the reports filed hereunder. The
10aggregate statistics shall not give the names or otherwise
11identify persons sustaining injuries or disabilities or the
12employer of any injured or disabled person.
13    (c) Written, signed, and verified notice Notice of the
14accident shall be given to the employer as soon as practicable,
15but not later than 45 days after the accident. Provided:
16    (1) In case of the legal disability of the employee or any
17dependent of a deceased employee who may be entitled to
18compensation under the provisions of this Act, the limitations
19of time by this Act provided do not begin to run against such
20person under legal disability until a guardian has been
21appointed.
22    (2) In cases of injuries sustained by exposure to
23radiological materials or equipment, notice shall be given to
24the employer within 90 days subsequent to the time that the
25employee knows or suspects that he has received an excessive
26dose of radiation.

 

 

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1    (3) In cases of repetitive trauma or cumulative trauma
2injury, notice shall be given within 45 days of the date that
3the condition manifests itself. The date of manifestation is
4defined as the time when the employee developed symptoms of a
5repetitive injury or a cumulative trauma condition and such
6injury or condition was or should have been apparent to a
7prudent layperson that the injury or condition was related to a
8work activity.
9    No defect or inaccuracy of such notice shall be a bar to
10the maintenance of proceedings on arbitration or otherwise by
11the employee unless the employee employer proves that he is
12unduly prejudiced in such proceedings by such defect or
13inaccuracy was not knowingly and willfully provided or the
14employee or his or her beneficiary had good cause for failure
15to provide such notice.
16    Notice of the accident shall inform the employer of the
17give the approximate date, approximate time, the location of
18where and how and place of the accident occurred , if known,
19and may be given orally or in writing.
20    (d) Every employer shall notify each injured employee who
21has been granted compensation under the provisions of Section 8
22of this Act of his rights to rehabilitation services and advise
23him of the locations of available public rehabilitation centers
24and any other such services of which the employer has
25knowledge.
26    In any case, other than one where the injury was caused by

 

 

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1exposure to radiological materials or equipment or asbestos
2unless the application for compensation is filed with the
3Commission within 3 years after the date of the accident, where
4no compensation has been paid, or within 2 years after the date
5of the last payment of compensation, where any has been paid,
6whichever shall be later, the right to file such application
7shall be barred.
8    In any case of injury caused by exposure to radiological
9materials or equipment or asbestos, unless application for
10compensation is filed with the Commission within 25 years after
11the last day that the employee was employed in an environment
12of hazardous radiological activity or asbestos, the right to
13file such application shall be barred.
14    If in any case except one where the injury was caused by
15exposure to radiological materials or equipment or asbestos,
16the accidental injury results in death application for
17compensation for death may be filed with the Commission within
183 years after the date of death where no compensation has been
19paid or within 2 years after the date of the last payment of
20compensation where any has been paid, whichever shall be later,
21but not thereafter.
22    If an accidental injury caused by exposure to radiological
23material or equipment or asbestos results in death within 25
24years after the last day that the employee was so exposed
25application for compensation for death may be filed with the
26Commission within 3 years after the date of death, where no

 

 

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1compensation has been paid, or within 2 years after the date of
2the last payment of compensation where any has been paid,
3whichever shall be later, but not thereafter.
4    (e) Any contract or agreement made by any employer or his
5agent or attorney with any employee or any other beneficiary of
6any claim under the provisions of this Act within 7 days after
7the injury shall be presumed to be fraudulent.
8    (f) Any condition or impairment of health of an employee
9employed as a firefighter, emergency medical technician (EMT),
10or paramedic which results directly or indirectly from any
11bloodborne pathogen, lung or respiratory disease or condition,
12heart or vascular disease or condition, hypertension,
13tuberculosis, or cancer resulting in any disability
14(temporary, permanent, total, or partial) to the employee shall
15be rebuttably presumed to arise out of and in the course of the
16employee's firefighting, EMT, or paramedic employment and,
17further, shall be rebuttably presumed to be causally connected
18to the hazards or exposures of the employment. This presumption
19shall also apply to any hernia or hearing loss suffered by an
20employee employed as a firefighter, EMT, or paramedic. However,
21this presumption shall not apply to any employee who has been
22employed as a firefighter, EMT, or paramedic for less than 5
23years at the time he or she files an Application for Adjustment
24of Claim concerning this condition or impairment with the
25Illinois Workers' Compensation Commission. The Finding and
26Decision of the Illinois Workers' Compensation Commission

 

 

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1under only the rebuttable presumption provision of this
2subsection shall not be admissible or be deemed res judicata in
3any disability claim under the Illinois Pension Code arising
4out of the same medical condition; however, this sentence makes
5no change to the law set forth in Krohe v. City of Bloomington,
6204 Ill.2d 392.
7(Source: P.A. 95-316, eff. 1-1-08.)