Illinois General Assembly - Full Text of HB2965
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Full Text of HB2965  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/19/2021, by Rep. Dan Ugaste


820 ILCS 305/1  from Ch. 48, par. 138.1

    Amends the Workers' Compensation Act concerning injuries sustained by employees during travel. Provides that accidental injuries sustained while traveling to or from work do not arise out of and in the course of employment, except under specified circumstances. Provides that the injury may arise out of and in the course of employment if, at the time of the injury, the employee was performing acts the employer instructed the employee to perform, acts that the employee had a common law or statutory duty to perform while performing duties for his employer, or acts that the employee might be reasonably expected to perform incident to his assigned duties. Effective immediately.

LRB102 10872 JLS 16202 b





HB2965LRB102 10872 JLS 16202 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 1 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
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



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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



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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
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



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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



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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



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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
7aliens, 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
11    3. Every sole proprietor and every partner of a business
12may elect to be covered by this Act.
13    An employee or his dependents under this Act who shall
14have a cause of action by reason of any injury, disablement or
15death arising out of and in the course of his employment may
16elect to pursue his remedy in the State where injured or
17disabled, or in the State where the contract of hire is made,
18or in the State where the employment is principally localized.
19    However, any employer may elect to provide and pay
20compensation to any employee other than those engaged in the
21usual course of the trade, business, profession or occupation
22of the employer by complying with Sections 2 and 4 of this Act.
23Employees are not included within the provisions of this Act
24when excluded by the laws of the United States relating to
25liability of employers to their employees for personal
26injuries where such laws are held to be exclusive.



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1    The term "employee" does not include persons performing
2services as real estate broker, broker-salesman, or salesman
3when such persons are paid by commission only.
4    (c) "Commission" means the Industrial Commission created
5by Section 5 of "The Civil Administrative Code of Illinois",
6approved March 7, 1917, as amended, or the Illinois Workers'
7Compensation Commission created by Section 13 of this Act.
8    (d) To obtain compensation under this Act, an employee
9bears the burden of showing, by a preponderance of the
10evidence, that he or she has sustained accidental injuries
11arising out of and in the course of the employment.
12    Except as provided in subsection (e), accidental injuries
13sustained while traveling to or from work do not arise out of
14and in the course of employment.
15    (e) An accidental injury arises out of and in the course of
16employment if it is sustained by an employee who is required by
17the employer to travel away from the employer's premises in
18order to perform his or her job and the conduct in which the
19employee was engaged at the time of the accidental injury was:
20(1) acts the employer instructed the employee to perform; (2)
21acts that the employee had a common law or statutory duty to
22perform while performing duties for his employer; or (3) acts
23that the employee might be reasonably expected to perform
24incident to his assigned duties.
25    Notwithstanding the foregoing, an accidental injury
26sustained by an employee while traveling away from the



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1employer's premises does not arise out of and in the course of
2employment if: (1) the accidental injury is sustained during
3the employee's commute to and from his or her domicile,
4residence, or place where the employee currently lives and his
5or her primary or current place of employment; (2) the
6accidental injury is sustained during a personal deviation or
7personal errand; (3) the accidental injury, or the medical
8condition or impairment for which compensation is sought,
9resulted from a personal risk.
10    In determining whether an employee is required to travel
11away from the employer's premises in order to perform his or
12her job, the following factors, shall be considered:
13        (1) whether the employee's course or method of travel
14    was determined by the demands and exigencies of the job;
15        (2) whether the employer reimbursed the employee for
16    travel expenses or time spent traveling; and
17        (3) whether the employer directed the employee's
18    travel or required the employee to take a certain route to
19    perform his or her duties.
20(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;
2197-813, eff. 7-13-12.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.