Illinois General Assembly - Full Text of HB3556
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Full Text of HB3556  102nd General Assembly

HB3556 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3556

 

Introduced 2/22/2021, by Rep. Dan Ugaste

 

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

    Amends the Workers' Compensation Act. Provides that an injury arises out of and in the course of employment only if the accident significantly caused or contributed to both the resulting condition and the disability. Provides that an injury does not arise out of and in the course of employment if (1) the hazard or risk was not incidental to employment and was a hazard or risk to which the general public is also exposed, (2) the injury did not occur at a time and place and under circumstances reasonably required by the employment, or (3) the disability resulted from a personal risk. Limits conditions under which repetitive or cumulative trauma is compensable. Provides that gradual deterioration or progressive degeneration of the body caused by aging is not compensable as repetitive or cumulative trauma. Effective immediately.


LRB102 10876 JLS 16206 b

 

 

A BILL FOR

 

HB3556LRB102 10876 JLS 16206 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
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

 

 

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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
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

 

 

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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
10employees.
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) 1. To obtain compensation under this Act, an employee
9bears the burden of showing, by a preponderance of credible
10the evidence, that he or she has sustained accidental injuries
11arising out of and in the course of the employment.
12    Accidental injuries shall be considered to be "arising out
13of and in the course of employment" only if the accident
14significantly caused or contributed to both the resulting
15condition and disability.
16    Accidental injuries shall not be considered to be "arising
17out of and in the course of employment" if: (i) the accident
18resulted from a hazard or risk that was not incidental to the
19employment or the accident resulted from a hazard or risk to
20which the general public is also exposed; (ii) the accident
21did not occur at a time and place and under circumstances
22reasonably required by the employment; or (iii) the medical
23condition or disability for which compensation is being sought
24resulted from a personal risk.
25    2. An injury due to repetitive or cumulative trauma is
26compensable only if the repetitive or cumulative trauma

 

 

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1significantly caused or contributed to both the resulting
2medical condition and disability. Ordinary, gradual
3deterioration or progressive degeneration of the body caused
4by aging or by the normal activities of day-to-day living
5shall not be compensable.
6    If the duration of the repetitive or cumulative trauma
7which is found to be the cause of the injury is for a period of
8fewer than 3 months and the evidence demonstrates that the
9exposure to the repetitive or cumulative trauma with the
10immediate prior employer significantly caused or contributed
11to both the resulting medical condition and the disability,
12the prior employer shall be liable for the injury.
13    3. An injury, its occupational cause, and any resulting
14manifestations of disability must be established to a
15reasonable degree of medical certainty, based on objective
16relevant medical evidence.
17(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;
1897-813, eff. 7-13-12.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.