Full Text of HB2607 97th General Assembly
HB2607ham001 97TH GENERAL ASSEMBLY | Rep. Dwight Kay Filed: 3/29/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2607
| 2 | | AMENDMENT NO. ______. Amend House Bill 2607 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as Uhl's Law. | 5 | | Section 5. The Workers' Compensation Act is amended by | 6 | | changing Section 1 as follows:
| 7 | | (820 ILCS 305/1) (from Ch. 48, par. 138.1)
| 8 | | Sec. 1. This Act may be cited as the Workers' Compensation | 9 | | Act.
| 10 | | (a) The term "employer" as used in this Act means:
| 11 | | 1. The State and each county, city, town, township, | 12 | | incorporated
village, school district, body politic, or | 13 | | municipal corporation
therein.
| 14 | | 2. Every person, firm, public or private corporation, | 15 | | including
hospitals, public service, eleemosynary, religious |
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| 1 | | or charitable
corporations or associations who has any person | 2 | | in service or under any
contract for hire, express or implied, | 3 | | oral or written, and who is
engaged in any of the enterprises | 4 | | or businesses enumerated in Section 3
of this Act, or who at or | 5 | | prior to the time of the accident to the
employee for which | 6 | | compensation under this Act may be claimed, has in
the manner | 7 | | provided in this Act elected to become subject to the
| 8 | | provisions of this Act, and who has not, prior to such | 9 | | accident,
effected a withdrawal of such election in the manner | 10 | | provided in this Act.
| 11 | | 3. Any one engaging in any business or enterprise referred | 12 | | to in
subsections 1 and 2 of Section 3 of this Act who | 13 | | undertakes to do any
work enumerated therein, is liable to pay | 14 | | compensation to his own
immediate employees in accordance with | 15 | | the provisions of this Act, and
in addition thereto if he | 16 | | directly or indirectly engages any contractor
whether | 17 | | principal or sub-contractor to do any such work, he is liable | 18 | | to
pay compensation to the employees of any such contractor or
| 19 | | sub-contractor unless such contractor or sub-contractor has | 20 | | insured, in
any company or association authorized under the | 21 | | laws of this State to
insure the liability to pay compensation | 22 | | under this Act, or guaranteed
his liability to pay such | 23 | | compensation. With respect to any time
limitation on the filing | 24 | | of claims provided by this Act, the timely
filing of a claim | 25 | | against a contractor or subcontractor, as the case may
be, | 26 | | shall be deemed to be a timely filing with respect to all |
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| 1 | | persons
upon whom liability is imposed by this paragraph.
| 2 | | In the event any such person pays compensation under this | 3 | | subsection
he may recover the amount thereof from the | 4 | | contractor or sub-contractor,
if any, and in the event the | 5 | | contractor pays compensation under this
subsection he may | 6 | | recover the amount thereof from the sub-contractor, if any.
| 7 | | This subsection does not apply in any case where the | 8 | | accident occurs
elsewhere than on, in or about the immediate | 9 | | premises on which the
principal has contracted that the work be | 10 | | done.
| 11 | | 4. Where an employer operating under and subject to the | 12 | | provisions
of this Act loans an employee to another such | 13 | | employer and such loaned
employee sustains a compensable | 14 | | accidental injury in the employment of
such borrowing employer | 15 | | and where such borrowing employer does not
provide or pay the | 16 | | benefits or payments due such injured employee, such
loaning | 17 | | employer is liable to provide or pay all benefits or payments
| 18 | | due such employee under this Act and as to such employee the | 19 | | liability
of such loaning and borrowing employers is joint and | 20 | | several, provided
that such loaning employer is in the absence | 21 | | of agreement to the
contrary entitled to receive from such | 22 | | borrowing employer full
reimbursement for all sums paid or | 23 | | incurred pursuant to this paragraph
together with reasonable | 24 | | attorneys' fees and expenses in any hearings
before the | 25 | | Illinois Workers' Compensation Commission or in any action to | 26 | | secure such
reimbursement. Where any benefit is provided or |
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| 1 | | paid by such loaning
employer the employee has the duty of | 2 | | rendering reasonable cooperation
in any hearings, trials or | 3 | | proceedings in the case, including such
proceedings for | 4 | | reimbursement.
| 5 | | Where an employee files an Application for Adjustment of | 6 | | Claim with
the Illinois Workers' Compensation
Commission | 7 | | alleging that his claim is covered by the
provisions of the | 8 | | preceding paragraph, and joining both the alleged
loaning and | 9 | | borrowing employers, they and each of them, upon written
demand | 10 | | by the employee and within 7 days after receipt of such demand,
| 11 | | shall have the duty of filing with the Illinois Workers' | 12 | | Compensation Commission a written
admission or denial of the | 13 | | allegation that the claim is covered by the
provisions of the | 14 | | preceding paragraph and in default of such filing or
if any | 15 | | such denial be ultimately determined not to have been bona fide
| 16 | | then the provisions of Paragraph K of Section 19 of this Act | 17 | | shall apply.
| 18 | | An employer whose business or enterprise or a substantial | 19 | | part
thereof consists of hiring, procuring or furnishing | 20 | | employees to or for
other employers operating under and subject | 21 | | to the provisions of this
Act for the performance of the work | 22 | | of such other employers and who pays
such employees their | 23 | | salary or wages notwithstanding that they are doing
the work of | 24 | | such other employers shall be deemed a loaning employer
within | 25 | | the meaning and provisions of this Section.
| 26 | | (b) The term "employee" as used in this Act means:
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| 1 | | 1. Every person in the service of the State, including | 2 | | members of
the General Assembly, members of the Commerce | 3 | | Commission, members of the
Illinois Workers' Compensation | 4 | | Commission, and all persons in the service of the University
of | 5 | | Illinois, county, including deputy sheriffs and assistant | 6 | | state's
attorneys, city, town, township, incorporated village | 7 | | or school
district, body politic, or municipal corporation | 8 | | therein, whether by
election, under appointment or contract of | 9 | | hire, express or implied,
oral or written, including all | 10 | | members of the Illinois National Guard
while on active duty in | 11 | | the service of the State, and all probation
personnel of the | 12 | | Juvenile Court appointed pursuant to Article VI
of the Juvenile | 13 | | Court Act of 1987, and including any official of the
State, any | 14 | | county, city, town, township, incorporated village, school
| 15 | | district, body politic or municipal corporation therein except | 16 | | any duly
appointed member of a police department in any city | 17 | | whose
population exceeds 200,000 according to the last Federal | 18 | | or State
census, and except any member of a fire insurance | 19 | | patrol maintained by a
board of underwriters in this State. A | 20 | | duly appointed member of a fire
department in any city, the | 21 | | population of which exceeds 200,000 according
to the last | 22 | | federal or State census, is an employee under this Act only
| 23 | | with respect to claims brought under paragraph (c) of Section | 24 | | 8.
| 25 | | One employed by a contractor who has contracted with the | 26 | | State, or a
county, city, town, township, incorporated village, |
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| 1 | | school district,
body politic or municipal corporation | 2 | | therein, through its
representatives, is not considered as an | 3 | | employee of the State, county,
city, town, township, | 4 | | incorporated village, school district, body
politic or | 5 | | municipal corporation which made the contract.
| 6 | | 2. Every person in the service of another under any | 7 | | contract of
hire, express or implied, oral or written, | 8 | | including persons whose
employment is outside of the State of | 9 | | Illinois where the contract of
hire is made within the State of | 10 | | Illinois, persons whose employment
results in fatal or | 11 | | non-fatal injuries within the State of Illinois
where the | 12 | | contract of hire is made outside of the State of Illinois, and
| 13 | | persons whose employment is principally localized within the | 14 | | State of
Illinois, regardless of the place of the accident or | 15 | | the place where the
contract of hire was made, and including | 16 | | aliens, and minors who, for the
purpose of this Act are | 17 | | considered the same and have the same power to
contract, | 18 | | receive payments and give quittances therefor, as adult | 19 | | employees.
| 20 | | 3. Every sole proprietor and every partner of a business | 21 | | may elect to
be covered by this Act.
| 22 | | An employee or his dependents under this Act who shall have | 23 | | a cause
of action by reason of any injury, disablement or death | 24 | | arising out of
and in the course of his employment may elect to | 25 | | pursue his remedy in
the State where injured or disabled, or in | 26 | | the State where the contract
of hire is made, or in the State |
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| 1 | | where the employment is principally
localized.
| 2 | | However, any employer may elect to provide and pay | 3 | | compensation to
any employee other than those engaged in the | 4 | | usual course of the trade,
business, profession or occupation | 5 | | of the employer by complying with
Sections 2 and 4 of this Act. | 6 | | Employees are not included within the
provisions of this Act | 7 | | when excluded by the laws of the United States
relating to | 8 | | liability of employers to their employees for personal
injuries | 9 | | where such laws are held to be exclusive.
| 10 | | The term "employee" does not include persons performing | 11 | | services as real
estate broker, broker-salesman, or salesman | 12 | | when such persons are paid by
commission only. | 13 | | The term "employee" does not include a person with a cause | 14 | | of action by reason of any injury, disablement, or death | 15 | | arising out of and in the course of his or her employment when | 16 | | that injury, disablement, or death occurred during and as a | 17 | | proximate result of his or her commission of a felony.
| 18 | | (c) "Commission" means the Industrial Commission created | 19 | | by Section
5 of "The Civil Administrative Code of Illinois", | 20 | | approved March 7,
1917, as amended, or the Illinois Workers' | 21 | | Compensation Commission created by Section 13 of
this Act.
| 22 | | (Source: P.A. 93-721, eff. 1-1-05.)".
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