Full Text of HB2480 101st General Assembly
HB2480ham002 101ST GENERAL ASSEMBLY | Rep. Marcus C. Evans, Jr. Filed: 4/8/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2480
| 2 | | AMENDMENT NO. ______. Amend House Bill 2480 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Workers' Compensation Act is amended by | 5 | | changing 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 | 8 | | Act, shall,
under the rules and regulations prescribed by the | 9 | | Commission, post
printed notices in their respective places of | 10 | | employment in such number
and at such places as may be | 11 | | determined by the Commission, containing
such information | 12 | | relative to this Act as in the judgment of the
Commission may | 13 | | be necessary to aid employees to safeguard their rights
under | 14 | | this Act in event of injury.
| 15 | | In addition thereto, the employer shall post in a | 16 | | conspicuous place
on the place of the employment a printed or |
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| 1 | | typewritten notice stating
whether he is insured or whether he | 2 | | has qualified and is operating as a
self-insured employer. In | 3 | | the event the employer is insured, the notice
shall state the | 4 | | name and address of his insurance carrier, the number of
the | 5 | | insurance policy, its effective date and the date of | 6 | | termination. In
the event of the termination of the policy for | 7 | | any reason prior to the
termination date stated, the posted | 8 | | notice shall promptly be corrected
accordingly. In the event | 9 | | the employer is operating as a self-insured
employer the notice | 10 | | shall state the name and address of the company, if
any, | 11 | | servicing the compensation payments of the employer, and the | 12 | | name
and address of the person in charge of making compensation | 13 | | payments.
| 14 | | (b) Every employer subject to this Act shall maintain | 15 | | accurate
records of work-related deaths, injuries and illness | 16 | | other than minor
injuries requiring only first aid treatment | 17 | | and which do not involve
medical treatment, loss of | 18 | | consciousness, restriction of work or motion,
or transfer to | 19 | | another job and file with the Commission, in writing, a
report | 20 | | of all accidental deaths, injuries and illnesses arising out of
| 21 | | and in the course of the employment resulting in the loss of | 22 | | more than
3 scheduled work days. In the case of death such | 23 | | report shall be
made no later than 2 working days following the | 24 | | accidental death. In
all other cases such report shall be made | 25 | | between the 15th and 25th of
each month unless required to be | 26 | | made sooner by rule of the Commission.
In case the injury |
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| 1 | | results in permanent disability, a further report
shall be made | 2 | | as soon as it is determined that such permanent disability
has | 3 | | resulted or will result from the injury. All reports shall | 4 | | state
the date of the injury, including the time of day or | 5 | | night, the nature
of the employer's business, the name, | 6 | | address, age, sex, conjugal
condition of the injured person, | 7 | | the specific occupation of the injured
person, the direct cause | 8 | | of the injury and the nature of the accident,
the character of | 9 | | the injury, the length of disability, and in case of
death the | 10 | | length of disability before death, the wages of the injured
| 11 | | person, whether compensation has been paid to the injured | 12 | | person, or to
his or her legal representative or his heirs or | 13 | | next of kin, the amount of
compensation paid, the amount paid | 14 | | for physicians', surgeons' and
hospital bills, and by whom | 15 | | paid, and the amount paid for funeral or
burial expenses if | 16 | | known. The reports shall be made on forms and in the
manner as | 17 | | prescribed by the Commission and shall contain such further
| 18 | | information as the Commission shall deem necessary and require. | 19 | | The
making of these reports releases the employer from making | 20 | | such reports
to any other officer of the State and shall | 21 | | satisfy the reporting
provisions as contained in the Safety | 22 | | Inspection and Education Act, the Health and Safety Act, and | 23 | | the Occupational Safety and Health Act. The reports filed with | 24 | | the
Commission pursuant to this Section shall be made available | 25 | | by the
Commission to the Director of Labor or his | 26 | | representatives and to all
other departments of the State of |
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| 1 | | Illinois which shall require such
information for the proper | 2 | | discharge of their official duties. Failure
to file with the | 3 | | Commission any of the reports required in this Section
is a | 4 | | petty offense.
| 5 | | Except as provided in this paragraph, all reports filed | 6 | | hereunder shall
be confidential and any person
having access to | 7 | | such records filed with the Illinois Workers' Compensation | 8 | | Commission as
herein required, who shall release any | 9 | | information therein contained
including the names or otherwise | 10 | | identify any persons sustaining
injuries or disabilities, or | 11 | | give access to such information to any
unauthorized person, | 12 | | shall be subject to discipline or discharge, and in
addition | 13 | | shall be guilty of a Class B misdemeanor. The Commission shall
| 14 | | compile and distribute to interested persons aggregate | 15 | | statistics, taken
from the reports filed hereunder. The | 16 | | aggregate statistics shall not give
the names or otherwise | 17 | | identify persons sustaining injuries or disabilities
or the | 18 | | employer of any injured person or person with a disability.
| 19 | | (c) Notice of the accident shall be given to the employer | 20 | | as soon as
practicable, but not later than 45 days after the | 21 | | accident. Provided:
| 22 | | (1) In case of the legal disability of the employee
or | 23 | | any dependent of a
deceased employee who may be entitled to | 24 | | compensation under the
provisions of this Act, the | 25 | | limitations of time by this Act provided do
not begin to | 26 | | run against such person under legal disability
until a
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| 1 | | guardian has been appointed.
| 2 | | (2) In cases of injuries sustained by exposure to | 3 | | radiological
materials or equipment, notice shall be given | 4 | | to the employer within 90
days subsequent to the time that | 5 | | the employee knows or suspects that he
has received an | 6 | | excessive dose of radiation.
| 7 | | No defect or inaccuracy of such notice shall be a bar to | 8 | | the
maintenance of proceedings on arbitration or otherwise by | 9 | | the employee
unless the employer proves that he is unduly | 10 | | prejudiced in such
proceedings by such defect or inaccuracy.
| 11 | | Notice of the accident shall give the approximate date and | 12 | | place of
the accident, if known, and may be given orally or in | 13 | | writing.
| 14 | | (d) Every employer shall notify each injured employee who | 15 | | has been
granted compensation under the provisions of Section 8 | 16 | | of this Act
of his rights to rehabilitation services and advise | 17 | | him of the locations
of available public rehabilitation centers | 18 | | and any other such services
of which the employer has | 19 | | knowledge.
| 20 | | In any case, other than one where the injury was caused by | 21 | | exposure
to radiological materials or equipment or asbestos | 22 | | unless the application for
compensation is filed with the | 23 | | Commission within 3 years after the date
of the accident, where | 24 | | no compensation has been paid, or within 2 years
after the date | 25 | | of the last payment of compensation, where any has been
paid, | 26 | | whichever shall be later, the right to file such application |
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| 1 | | shall
be barred.
| 2 | | In any case of injury caused by exposure to radiological | 3 | | materials or
equipment or asbestos, unless application for | 4 | | compensation is filed with the
Commission within 25 years after | 5 | | the last day that the employee was
employed in an environment | 6 | | of hazardous radiological activity or asbestos,
the right to | 7 | | file such application shall be barred.
| 8 | | If in any case except one where the injury was caused by | 9 | | exposure to
radiological materials or equipment or asbestos, | 10 | | the accidental injury
results in death application for | 11 | | compensation for death may be filed with the
Commission within | 12 | | 3 years after the date of death where no compensation
has been | 13 | | paid or within 2 years after the date of the last payment of
| 14 | | compensation where any has been paid, whichever shall be later, | 15 | | but not
thereafter.
| 16 | | If an accidental injury caused by exposure to radiological | 17 | | material
or equipment or asbestos results in death within 25 | 18 | | years after the last
day that the employee was so exposed | 19 | | application for compensation for death may
be filed with the | 20 | | Commission within 3 years after the date of death,
where no | 21 | | compensation has been paid, or within 2 years after the date of
| 22 | | the last payment of compensation where any has been paid, | 23 | | whichever
shall be later, but not thereafter.
| 24 | | (e) Any contract or agreement made by any employer or his | 25 | | agent or
attorney with any employee or any other beneficiary of | 26 | | any claim under
the provisions of this Act within 7 days after |
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| 1 | | the injury shall be
presumed to be fraudulent.
| 2 | | (f) Any condition or impairment of health of an employee | 3 | | employed as a
firefighter, emergency medical technician (EMT), | 4 | | emergency medical technician-intermediate (EMT-I), advanced | 5 | | emergency medical technician (A-EMT), or paramedic which | 6 | | results
directly or indirectly from any bloodborne pathogen, | 7 | | contagious staph infection, including Methicillin-resistant | 8 | | Staphylococcus aureus (MRSA), lung or respiratory
disease
or | 9 | | condition, heart
or vascular disease or condition, | 10 | | hypertension, tuberculosis, or cancer
resulting in any | 11 | | disability (temporary, permanent, total, or partial) to the
| 12 | | employee shall be rebuttably presumed to arise out of and in | 13 | | the course of
the employee's firefighting, EMT, or paramedic | 14 | | employment and, further, shall
be
rebuttably presumed to be | 15 | | causally connected to the hazards or exposures of
the | 16 | | employment. This presumption shall also apply to any hernia or | 17 | | hearing
loss suffered by an employee employed as a firefighter, | 18 | | EMT, EMT-I, A-EMT, or paramedic.
However, this presumption | 19 | | shall not apply to any employee who has been employed
as a | 20 | | firefighter, EMT, or paramedic for less than 5 years at the | 21 | | time he or she files an Application for Adjustment of Claim | 22 | | concerning this condition or impairment with the Illinois | 23 | | Workers' Compensation Commission. The rebuttable presumption | 24 | | established under this subsection, however, does not apply to | 25 | | an emergency medical technician (EMT), emergency medical | 26 | | technician-intermediate (EMT-I), advanced emergency medical |
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| 1 | | technician (A-EMT), or paramedic employed by a private employer | 2 | | if the employee spends the preponderance of his or her work | 3 | | time for that employer engaged in medical transfers between | 4 | | medical care facilities or non-emergency medical transfers to | 5 | | or from medical care facilities. The changes made to this | 6 | | subsection by Public Act 98-291 shall be narrowly construed. | 7 | | The Finding and Decision of the Illinois Workers' Compensation | 8 | | Commission under only the rebuttable presumption provision of | 9 | | this subsection shall not be admissible or be deemed res | 10 | | judicata in any disability claim under the Illinois Pension | 11 | | Code arising out of the same medical condition; however, this | 12 | | sentence makes no change to the law set forth in Krohe v. City | 13 | | of Bloomington, 204 Ill.2d 392.
| 14 | | (Source: P.A. 98-291, eff. 1-1-14; 98-874, eff. 1-1-15; 98-973, | 15 | | eff. 8-15-14; 99-78, eff. 7-20-15; 99-143, eff. 7-27-15.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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