Full Text of HB1771 102nd General Assembly
HB1771 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1771 Introduced 2/17/2021, by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: |
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820 ILCS 305/1 | from Ch. 48, par. 138.1 |
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Amends the Workers' Compensation Act. Makes a technical change in a Section concerning the short title and definitions.
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Workers' Compensation Act is amended by | 5 | | changing 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 the Workers' | 8 | | Compensation Act.
| 9 | | (a) The term "employer" as used in this Act means:
| 10 | | 1. The State and each county, city, town, township, | 11 | | incorporated
village, school district, body politic, or | 12 | | municipal corporation
therein.
| 13 | | 2. Every person, firm, public or private corporation, | 14 | | including
hospitals, public service, eleemosynary, religious | 15 | | or charitable
corporations or associations who has any person | 16 | | in service or under any
contract for hire, express or implied, | 17 | | oral or written, and who is
engaged in any of the enterprises | 18 | | or businesses enumerated in Section 3
of this Act, or who at or | 19 | | prior to the time of the accident to the
employee for which | 20 | | compensation under this Act may be claimed, has in
the manner | 21 | | provided in this Act elected to become subject to the
| 22 | | provisions of this Act, and who has not, prior to such | 23 | | accident,
effected a withdrawal of such election in the manner |
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| 1 | | provided in this Act.
| 2 | | 3. Any one engaging in any business or enterprise referred | 3 | | to in
subsections 1 and 2 of Section 3 of this Act who | 4 | | undertakes to do any
work enumerated therein, is liable to pay | 5 | | compensation to his own
immediate employees in accordance with | 6 | | the provisions of this Act, and
in addition thereto if he | 7 | | directly or indirectly engages any contractor
whether | 8 | | principal or sub-contractor to do any such work, he is liable | 9 | | to
pay compensation to the employees of any such contractor or
| 10 | | sub-contractor unless such contractor or sub-contractor has | 11 | | insured, in
any company or association authorized under the | 12 | | laws of this State to
insure the liability to pay compensation | 13 | | under this Act, or guaranteed
his liability to pay such | 14 | | compensation. With respect to any time
limitation on the | 15 | | filing of claims provided by this Act, the timely
filing of a | 16 | | claim against a contractor or subcontractor, as the case may
| 17 | | be, shall be deemed to be a timely filing with respect to all | 18 | | persons
upon whom liability is imposed by this paragraph.
| 19 | | In the event any such person pays compensation under this | 20 | | subsection
he may recover the amount thereof from the | 21 | | contractor or sub-contractor,
if any, and in the event the | 22 | | contractor pays compensation under this
subsection he may | 23 | | recover the amount thereof from the sub-contractor, if any.
| 24 | | This subsection does not apply in any case where the | 25 | | accident occurs
elsewhere than on, in or about the immediate | 26 | | premises on which the
principal has contracted that the work |
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| 1 | | be done.
| 2 | | 4. Where an employer operating under and subject to the | 3 | | provisions
of this Act loans an employee to another such | 4 | | employer and such loaned
employee sustains a compensable | 5 | | accidental injury in the employment of
such borrowing employer | 6 | | and where such borrowing employer does not
provide or pay the | 7 | | benefits or payments due such injured employee, such
loaning | 8 | | employer is liable to provide or pay all benefits or payments
| 9 | | due such employee under this Act and as to such employee the | 10 | | liability
of such loaning and borrowing employers is joint and | 11 | | several, provided
that such loaning employer is in the absence | 12 | | of agreement to the
contrary entitled to receive from such | 13 | | borrowing employer full
reimbursement for all sums paid or | 14 | | incurred pursuant to this paragraph
together with reasonable | 15 | | attorneys' fees and expenses in any hearings
before the | 16 | | Illinois Workers' Compensation Commission or in any action to | 17 | | secure such
reimbursement. Where any benefit is provided or | 18 | | paid by such loaning
employer the employee has the duty of | 19 | | rendering reasonable cooperation
in any hearings, trials or | 20 | | proceedings in the case, including such
proceedings for | 21 | | reimbursement.
| 22 | | Where an employee files an Application for Adjustment of | 23 | | Claim with
the Illinois Workers' Compensation
Commission | 24 | | alleging that his claim is covered by the
provisions of the | 25 | | preceding paragraph, and joining both the alleged
loaning and | 26 | | borrowing employers, they and each of them, upon written
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| 1 | | demand by the employee and within 7 days after receipt of such | 2 | | demand,
shall have the duty of filing with the Illinois | 3 | | Workers' Compensation Commission a written
admission or denial | 4 | | of the allegation that the claim is covered by the
provisions | 5 | | of the preceding paragraph and in default of such filing or
if | 6 | | any such denial be ultimately determined not to have been bona | 7 | | fide
then the provisions of Paragraph K of Section 19 of this | 8 | | Act shall apply.
| 9 | | An employer whose business or enterprise or a substantial | 10 | | part
thereof consists of hiring, procuring or furnishing | 11 | | employees to or for
other employers operating under and | 12 | | subject to the provisions of this
Act for the performance of | 13 | | the work of such other employers and who pays
such employees | 14 | | their salary or wages notwithstanding that they are doing
the | 15 | | work of such other employers shall be deemed a loaning | 16 | | employer
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 | 19 | | members of
the General Assembly, members of the Commerce | 20 | | Commission, members of the
Illinois Workers' Compensation | 21 | | Commission, and all persons in the service of the University
| 22 | | of Illinois, county, including deputy sheriffs and assistant | 23 | | state's
attorneys, city, town, township, incorporated village | 24 | | or school
district, body politic, or municipal corporation | 25 | | therein, whether by
election, under appointment or contract of | 26 | | hire, express or implied,
oral or written, including all |
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| 1 | | members of the Illinois National Guard
while on active duty in | 2 | | the service of the State, and all probation
personnel of the | 3 | | Juvenile Court appointed pursuant to Article VI
of the | 4 | | Juvenile Court Act of 1987, and including any official of the
| 5 | | State, any county, city, town, township, incorporated village, | 6 | | school
district, body politic or municipal corporation therein | 7 | | except any duly
appointed member of a police department in any | 8 | | city whose
population exceeds 500,000 according to the last | 9 | | Federal or State
census, and except any member of a fire | 10 | | insurance patrol maintained by a
board of underwriters in this | 11 | | State. A duly appointed member of a fire
department in any | 12 | | city, the population of which exceeds 500,000 according
to the | 13 | | last federal or State census, is an employee under this Act | 14 | | only
with respect to claims brought under paragraph (c) of | 15 | | Section 8.
| 16 | | One employed by a contractor who has contracted with the | 17 | | State, or a
county, city, town, township, incorporated | 18 | | village, school district,
body politic or municipal | 19 | | corporation therein, through its
representatives, is not | 20 | | considered as an employee of the State, county,
city, town, | 21 | | township, incorporated village, school district, body
politic | 22 | | or municipal corporation which made the contract.
| 23 | | 2. Every person in the service of another under any | 24 | | contract of
hire, express or implied, oral or written, | 25 | | including persons whose
employment is outside of the State of | 26 | | Illinois where the contract of
hire is made within the State of |
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| 1 | | Illinois, persons whose employment
results in fatal or | 2 | | non-fatal injuries within the State of Illinois
where the | 3 | | contract of hire is made outside of the State of Illinois, and
| 4 | | persons whose employment is principally localized within the | 5 | | State of
Illinois, regardless of the place of the accident or | 6 | | the place where the
contract of hire was made, and including | 7 | | aliens, and minors who, for the
purpose of this Act are | 8 | | considered the same and have the same power to
contract, | 9 | | receive payments and give quittances therefor, as adult | 10 | | employees.
| 11 | | 3. Every sole proprietor and every partner of a business | 12 | | may elect to
be covered by this Act.
| 13 | | An employee or his dependents under this Act who shall | 14 | | have a cause
of action by reason of any injury, disablement or | 15 | | death arising out of
and in the course of his employment may | 16 | | elect to pursue his remedy in
the State where injured or | 17 | | disabled, or in the State where the contract
of hire is made, | 18 | | or in the State where the employment is principally
localized.
| 19 | | However, any employer may elect to provide and pay | 20 | | compensation to
any employee other than those engaged in the | 21 | | usual course of the trade,
business, profession or occupation | 22 | | of the employer by complying with
Sections 2 and 4 of this Act. | 23 | | Employees are not included within the
provisions of this Act | 24 | | when excluded by the laws of the United States
relating to | 25 | | liability of employers to their employees for personal
| 26 | | injuries where such laws are held to be exclusive.
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| 1 | | The term "employee" does not include persons performing | 2 | | services as real
estate broker, broker-salesman, or salesman | 3 | | when such persons are paid by
commission only.
| 4 | | (c) "Commission" means the Industrial Commission created | 5 | | by Section
5 of "The Civil Administrative Code of Illinois", | 6 | | approved March 7,
1917, as amended, or the Illinois Workers' | 7 | | Compensation Commission created by Section 13 of
this Act.
| 8 | | (d) To obtain compensation under this Act, an employee | 9 | | bears the burden of showing, by a preponderance of the | 10 | | evidence, that he or she has sustained accidental injuries | 11 | | arising out of and in the course of the employment. | 12 | | (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; | 13 | | 97-813, eff. 7-13-12.)
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