Full Text of HB6226 096th General Assembly
HB6226 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6226
Introduced 2/11/2010, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
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820 ILCS 305/2 |
from Ch. 48, par. 138.2 |
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Amends the Workers' Compensation Act. Provides that a subcontractor under contract to a general contractor may elect to be covered under any policy of workers' compensation insurance insuring the contractor upon written agreement of the contractor, by filing written notice of the election, on a form prescribed by the Illinois Workers' Compensation Commission.
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A BILL FOR
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HB6226 |
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LRB096 18996 RLC 36628 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Workers' Compensation Act is amended by | 5 |
| changing Section 2 as follows:
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| (820 ILCS 305/2) (from Ch. 48, par. 138.2)
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| Sec. 2.
An employer in this State, who does not come within | 8 |
| the classes
enumerated by Section 3 of this Act, may elect to | 9 |
| provide and pay
compensation for accidental injuries sustained | 10 |
| by himself or any employee,
arising out
of and in the course of | 11 |
| the employment according to the provisions of this
Act, and | 12 |
| thereby relieve himself from any liability for the recovery of
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| damages, except as herein provided. The State of Illinois | 14 |
| hereby elects to
provide and pay compensation according to the | 15 |
| provisions of this Act.
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| (a) Election by any employer to provide and pay | 17 |
| compensation according
to the provisions of this Act shall be | 18 |
| made by the employer filing notice
of such election with the | 19 |
| Commission, or by insuring his liability to pay
compensation | 20 |
| under this Act in some insurance carrier authorized, licensed
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| or permitted to do such insurance business in this State.
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| (b) Every employer within the provisions of this Act who | 23 |
| has elected to
provide and pay compensation according to the |
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HB6226 |
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LRB096 18996 RLC 36628 b |
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| provisions of this Act by
filing notice of such election with | 2 |
| the Commission, shall be bound thereby
as to all his employees | 3 |
| until January 1st of the next succeeding year and
for terms of | 4 |
| each year thereafter.
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| Any such employer who may have once elected, may elect not | 6 |
| to provide
and pay the compensation herein provided for | 7 |
| accidents resulting in either
injury or death and occurring | 8 |
| after the expiration of any such calendar
year by filing notice | 9 |
| of such election with the Commission at least 60 days
prior to | 10 |
| the expiration of any such calendar year, and by posting such
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| notice at a conspicuous place in the plant, shop, office, room | 12 |
| or place
where such employee is employed, or by personal | 13 |
| service, in written or
printed form, upon such employees, at | 14 |
| least 60 days prior to the expiration
of any such calendar | 15 |
| year.
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| Every employer within the provisions of this Act who has | 17 |
| elected to
provide and pay compensation according to the | 18 |
| provisions of this Act by
insuring his liability to pay | 19 |
| compensation under this Act, as above
provided, shall be bound | 20 |
| thereby as to all his employees until the date of
expiration or | 21 |
| cancellation of such policy of insurance, or any renewal
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| thereof.
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| (c) In the event any employer mentioned in this section, | 24 |
| elects to
provide and pay the compensation provided in this | 25 |
| Act, then every employee
of such employer, as a part of his | 26 |
| contract of hiring or who may be
employed at the time of the |
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HB6226 |
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LRB096 18996 RLC 36628 b |
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| taking effect of this Act and the acceptance of
its provisions | 2 |
| by such employer, shall be deemed to have accepted all the
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| provisions of this Act and shall be bound thereby unless within | 4 |
| 30 days
after such hiring or after the taking effect of this | 5 |
| Act, and its
acceptance by such employee, he shall file a | 6 |
| notice to the contrary with
the Commission, whose duty it shall | 7 |
| be to immediately notify the employer,
and until such notice to | 8 |
| the contrary is given to the employer, the measure
of liability | 9 |
| of such employer shall be determined according to the
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| compensation provisions of this Act.
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| However, any employee may withdraw from the operation of | 12 |
| this Act,
except those under Section 3, upon filing a written | 13 |
| notice of withdrawal at
least 10 days prior to January 1st of | 14 |
| any year with the Commission, whose
duty it shall be to | 15 |
| immediately notify such employer by registered mail,
and, until | 16 |
| such notice to the contrary is given to such employer, the
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| measure of liability of such employer shall be determined | 18 |
| according to the
compensation provisions of this Act.
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| (d) Any such employer or employee may, without prejudice to | 20 |
| any existing
right or claim withdraw his election to reject | 21 |
| this Act by giving 30 days'
written notice in such manner and | 22 |
| form as may be provided by the
Commission.
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| (e) A subcontractor under contract to a general contractor | 24 |
| may elect to be covered under any policy of workers' | 25 |
| compensation insurance insuring the contractor upon written | 26 |
| agreement of the contractor, by filing written notice of the |
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HB6226 |
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LRB096 18996 RLC 36628 b |
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| election, on a form prescribed by the Commission. It is the | 2 |
| responsibility of the general contractor to file the written | 3 |
| notice with the Commission. Failure of the general contractor | 4 |
| to file the written notice shall not operate to relieve or | 5 |
| alter the obligation of an insurance company to provide | 6 |
| coverage to a subcontractor when the subcontractor can produce | 7 |
| evidence of payment of premiums to the insurance company for | 8 |
| the coverage. The election shall in no way terminate or affect | 9 |
| the independent contractor status of the subcontractor for any | 10 |
| other purpose than to permit workers' compensation coverage. | 11 |
| The election of coverage may be terminated by the subcontractor | 12 |
| or general contractor by providing written notice of the | 13 |
| termination to the Commission and to all other parties | 14 |
| consenting to the prior election. The termination shall be | 15 |
| effective 30 days from the date of the notice to all other | 16 |
| parties consenting to the prior election and to the Commission. | 17 |
| (Source: P.A. 83-190.)
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