(820 ILCS 310/10) (from Ch. 48, par. 172.45)
Sec. 10.
The basis for computing the compensation provided for in Sections
7 and 8 of the Act shall be as follows:
(a) The compensation shall be computed on the basis of the annual
earnings which the person with a disability received as salary, wages or earnings if
in the employment of the same employer continuously during the year next
preceding the day of last exposure.
(b) Employment by the same employer shall be taken to mean employment by
the same employer in the grade in which the employee was employed at the
time of the last day of the last exposure, uninterrupted by absence from
work due to illness or any other unavoidable cause.
(c) If such person has not been engaged in the employment of the same
employer for the full year immediately preceding the last day of the last
exposure, the compensation shall be computed according to the annual
earnings which persons of the same class in the same employment and same
location, (or if that be impracticable, of neighboring employments of the
same kind) have earned during such period.
(d) As to employees in employments in which it is the custom to operate
throughout the working days of the year, the annual earnings, if not
otherwise determinable, shall be regarded as 300 times the average daily
earnings in such computation.
(e) As to employees in employments in which it is the custom to operate
for a part of the whole number of working days in each year, such number,
if the annual earnings are not otherwise determinable, shall be used
instead of 300 as a basis for computing the annual earnings, provided the
minimum number of days which shall be so used for the basis of the year's
work shall be not less than 200.
(f) In the case of injured employees who earn either no wage or less
than the earnings of adult day laborers in the same line of employment in
that locality, the yearly wage shall be reckoned according to the average
annual earnings of adults of the same class in the same (or if that is
impracticable, then of neighboring) employments.
(g) Earnings, for the purpose of this section, shall be based on the
earnings for the number of hours commonly regarded as a day's work for that
employment, and shall include overtime earnings. The earnings shall not
include any sum which the employer has been accustomed to pay the employee
to cover any special expense entailed on him by the nature of his
employment.
(h) In computing the compensation to be paid to any employee, who,
before the disablement for which he claims compensation, was a person with a disability and
drawing compensation under the terms of this Act, the compensation for
each subsequent disablement shall be apportioned according to the
proportion of incapacity and disability caused by the respective
disablements which he may have suffered.
(i) To determine the amount of compensation for each installment period,
the amount per annum shall be ascertained pursuant hereto, and such amount
divided by the number of installment periods per annum.
(Source: P.A. 99-143, eff. 7-27-15.)
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