(820 ILCS 310/6) (from Ch. 48, par. 172.41)
Sec. 6. (a) Every employer operating under the compensation
provisions of this Act, shall post printed notices in their respective
places of employment in conspicuous places and in such number and at
such places as may be determined by the Commission, containing such
information relative to this Act as in the judgment of the Commission
may be necessary to aid employees to safeguard their rights under this Act.
In addition thereto, the employer shall post in a conspicuous place
on the premises of the employment a printed or typewritten notice
stating whether he is insured or whether he has qualified and is
operating as a self-insured employer. In the event the employer is
insured, the notice shall state the name and address of his or her insurance
carrier, the number of the insurance policy, its effective date and the
date of termination. In the event of the termination of the policy for
any reason prior to the termination date stated, the posted notice shall
promptly be corrected accordingly. In the event the employer is
operating as a self-insured employer the notice shall state the name and
address of the company, if any, servicing the compensation payments of
the employer, and the name and address of the person in charge of making
compensation payments.
(b) Every employer subject to this Act shall maintain accurate
records of work-related deaths, injuries and illnesses other than minor
injuries requiring only first aid treatment and which do not involve
medical treatment, loss of consciousness, restriction of work or motion
or transfer to another job and file with the Illinois Workers' Compensation Commission, in
writing, a report of all occupational diseases arising out of and in the
course of the employment and resulting in death, or disablement or
illness resulting in the loss of more than 3 scheduled work
days. In the case
of death such report shall be made no later than 2 working days
following the occupational death. In all other cases such report shall
be made between the 15th and 25th of each month unless required to be
made sooner by rule of the Illinois Workers' Compensation Commission. In case the
occupational disease results in permanent disability, a further report
shall be made as soon as it is determined that such permanent disability
has resulted or will result therefrom. All reports shall state the date
of the disablement, the nature of the employer's business, the name,
address, the age, sex, conjugal condition of the person with a disability, the
specific occupation of the person, the nature and character of the
occupational disease, the length of disability, and, in case of death,
the length of disability before death, the wages of the employee,
whether compensation has been paid to the employee, or to his legal
representative or his heirs or next of kin, the amount of compensation
paid, the amount paid for physicians', surgeons' and hospital bills, and
by whom paid, and the amount paid for funeral or burial expenses, if
known. The reports shall be made on forms and in the manner as
prescribed by the Illinois Workers' Compensation
Commission and shall contain such further
information as the Commission shall deem necessary and require. The
making of such reports releases the employer from making such reports to
any other officer of the State and shall satisfy the reporting
provisions as contained in the Safety Inspection and Education Act, the Health And Safety Act, and the Occupational Safety and Health Act. The report filed with the Illinois Workers' Compensation
Commission pursuant to the provisions of this Section shall be made
available by the Illinois Workers' Compensation Commission to the Director of Labor or his
representatives, to the Department of Public Health pursuant to the
Illinois Health and Hazardous Substances Registry Act, and to all other
departments of the State of Illinois which shall require such information
for the proper discharge of their official duties. Failure to file with
the Commission any of the reports required in this Section is a petty offense.
Except as provided in this paragraph, all reports filed hereunder shall
be confidential and any person
having access to such records filed with the Illinois Workers' Compensation Commission as
herein required, who shall release the names or otherwise identify any
persons sustaining injuries or disabilities, or gives access to such
information to any unauthorized person, shall be subject to discipline
or discharge, and in addition shall be guilty of a Class B misdemeanor.
The Commission shall compile and distribute to interested persons aggregate
statistics, taken from the reports filed hereunder. The aggregate statistics
shall not give the names or otherwise identify persons sustaining injuries
or disabilities or the employer of any injured person or person with a disability.
(c) There shall be given notice to the employer of disablement
arising from an occupational disease as soon as practicable after the
date of the disablement. If the Commission shall find that the failure
to give such notice substantially prejudices the rights of the employer
the Commission in its discretion may order that the right of the
employee to proceed under this Act shall be barred.
In case of legal disability of the employee or any dependent of a
deceased employee who may be entitled to compensation, under the
provisions of this Act, the limitations of time in this Section of this
Act provided shall not begin to run against such person who is under legal
disability until a conservator or guardian has been appointed. No defect or
inaccuracy of such notice shall be a bar to the maintenance of proceedings on
arbitration or otherwise by the employee unless the employer proves that
he or she is unduly prejudiced in such proceedings by such defect or
inaccuracy. Notice of the disabling disease may be given orally or in writing.
In any case, other than injury or death caused by exposure to radiological
materials or equipment or asbestos, unless application for compensation
is filed with the Commission within 3 years after the date of the
disablement, where no compensation has been paid, or within 2 years
after the date of the last payment of compensation, where any has been
paid, whichever shall be later, the right to file such application
shall be barred. If the occupational disease results in death,
application for compensation for death may be filed with the Commission
within 3 years after the date of death where no compensation has been
paid, or within 3 years after the last payment of compensation, where
any has been paid, whichever is later, but not thereafter.
Effective July 1, 1973 in cases of disability caused by coal miners
pneumoconiosis unless application for compensation is filed with the
Commission within 5 years after the employee was last exposed where no
compensation has been paid, or within 5 years after the last payment of
compensation where any has been paid, the right to file such application
shall be barred.
In cases of disability caused by exposure to radiological materials
or equipment or asbestos, unless application for compensation is filed with the
Commission within 25 years after the employee was so exposed, the right
to file such application shall be barred.
In cases of death occurring within 25 years from the last exposure to
radiological material or equipment or asbestos, application for compensation
must be filed within 3 years of death where no compensation has been paid, or
within 3 years, after the date of the last payment where any has been
paid, but not thereafter.
(d) Any contract or agreement made by any employer or his agent or
attorney with any employee or any other beneficiary of any claim under
the provisions of this Act within 7 days after the disablement shall be
presumed to be fraudulent.
(Source: P.A. 98-874, eff. 1-1-15; 99-143, eff. 7-27-15.)
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