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90_SB0583
820 ILCS 305/10 from Ch. 48, par. 138.10
Amends provisions of the Workers' Compensation Act
relating to the computation of the average weekly wage of an
employee whose employment prior to an injury extended over a
period of less than 52 weeks. Provides that the average
weekly wage is obtained by dividing the earnings during that
period by the number of weeks during which the employee
worked in whole or in part (rather than by dividing the
earnings during that period by the number of weeks and parts
of weeks during which the employee actually earned wages).
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1 AN ACT to amend the Workers' Compensation Act by changing
2 Section 10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Workers' Compensation Act is amended by
6 changing Section 10 as follows:
7 (820 ILCS 305/10) (from Ch. 48, par. 138.10)
8 Sec. 10. The basis for computing the compensation
9 provided for in Sections 7 and 8 of the Act shall be as
10 follows:
11 The compensation shall be computed on the basis of the
12 "Average weekly wage" which shall mean the actual earnings of
13 the employee in the employment in which he was working at the
14 time of the injury during the period of 52 weeks ending with
15 the last day of the employee's last full pay period
16 immediately preceding the date of injury, illness or
17 disablement excluding overtime, and bonus divided by 52; but
18 if the injured employee lost 5 or more calendar days during
19 such period, whether or not in the same week, then the
20 earnings for the remainder of such 52 weeks shall be divided
21 by the number of weeks and parts thereof remaining after the
22 time so lost has been deducted. Where the employment prior
23 to the injury extended over a period of less than 52 weeks,
24 the method of dividing the earnings during that period by the
25 number of weeks and parts thereof during which the employee
26 worked in whole or in part actually earned wages shall be
27 followed. Where by reason of the shortness of the time
28 during which the employee has been in the employment of his
29 employer or of the casual nature or terms of the employment,
30 it is impractical to compute the average weekly wages as
31 above defined, regard shall be had to the average weekly
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1 amount which during the 52 weeks previous to the injury,
2 illness or disablement was being or would have been earned by
3 a person in the same grade employed at the same work for each
4 of such 52 weeks for the same number of hours per week by the
5 same employer. In the case of volunteer firemen, police and
6 civil defense members or trainees, the income benefits shall
7 be based on the average weekly wage in their regular
8 employment. When the employee is working concurrently with
9 two or more employers and the respondent employer has
10 knowledge of such employment prior to the injury, his wages
11 from all such employers shall be considered as if earned from
12 the employer liable for compensation.
13 (Source: P.A. 81-1482.)