State of Illinois
92nd General Assembly
Legislation

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92_HB3619

 
                                               LRB9205947WHcs

 1        AN ACT concerning workers' compensation.

 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 7 as follows:

 6        (820 ILCS 305/7) (from Ch. 48, par. 138.7)
 7        Sec. 7. The amount of compensation which  shall  be  paid
 8    for  an  accidental injury to the employee resulting in death
 9    is:
10        (a)  If the employee leaves surviving a  widow,  widower,
11    child  or  children,  the applicable weekly compensation rate
12    computed in accordance with subparagraph 2 of paragraph   (b)
13    of  Section  8, shall be payable during the life of the widow
14    or widower and if any surviving child or children  shall  not
15    be  physically or mentally incapacitated then until the death
16    of the widow or widower or until  the  youngest  child  shall
17    reach  the  age  of  18, whichever shall come later; provided
18    that if such child or children shall be enrolled  as  a  full
19    time  student  in any accredited educational institution, the
20    payments shall continue until such child has attained the age
21    of 25.  In the event any surviving child or children shall be
22    physically or  mentally  incapacitated,  the  payments  shall
23    continue for the duration of such incapacity.
24        The term "child" means a child whom the deceased employee
25    left surviving, including a posthumous child, a child legally
26    adopted,  a  child  whom  the  deceased  employee was legally
27    obligated to support or a child to whom the deceased employee
28    stood in loco parentis.  The term "children" means the plural
29    of "child".
30        The term "physically or mentally incapacitated  child  or
31    children"  means a child or children incapable of engaging in
 
                            -2-                LRB9205947WHcs
 1    regular and substantial gainful employment.
 2        In the event of the remarriage of  a  widow  or  widower,
 3    where  the  decedent  did  not  leave  surviving any child or
 4    children who, at the time of such remarriage, are entitled to
 5    compensation benefits under this Act,  the  surviving  spouse
 6    shall  be  paid  a  lump  sum  equal  to 2 years compensation
 7    benefits and all further rights  of  such  widow  or  widower
 8    shall be extinguished.
 9        If  the  employee  leaves surviving any child or children
10    under 18 years of age who at  the  time  of  death  shall  be
11    entitled  to  compensation  under  this paragraph (a) of this
12    Section, the weekly compensation payments herein provided for
13    such child or children shall in  any  event  continue  for  a
14    period of not less than 6 years.
15        Any  beneficiary  entitled  to  compensation  under  this
16    paragraph  (a) of this Section shall receive from the special
17    fund provided in paragraph (f) of this Section,  in  addition
18    to the compensation herein provided, supplemental benefits in
19    accordance with paragraph (g) of Section 8.
20        (b)  If no compensation is payable under paragraph (a) of
21    this  Section  and  the employee leaves surviving a parent or
22    parents  who  at  the  time  of  the  accident  were  totally
23    dependent upon the  earnings  of  the  employee  then  weekly
24    payments  equal  to the compensation rate payable in the case
25    where the employee leaves surviving a widow or widower, shall
26    be paid to such parent or parents for the duration  of  their
27    lives,  and in the event of the death of either, for the life
28    of the survivor.
29        (c)  If no compensation is payable under  paragraphs  (a)
30    or  (b) of this Section and the employee leaves surviving any
31    child or children who are not entitled to compensation  under
32    the  foregoing  paragraph  (a)  but  who  at  the time of the
33    accident were nevertheless in any manner dependent  upon  the
34    earnings  of  the  employee,  or leaves surviving a parent or
 
                            -3-                LRB9205947WHcs
 1    parents who at  the  time  of  the  accident  were  partially
 2    dependent upon the earnings of the employee, then there shall
 3    be  paid  to  such  dependent or dependents for a period of 8
 4    years weekly compensation payments at such proportion of  the
 5    applicable rate if the employee had left surviving a widow or
 6    widower as such dependency bears to total dependency.  In the
 7    event  of the death of any such beneficiary the share of such
 8    beneficiary shall be  divided  equally  among  the  surviving
 9    beneficiaries  and in the event of the death of the last such
10    beneficiary  all  the  rights  under  this paragraph shall be
11    extinguished.
12        (d)  If no compensation is payable under paragraphs  (a),
13    (b)  or (c) of this Section and the employee leaves surviving
14    any grandparent, grandparents, grandchild or grandchildren or
15    collateral heirs dependent upon the  employee's  earnings  to
16    the  extent  of  50%  or more of total dependency, then there
17    shall be paid to such dependent or dependents for a period of
18    5 years weekly compensation payments at  such  proportion  of
19    the  applicable  rate  if  the  employee had left surviving a
20    widow  or  widower  as  such  dependency   bears   to   total
21    dependency.    In   the  event  of  the  death  of  any  such
22    beneficiary the share of such beneficiary  shall  be  divided
23    equally among the surviving beneficiaries and in the event of
24    the  death  of the last such beneficiary all rights hereunder
25    shall be extinguished.
26        (e)  The compensation to be paid  for  accidental  injury
27    which results in death, as provided in this Section, shall be
28    paid  to  the  persons who form the basis for determining the
29    amount of compensation  to  be  paid  by  the  employer,  the
30    respective shares to be in the proportion of their respective
31    dependency at the time of the accident on the earnings of the
32    deceased.   The  Commission  or an Arbitrator thereof may, in
33    its or his discretion, order or  award  the  payment  to  the
34    parent or grandparent of a child for the latter's support the
 
                            -4-                LRB9205947WHcs
 1    amount  of  compensation  which  but  for such order or award
 2    would have been paid to  such  child  as  its  share  of  the
 3    compensation  payable,  which  order or award may be modified
 4    from time to time by the Commission in  its  discretion  with
 5    respect to the person to whom shall be paid the amount of the
 6    order   or   award  remaining  unpaid  at  the  time  of  the
 7    modification.
 8        The  payments  of  compensation  by   the   employer   in
 9    accordance   with  the  order  or  award  of  the  Commission
10    discharges such employer from all further  obligation  as  to
11    such compensation.
12        (f)  The  sum  of $4200 for burial expenses shall be paid
13    by the employer to the widow  or  widower,  other  dependent,
14    next of kin or to the person or persons incurring the expense
15    of burial.
16        In  the  event  the  employer failed to provide necessary
17    first aid, medical, surgical or hospital  service,  he  shall
18    pay  the  cost  thereof  to the person or persons entitled to
19    compensation under paragraphs (a), (b), (c) or  (d)  of  this
20    Section, or to the person or persons incurring the obligation
21    therefore, or providing the same.
22        On  January  15  and July 15, 1981, and on January 15 and
23    July 15 of each year thereafter the employer shall within  60
24    days  pay  a  sum  equal  to  1/8  of  1% of all compensation
25    payments made by him after July 1, 1980,  either  under  this
26    Act  or  the  Workers'  Occupational Diseases Act, whether by
27    lump sum settlement or weekly compensation payments, but  not
28    including hospital, surgical or rehabilitation payments, made
29    during  the  first  6  months  and during the second 6 months
30    respectively of the fiscal year next preceding  the  date  of
31    the  payments,  into a special fund which shall be designated
32    the "Second Injury Fund", of which  the  State  Treasurer  is
33    ex-officio  custodian,  such  special  fund  to  be  held and
34    disbursed for the purposes hereinafter stated  in  paragraphs
 
                            -5-                LRB9205947WHcs
 1    (f)  and  (g)  of  Section  8,  either  upon the order of the
 2    Commission or of a competent court.  Said special fund  shall
 3    be  deposited  the  same  as are State funds and any interest
 4    accruing thereon shall be added thereto every 6  months.   It
 5    is  subject to audit the same as State funds and accounts and
 6    is  protected  by  the  General  bond  given  by  the   State
 7    Treasurer.   It  is  considered  always  appropriated for the
 8    purposes of disbursements as provided in Section 8, paragraph
 9    (f), of this Act, and shall be  paid  out  and  disbursed  as
10    therein provided and shall not at any time be appropriated or
11    diverted to any other use or purpose.
12        On January 15, 1991, the employer shall further pay a sum
13    equal  to one half of 1% of all compensation payments made by
14    him from January 1, 1990 through June 30, 1990  either  under
15    this  Act  or  under  the Workers' Occupational Diseases Act,
16    whether  by  lump  sum  settlement  or  weekly   compensation
17    payments,   but   not   including   hospital,   surgical   or
18    rehabilitation  payments,  into  an  additional  Special Fund
19    which shall be designated as the "Rate Adjustment  Fund".  On
20    March  15,  1991,  the  employer  shall  pay  into  the  Rate
21    Adjustment  Fund  a  sum  equal to one half of 1% of all such
22    compensation payments made from July 1, 1990 through December
23    31, 1990.  Within 60 days after July 15, 1991,  the  employer
24    shall  pay  into  the Rate Adjustment Fund a sum equal to one
25    half of 1%  of  all  such  compensation  payments  made  from
26    January  1, 1991 through June 30, 1991.  Within 60 days after
27    January 15 of 1992 and each subsequent year through 1996, the
28    employer shall pay into the Rate Adjustment Fund a sum  equal
29    to  one  half of 1% of all such compensation payments made in
30    the last 6 months of the preceding calendar year.  Within  60
31    days  after  July 15 of 1992 and each subsequent year through
32    1995, the employer shall pay into the Rate Adjustment Fund  a
33    sum equal to one half of 1% of all such compensation payments
34    made  in the first 6 months of the same calendar year. Within
 
                            -6-                LRB9205947WHcs
 1    60 days after January 15 of 1997 and  each  subsequent  year,
 2    the  employer  shall  pay into the Rate Adjustment Fund a sum
 3    equal  to  three-fourths  of  1%  of  all  such  compensation
 4    payments made in the last 6 months of the preceding  calendar
 5    year.    Within  60  days  after  July  15  of  1996 and each
 6    subsequent  year,  the  employer  shall  pay  into  the  Rate
 7    Adjustment Fund a sum equal to three-fourths  of  1%  of  all
 8    such  compensation payments made in the first 6 months of the
 9    same calendar year.  The administrative costs  of  collecting
10    assessments from employers for the Rate Adjustment Fund shall
11    be  paid  from  the  Rate  Adjustment  Fund.   The cost of an
12    actuarial audit of the Fund  shall  be  paid  from  the  Rate
13    Adjustment  Fund  and  the  audit shall be completed no later
14    than  July  1,  1997.  The  State  Treasurer  is  ex  officio
15    custodian of such Special Fund and the same shall be held and
16    disbursed for the purposes hereinafter stated  in  paragraphs
17    (f)  and (g) of Section 8 upon the order of the Commission or
18    of a competent court.  The  Rate  Adjustment  Fund  shall  be
19    deposited  the  same  as  are  State  funds  and any interest
20    accruing thereon shall be added thereto every 6  months.   It
21    shall  be  subject  to  audit  the  same  as  State funds and
22    accounts and shall be protected by the general bond given  by
23    the  State  Treasurer.   It is considered always appropriated
24    for the purposes of disbursements as provided  in  paragraphs
25    (f)  and  (g)  of Section 8 of this Act and shall be paid out
26    and disbursed as therein provided and shall not at  any  time
27    be  appropriated  or  diverted  to  any other use or purpose.
28    Within 5 days after the effective date of this amendatory Act
29    of 1990,  the  Comptroller  and  the  State  Treasurer  shall
30    transfer $1,000,000 from the General Revenue Fund to the Rate
31    Adjustment  Fund.   By February 15, 1991, the Comptroller and
32    the State Treasurer shall transfer $1,000,000 from  the  Rate
33    Adjustment  Fund  to  the  General  Revenue  Fund.  From  the
34    effective  date  of this amendatory Act of 1993 to October 1,
 
                            -7-                LRB9205947WHcs
 1    1997, the Comptroller and Treasurer are  authorized  to  make
 2    transfers  at  the  request  of the Chairman up to a total of
 3    $7,000,000 from the Second Injury Fund, the  General  Revenue
 4    Fund, and the Workers' Compensation Benefit Trust Fund to the
 5    Rate Adjustment Fund to the extent that there is insufficient
 6    money   in  the  Rate  Adjustment  Fund  to  pay  claims  and
 7    obligations.  Amounts may be  transferred  from  the  General
 8    Revenue  Fund  only if the funds in the Second Injury Fund or
 9    the Workers' Compensation Benefit Trust Fund are insufficient
10    to pay claims and obligations of the  Rate  Adjustment  Fund.
11    All  amounts  transferred  from  the  Second Injury Fund, the
12    General Revenue Fund, and the Workers'  Compensation  Benefit
13    Trust  Fund  shall  be  repaid  from the Rate Adjustment Fund
14    within 270 days of a transfer, together with interest at  the
15    rate  earned  by  moneys on deposit in the Fund or Funds from
16    which the moneys were transferred.
17        Upon a finding by the Commission, after reasonable notice
18    and hearing, that any employer has  willfully  and  knowingly
19    failed  to pay the proper amounts into the Second Injury Fund
20    or the Rate Adjustment Fund required by this  Section  or  if
21    such payments are not made within the time periods prescribed
22    by  this  Section,  the  employer  shall, in addition to such
23    payments, pay a penalty of 20% of the amount required  to  be
24    paid  or  $2,500, whichever is greater, for each year or part
25    thereof of such failure to pay.    This  penalty  shall  only
26    apply to obligations of an employer to the Second Injury Fund
27    or the Rate Adjustment Fund accruing after the effective date
28    of this amendatory Act of 1989. All or part of such a penalty
29    may  be  waived  by the Commission for good cause shown.  The
30    employer shall also pay interest, at the rate set in  Section
31    2-1303  of  the  Code  of  Civil  Procedure  for  interest on
32    judgments, for the period during which the employer failed to
33    pay the proper amounts into the Second  Injury  Fund  or  the
34    Rate  Adjustment  Fund. Penalties and interest for failure to
 
                            -8-                LRB9205947WHcs
 1    pay the proper amounts into the Second Injury Fund  shall  be
 2    deposited   into  the  Second  Injury  Fund.   Penalties  and
 3    interest for failure to pay the proper amounts into the  Rate
 4    Adjustment  Fund  shall be deposited into the Rate Adjustment
 5    Fund.
 6        Any obligations of an employer to the Second Injury  Fund
 7    and Rate Adjustment Fund accruing prior to the effective date
 8    of  this amendatory Act of 1989 shall be paid in full by such
 9    employer within  5  years  of  the  effective  date  of  this
10    amendatory  Act  of  1989,  with  at  least one-fifth of such
11    obligation  to  be  paid  during  each  year  following   the
12    effective  date  of  this  amendatory  Act  of  1989.  If the
13    Commission finds, following reasonable  notice  and  hearing,
14    that  an  employer  has  failed to make timely payment of any
15    obligation  accruing  under  the  preceding   sentence,   the
16    employer shall, in addition to all other payments required by
17    this  Section,  be  liable  for a penalty equal to 20% of the
18    overdue obligation or $2,500, whichever is greater, for  each
19    year  or part thereof that obligation is overdue. All or part
20    of such a penalty may be waived by the  Commission  for  good
21    cause shown.
22        The   Chairman   of   the  Industrial  Commission  shall,
23    annually, furnish  to  the  Director  of  the  Department  of
24    Insurance  a  list of the amounts paid into the Second Injury
25    Fund and the Rate Adjustment Fund by each  insurance  company
26    on  behalf  of  their  insured  employers. The Director shall
27    verify  to  the  Chairman  that  the  amounts  paid  by  each
28    insurance company are accurate as best as  the  Director  can
29    determine  from  the  records  available to the Director. The
30    Chairman  shall  verify  that  the  amounts  paid   by   each
31    self-insurer  are  accurate  as  best  as  the  Chairman  can
32    determine  from  records  available  to  the  Chairman.   The
33    Chairman may require each self-insurer to provide information
34    concerning  the  total  compensation payments made upon which
 
                            -9-                LRB9205947WHcs
 1    contributions  to  the  Second  Injury  Fund  and  the   Rate
 2    Adjustment Fund are predicated and any additional information
 3    establishing  that  such  payments  have been made into these
 4    funds. Any deficiencies in payments noted by the Director  or
 5    Chairman  shall  be subject to the penalty provisions of this
 6    Act.
 7        The   State   Treasurer,   or   his    duly    authorized
 8    representative,  shall be named as a party to all proceedings
 9    in all  cases  involving  claim  for  the  loss  of,  or  the
10    permanent  and complete loss of the use of one eye, one foot,
11    one leg, one arm or one hand.
12        The State Treasurer or his duly  authorized  agent  shall
13    have  the  same  rights as any other party to the proceeding,
14    including the right to petition for review of any award.  The
15    reasonable  expenses   of   litigation,   such   as   medical
16    examinations, testimony, and transcript of evidence, incurred
17    by the State Treasurer or his duly authorized representative,
18    shall be borne by the Second Injury Fund.
19        If  the  award  is not paid within 30 days after the date
20    the award has become final, the Commission shall  proceed  to
21    take  judgment  thereon  in  its  own name as is provided for
22    other awards by paragraph (g) of Section 19 of this  Act  and
23    take the necessary steps to collect the award.
24        Any  person,  corporation or organization who has paid or
25    become liable for the  payment  of  burial  expenses  of  the
26    deceased  employee  may  in  his  or  its  own name institute
27    proceedings before the Commission for the collection thereof.
28        For  the  purpose   of   administration,   receipts   and
29    disbursements, the Special Fund provided for in paragraph (f)
30    of  this  Section  shall  be  administered  jointly  with the
31    Special Fund provided for in Section 7, paragraph (f) of  the
32    Workers' Occupational Diseases Act.
33        (g)  All   compensation,   except   for  burial  expenses
34    provided in this Section to be paid in case accident  results
 
                            -10-               LRB9205947WHcs
 1    in  death,  shall  be  paid  in  installments  equal  to  the
 2    percentage of the average earnings as provided for in Section
 3    8,  paragraph (b) of this Act, at the same intervals at which
 4    the wages or earnings of the employees were paid.  If this is
 5    not feasible, then the installments  shall  be  paid  weekly.
 6    Such  compensation may be paid in a lump sum upon petition as
 7    provided in Section 9 of this Act.  However, in  addition  to
 8    the  benefits  provided  by  Section  9  of  this  Act  where
 9    compensation  for  death  is payable to the deceased's widow,
10    widower or to the deceased's widow, widower and one  or  more
11    children, and where a partial lump sum is applied for by such
12    beneficiary  or  beneficiaries  within  18  months  after the
13    deceased's death, the  Commission  may,  in  its  discretion,
14    grant  a  partial  lump sum of not to exceed 100 weeks of the
15    compensation capitalized at  their  present  value  upon  the
16    basis  of  interest  calculated  at  3% per annum with annual
17    rests, upon a showing that such partial lump sum is  for  the
18    best interest of such beneficiary or beneficiaries.
19        (h)  In  case  the  injured employee is under 16 years of
20    age at the time of the accident and  is  illegally  employed,
21    the amount of compensation payable under paragraphs (a), (b),
22    (c), (d) and (f) of this Section shall be increased 50%.
23        Nothing herein contained repeals or amends the provisions
24    of  the  Child Labor Law relating to the employment of minors
25    under the age of 16 years.
26        However, where an employer  has  on  file  an  employment
27    certificate  issued  pursuant  to the Child Labor Law or work
28    permit issued pursuant to the Federal  Fair  Labor  Standards
29    Act,  as  amended,  or  a birth certificate properly and duly
30    issued, such certificate,  permit  or  birth  certificate  is
31    conclusive  evidence  as  to  the  age  of  the injured minor
32    employee for the purposes of this Section only.
33        (i)  Whenever the dependents of a deceased  employee  are
34    aliens  not  residing in the United States, Mexico or Canada,
 
                            -11-               LRB9205947WHcs
 1    the  amount  of  compensation  payable  is  limited  to   the
 2    beneficiaries  described  in  paragraphs  (a), (b) and (c) of
 3    this Section and is  50%  of  the  compensation  provided  in
 4    paragraphs  (a),  (b)  and  (c)  of  this  Section, except as
 5    otherwise provided by treaty.
 6        In a case where any of the persons who would be  entitled
 7    to  compensation is living at any place outside of the United
 8    States,  then  payment  shall  be  made   to   the   personal
 9    representative of the deceased employee.  The distribution by
10    such personal representative to the persons entitled shall be
11    made  to  such  persons  and in such manner as the Commission
12    orders.
13    (Source: P.A. 88-672, eff. 12-14-94; 89-470, eff. 6-13-96.)

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