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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 haswillfully and knowingly19 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.)