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90_SB0581
820 ILCS 305/Act title
820 ILCS 305/1 from Ch. 48, par. 138.1
Amends the Workers' Compensation Act. Provides that the
Act shall be applied impartially to the employer and employee
in cases arising under the Act. Deletes, from the definition
of "employee", persons whose employment is outside Illinois
if the contract of hire is made within Illinois. Prohibits
compensation under the Act if the employee elects to receive
compensation under the workers' compensation laws of another
state. Provides that the Act does not apply under specified
circumstances if the employee is entitled to receive
compensation under the workers' compensation laws of another
state. Makes other changes.
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1 AN ACT to amend the Workers' Compensation Act by changing
2 the title of the Act and Section 1.
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 the title of the Act and Section 1 as follows:
7 (820 ILCS 305/Act title)
8 An Act to promote the general welfare of the people of
9 this State by providing compensation for accidental injuries
10 or death suffered in the course of employment within this
11 State, and without this State where the contract of
12 employment is principally localized made within this State;
13 providing for the enforcement and administering thereof, and
14 penalties a penalty for its violation, and repealing an Act
15 therein named.
16 (820 ILCS 305/1) (from Ch. 48, par. 138.1)
17 Sec. 1. This Act may be cited as the Workers'
18 Compensation Act.
19 The provisions of this Act shall be applied impartially
20 to both the employer and the employee in cases arising under
21 this Act.
22 (a) The term "employer" as used in this Act means:
23 1. The State and each county, city, town, township,
24 incorporated village, school district, body politic, or
25 municipal corporation therein.
26 2. Every person, firm, public or private corporation,
27 including hospitals, public service, eleemosynary, religious
28 or charitable corporations or associations who has any person
29 in service or under any contract for hire, express or
30 implied, oral or written, and who is engaged in any of the
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1 enterprises or businesses enumerated in Section 3 of this
2 Act, or who at or prior to the time of the accident to the
3 employee for which compensation under this Act may be
4 claimed, has in the manner provided in this Act elected to
5 become subject to the provisions of this Act, and who has
6 not, prior to such accident, effected a withdrawal of such
7 election in the manner provided in this Act.
8 3. Any one engaging in any business or enterprise
9 referred to in subsections 1 and 2 of Section 3 of this Act
10 who undertakes to do any work enumerated therein, is liable
11 to pay compensation to his own immediate employees in
12 accordance with the provisions of this Act, and in addition
13 thereto if he directly or indirectly engages any contractor
14 whether principal or sub-contractor to do any such work, he
15 is liable to pay compensation to the employees of any such
16 contractor or sub-contractor unless such contractor or
17 sub-contractor has insured, in any company or association
18 authorized under the laws of this State to insure the
19 liability to pay compensation under this Act, or guaranteed
20 his liability to pay such compensation. With respect to any
21 time limitation on the filing of claims provided by this Act,
22 the timely filing of a claim against a contractor or
23 subcontractor, as the case may be, shall be deemed to be a
24 timely filing with respect to all persons upon whom liability
25 is imposed by this paragraph.
26 In the event any such person pays compensation under this
27 subsection he may recover the amount thereof from the
28 contractor or sub-contractor, if any, and in the event the
29 contractor pays compensation under this subsection he may
30 recover the amount thereof from the sub-contractor, if any.
31 This subsection does not apply in any case where the
32 accident occurs elsewhere than on, in or about the immediate
33 premises on which the principal has contracted that the work
34 be done.
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1 4. Where an employer operating under and subject to the
2 provisions of this Act loans an employee to another such
3 employer and such loaned employee sustains a compensable
4 accidental injury in the employment of such borrowing
5 employer and where such borrowing employer does not provide
6 or pay the benefits or payments due such injured employee,
7 such loaning employer is liable to provide or pay all
8 benefits or payments due such employee under this Act and as
9 to such employee the liability of such loaning and borrowing
10 employers is joint and several, provided that such loaning
11 employer is in the absence of agreement to the contrary
12 entitled to receive from such borrowing employer full
13 reimbursement for all sums paid or incurred pursuant to this
14 paragraph together with reasonable attorneys' fees and
15 expenses in any hearings before the Industrial Commission or
16 in any action to secure such reimbursement. Where any
17 benefit is provided or paid by such loaning employer the
18 employee has the duty of rendering reasonable cooperation in
19 any hearings, trials or proceedings in the case, including
20 such proceedings for reimbursement.
21 Where an employee files an Application for Adjustment of
22 Claim with the Industrial Commission alleging that his claim
23 is covered by the provisions of the preceding paragraph, and
24 joining both the alleged loaning and borrowing employers,
25 they and each of them, upon written demand by the employee
26 and within 7 days after receipt of such demand, shall have
27 the duty of filing with the Industrial Commission a written
28 admission or denial of the allegation that the claim is
29 covered by the provisions of the preceding paragraph and in
30 default of such filing or if any such denial be ultimately
31 determined not to have been bona fide then the provisions of
32 Paragraph K of Section 19 of this Act shall apply.
33 An employer whose business or enterprise or a substantial
34 part thereof consists of hiring, procuring or furnishing
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1 employees to or for other employers operating under and
2 subject to the provisions of this Act for the performance of
3 the work of such other employers and who pays such employees
4 their salary or wages notwithstanding that they are doing the
5 work of such other employers shall be deemed a loaning
6 employer within the meaning and provisions of this Section.
7 (b) The term "employee" as used in this Act means:
8 1. Every person in the service of the State, including
9 members of the General Assembly, members of the Commerce
10 Commission, members of the Industrial Commission, and all
11 persons in the service of the University of Illinois, county,
12 including deputy sheriffs and assistant state's attorneys,
13 city, town, township, incorporated village or school
14 district, body politic, or municipal corporation therein,
15 whether by election, under appointment or contract of hire,
16 express or implied, oral or written, including all members of
17 the Illinois National Guard while on active duty in the
18 service of the State, and all probation personnel of the
19 Juvenile Court appointed pursuant to Article VI of the
20 Juvenile Court Act of 1987, and including any official of the
21 State, any county, city, town, township, incorporated
22 village, school district, body politic or municipal
23 corporation therein except any duly appointed member of a
24 police department in any city whose population exceeds
25 200,000 according to the last Federal or State census, and
26 except any member of a fire insurance patrol maintained by a
27 board of underwriters in this State. A duly appointed member
28 of a fire department in any city, the population of which
29 exceeds 200,000 according to the last federal or State
30 census, is an employee under this Act only with respect to
31 claims brought under paragraph (c) of Section 8.
32 One employed by a contractor who has contracted with the
33 State, or a county, city, town, township, incorporated
34 village, school district, body politic or municipal
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1 corporation therein, through its representatives, is not
2 considered as an employee of the State, county, city, town,
3 township, incorporated village, school district, body politic
4 or municipal corporation which made the contract.
5 2. Every person in the service of another under any
6 contract of hire, express or implied, oral or written,
7 including persons whose employment is outside of the State of
8 Illinois where the contract of hire is made within the State
9 of Illinois, persons whose employment results in fatal or
10 non-fatal injuries within the State of Illinois where the
11 contract of hire is made outside of the State of Illinois,
12 and persons whose employment is principally localized within
13 the State of Illinois, regardless of the place of the
14 accident or the place where the contract of hire was made,
15 and including aliens, and minors who, for the purpose of this
16 Act are considered the same and have the same power to
17 contract, receive payments and give quittances therefor, as
18 adult employees.
19 3. Every sole proprietor and every partner of a business
20 may elect to be covered by this Act.
21 Except as otherwise provided in this Section, an employee
22 or his dependents under this Act who shall have a cause of
23 action by reason of any injury, disablement or death arising
24 out of and in the course of his employment may elect to
25 pursue his remedy in the State where injured or disabled, or
26 in the State where the contract of hire is made, or in the
27 State where the employment is principally localized; however,
28 no compensation or other benefits under this Act shall be
29 allowed if the employee elects to receive compensation for
30 the same injury, disablement, or death under the workers'
31 compensation or similar laws of any other state or
32 jurisdiction.
33 This Act does not apply to a non-resident employee and
34 employer if the contract of hire was made outside of this
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1 State, if an accidental injury occurs within this State while
2 the employee is performing temporary or intermittent services
3 for the non-resident employer, or while the employee's
4 presence within Illinois is transitory, provided that the
5 employee is entitled to receive compensation as a result of
6 that accidental injury under the workers' compensation or
7 similar laws of any other state or jurisdiction, in which
8 case the entitlement to compensation under those laws is the
9 employee's exclusive remedy against the employer for the
10 injury.
11 However, Any employer may elect to provide and pay
12 compensation to any employee other than those engaged in the
13 usual course of the trade, business, profession or occupation
14 of the employer by complying with Sections 2 and 4 of this
15 Act. Employees are not included within the provisions of
16 this Act when excluded by the laws of the United States
17 relating to liability of employers to their employees for
18 personal injuries where such laws are held to be exclusive.
19 The term "employee" does not include persons performing
20 services as real estate broker, broker-salesman, or salesman
21 when such persons are paid by commission only.
22 (c) "Commission" means the Industrial Commission created
23 by Section 5 of "The Civil Administrative Code of Illinois",
24 approved March 7, 1917, as amended, or the Industrial
25 Commission created by Section 13 of this Act.
26 (Source: P.A. 85-1209.)