102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0660

 

Introduced 2/24/2021, by Sen. Laura M. Murphy

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 100/5-45.8 new
820 ILCS 305/8.1 new

    Amends the Workers' Compensation Act in relation to repetitive injuries. Provides that an accidental injury that results from repetitive or cumulative trauma and occurs within 6 months after the employee begins employment shall not be considered by a workers' compensation insurer in setting rates. Provides for contribution by prior employers with respect to awards for repetitive or cumulative injuries. Amends the Illinois Administrative Procedure Act to authorize emergency rulemaking.


LRB102 11445 JLS 16778 b

 

 

A BILL FOR

 

SB0660LRB102 11445 JLS 16778 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.8 as follows:
 
6    (5 ILCS 100/5-45.8 new)
7    Sec. 5-45.8. Emergency rulemaking; Section 8.1 of the
8Workers' Compensation Act. To provide for the expeditious and
9timely implementation of Section 8.1 of the Workers'
10Compensation Act, emergency rules implementing that Section
11may be adopted in accordance with Section 5-45 by the Illinois
12Workers' Compensation Commission. The adoption of emergency
13rules authorized by Section 5-45 and this Section is deemed to
14be necessary for the public interest, safety, and welfare.
15    This Section is repealed on January 1, 2027.
 
16    Section 5. The Workers' Compensation Act is amended by
17adding Section 8.1 as follows:
 
18    (820 ILCS 305/8.1 new)
19    Sec. 8.1. Repetitive and cumulative injuries; right of
20contribution.
21    (a) Any accidental injury which results from repetitive or

 

 

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1cumulative trauma and occurs within 6 months after the
2employee begins his or her employment shall not be considered
3by a workers' compensation insurer in setting the premium rate
4for the employer.
5    (b) If an award is made for benefits in connection with
6repetitive or cumulative injury resulting from employment with
7more than one employer, the employer liable for award or its
8insurer is entitled to contributions or reimbursement from
9each of the employee's prior employers which are subject to
10this Act or their insurers for the prior employer's pro rata
11share of responsibility as determined by the Commission. The
12right to contribution or reimbursement under this Section
13shall not delay, diminish, restrict, or alter in any way the
14benefits to which the employee or his or her dependents are
15entitled under this Act. At any time within one year after the
16Commission or the Arbitrator has made an award for benefits in
17connection with repetitive or cumulative injury, the employer
18liable under the award or its insurer may institute
19proceedings before the Commission for the purpose of
20determining the right of contribution or reimbursement. The
21proceeding shall not delay, diminish, restrict, or alter in
22any way the benefits to which the employee or his or her
23dependents are entitled under this Act, but shall be limited
24to a determination of the respective contribution or
25reimbursement rights and the responsibilities of all the
26employers joined in the proceeding. The employee has the duty

 

 

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1of rendering reasonable cooperation in any of such
2proceedings.
3    (c) No contribution or reimbursement may be sought for any
4payment of benefits more than 2 years after the employer
5seeking contribution or reimbursement has made the payment.
6    (d) This Section shall apply only to injuries occurring on
7or after the effective date of this amendatory Act of the 102nd
8General Assembly.
9    (e) The Commission shall adopt emergency rules under
10Section 5-45 of the Illinois Administrative Procedure Act to
11implement the provisions of this Section.