103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3501
 
Introduced 2/17/2023, by Rep. Dagmara Avelar
 
SYNOPSIS AS INTRODUCED:
 

 
820 ILCS 305/8.1c new

     Amends the Workers' Compensation Act. Provides that an employee who has been employed for at least 4 weeks by an employer  and becomes physically or mentally incapacitated to perform the duties of his or her position shall receive a temporary disability benefit, provided that proper proof is received from one or more
    licensed health care professionals designated by the Illinois Workers' Compensation Commission certifying that the employee is mentally or physically incapacitated. Provides that the temporary disability benefit shall be 50% of the employee's final average compensation at the date of disability. Provides that the Commission shall adopt rules governing the filing of claims for temporary disability benefits, and the investigation, control, and supervision of those claims.
  


LRB103 30490 SPS 56923 b

 
 
A BILL FOR
 

  
HB3501LRB103 30490 SPS 56923 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 5. The Workers' Compensation Act is amended by 
5adding Section 8.1c as follows:
 
6    (820 ILCS 305/8.1c new)
7    Sec. 8.1c. Temporary disability benefits.
8    (a)     An employee who has been employed for at least 4 weeks 
9by an employer  and becomes physically or mentally 
10incapacitated to perform the duties of his or her position 
11shall receive a temporary disability benefit, provided that 
12proper proof is received from one or more
    licensed health care 
13professionals designated by the Commission certifying that the 
14employee is mentally or physically incapacitated.
15    (b)   The temporary disability benefit shall begin to accrue 
16on the 31st day of absence from work on account of disability, 
17but the benefit shall not become actually payable to the 
18employee until the expiration of 31 days from the day upon 
19which the employee last received or had a right to receive any 
20compensation and shall continue to accrue until the first of 
21the following events occurs:
22        (1)   the disability ceases;
23        (2)   the employee engages in gainful employment; or
 
 
HB3501- 2 -LRB103 30490 SPS 56923 b

1        (3) the employee receives 26 weeks of disability 
2    benefits during any 52 consecutive week period.
3    (c)   The temporary disability benefit shall be 50% of the 
4employee's final average compensation at the date of 
5disability.
6    (d)   The temporary disability benefit provided under this 
7Section is intended as a temporary payment of occupational or 
8nonoccupational disability benefit, whichever is appropriate, 
9in cases in which the occupational or nonoccupational 
10character of the disability has not been determined.
11    (e)   The Commission shall adopt rules governing the filing 
12of claims for temporary disability benefits, and the 
13investigation, control, and supervision of those claims.