103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3125

 

Introduced 2/2/2024, by Sen. Neil Anderson

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 305/8  from Ch. 48, par. 138.8

    Amends the Workers' Compensation Act. Provides that in the case of an employee who is a volunteer, paid-on-call, or part-time firefighter, an emergency medical technician, or a paramedic, compensation for temporary total incapacity shall commence on the day after the accident. Effective immediately.


LRB103 38041 SPS 68173 b

 

 

A BILL FOR

 

SB3125LRB103 38041 SPS 68173 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
5changing Section 8 as follows:
 
6    (820 ILCS 305/8)  (from Ch. 48, par. 138.8)
7    Sec. 8. The amount of compensation which shall be paid to
8the employee for an accidental injury not resulting in death
9is:
10    (a) The employer shall provide and pay the negotiated
11rate, if applicable, or the lesser of the health care
12provider's actual charges or according to a fee schedule,
13subject to Section 8.2, in effect at the time the service was
14rendered for all the necessary first aid, medical and surgical
15services, and all necessary medical, surgical and hospital
16services thereafter incurred, limited, however, to that which
17is reasonably required to cure or relieve from the effects of
18the accidental injury, even if a health care provider sells,
19transfers, or otherwise assigns an account receivable for
20procedures, treatments, or services covered under this Act. If
21the employer does not dispute payment of first aid, medical,
22surgical, and hospital services, the employer shall make such
23payment to the provider on behalf of the employee. The

 

 

SB3125- 2 -LRB103 38041 SPS 68173 b

1employer shall also pay for treatment, instruction and
2training necessary for the physical, mental and vocational
3rehabilitation of the employee, including all maintenance
4costs and expenses incidental thereto. If as a result of the
5injury the employee is unable to be self-sufficient the
6employer shall further pay for such maintenance or
7institutional care as shall be required.
8    The employee may at any time elect to secure his own
9physician, surgeon and hospital services at the employer's
10expense, or,
11    Upon agreement between the employer and the employees, or
12the employees' exclusive representative, and subject to the
13approval of the Illinois Workers' Compensation Commission, the
14employer shall maintain a list of physicians, to be known as a
15Panel of Physicians, who are accessible to the employees. The
16employer shall post this list in a place or places easily
17accessible to his employees. The employee shall have the right
18to make an alternative choice of physician from such Panel if
19he is not satisfied with the physician first selected. If, due
20to the nature of the injury or its occurrence away from the
21employer's place of business, the employee is unable to make a
22selection from the Panel, the selection process from the Panel
23shall not apply. The physician selected from the Panel may
24arrange for any consultation, referral or other specialized
25medical services outside the Panel at the employer's expense.
26Provided that, in the event the Commission shall find that a

 

 

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1doctor selected by the employee is rendering improper or
2inadequate care, the Commission may order the employee to
3select another doctor certified or qualified in the medical
4field for which treatment is required. If the employee refuses
5to make such change the Commission may relieve the employer of
6his obligation to pay the doctor's charges from the date of
7refusal to the date of compliance.
8    Any vocational rehabilitation counselors who provide
9service under this Act shall have appropriate certifications
10which designate the counselor as qualified to render opinions
11relating to vocational rehabilitation. Vocational
12rehabilitation may include, but is not limited to, counseling
13for job searches, supervising a job search program, and
14vocational retraining including education at an accredited
15learning institution. The employee or employer may petition to
16the Commission to decide disputes relating to vocational
17rehabilitation and the Commission shall resolve any such
18dispute, including payment of the vocational rehabilitation
19program by the employer.
20    The maintenance benefit shall not be less than the
21temporary total disability rate determined for the employee.
22In addition, maintenance shall include costs and expenses
23incidental to the vocational rehabilitation program.
24    When the employee is working light duty on a part-time
25basis or full-time basis and earns less than he or she would be
26earning if employed in the full capacity of the job or jobs,

 

 

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1then the employee shall be entitled to temporary partial
2disability benefits. Temporary partial disability benefits
3shall be equal to two-thirds of the difference between the
4average amount that the employee would be able to earn in the
5full performance of his or her duties in the occupation in
6which he or she was engaged at the time of accident and the
7gross amount which he or she is earning in the modified job
8provided to the employee by the employer or in any other job
9that the employee is working.
10    Every hospital, physician, surgeon or other person
11rendering treatment or services in accordance with the
12provisions of this Section shall upon written request furnish
13full and complete reports thereof to, and permit their records
14to be copied by, the employer, the employee or his dependents,
15as the case may be, or any other party to any proceeding for
16compensation before the Commission, or their attorneys.
17    Notwithstanding the foregoing, the employer's liability to
18pay for such medical services selected by the employee shall
19be limited to:
20        (1) all first aid and emergency treatment; plus
21        (2) all medical, surgical and hospital services
22    provided by the physician, surgeon or hospital initially
23    chosen by the employee or by any other physician,
24    consultant, expert, institution or other provider of
25    services recommended by said initial service provider or
26    any subsequent provider of medical services in the chain

 

 

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1    of referrals from said initial service provider; plus
2        (3) all medical, surgical and hospital services
3    provided by any second physician, surgeon or hospital
4    subsequently chosen by the employee or by any other
5    physician, consultant, expert, institution or other
6    provider of services recommended by said second service
7    provider or any subsequent provider of medical services in
8    the chain of referrals from said second service provider.
9    Thereafter the employer shall select and pay for all
10    necessary medical, surgical and hospital treatment and the
11    employee may not select a provider of medical services at
12    the employer's expense unless the employer agrees to such
13    selection. At any time the employee may obtain any medical
14    treatment he desires at his own expense. This paragraph
15    shall not affect the duty to pay for rehabilitation
16    referred to above.
17        (4) The following shall apply for injuries occurring
18    on or after June 28, 2011 (the effective date of Public Act
19    97-18) and only when an employer has an approved preferred
20    provider program pursuant to Section 8.1a on the date the
21    employee sustained his or her accidental injuries:
22            (A) The employer shall, in writing, on a form
23        promulgated by the Commission, inform the employee of
24        the preferred provider program;
25            (B) Subsequent to the report of an injury by an
26        employee, the employee may choose in writing at any

 

 

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1        time to decline the preferred provider program, in
2        which case that would constitute one of the two
3        choices of medical providers to which the employee is
4        entitled under subsection (a)(2) or (a)(3); and
5            (C) Prior to the report of an injury by an
6        employee, when an employee chooses non-emergency
7        treatment from a provider not within the preferred
8        provider program, that would constitute the employee's
9        one choice of medical providers to which the employee
10        is entitled under subsection (a)(2) or (a)(3).
11    When an employer and employee so agree in writing, nothing
12in this Act prevents an employee whose injury or disability
13has been established under this Act, from relying in good
14faith, on treatment by prayer or spiritual means alone, in
15accordance with the tenets and practice of a recognized church
16or religious denomination, by a duly accredited practitioner
17thereof, and having nursing services appropriate therewith,
18without suffering loss or diminution of the compensation
19benefits under this Act. However, the employee shall submit to
20all physical examinations required by this Act. The cost of
21such treatment and nursing care shall be paid by the employee
22unless the employer agrees to make such payment.
23    Where the accidental injury results in the amputation of
24an arm, hand, leg or foot, or the enucleation of an eye, or the
25loss of any of the natural teeth, the employer shall furnish an
26artificial of any such members lost or damaged in accidental

 

 

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1injury arising out of and in the course of employment, and
2shall also furnish the necessary braces in all proper and
3necessary cases. In cases of the loss of a member or members by
4amputation, the employer shall, whenever necessary, maintain
5in good repair, refit or replace the artificial limbs during
6the lifetime of the employee. Where the accidental injury
7accompanied by physical injury results in damage to a denture,
8eye glasses or contact eye lenses, or where the accidental
9injury results in damage to an artificial member, the employer
10shall replace or repair such denture, glasses, lenses, or
11artificial member.
12    The furnishing by the employer of any such services or
13appliances is not an admission of liability on the part of the
14employer to pay compensation.
15    The furnishing of any such services or appliances or the
16servicing thereof by the employer is not the payment of
17compensation.
18    (b) If the period of temporary total incapacity for work
19lasts more than 3 working days, weekly compensation as
20hereinafter provided shall be paid beginning on the 4th day of
21such temporary total incapacity and continuing as long as the
22total temporary incapacity lasts. Notwithstanding the
23preceding sentence, in the case of an employee who is employed
24as a volunteer, paid-on-call, or part-time firefighter, an
25emergency medical technician, or a paramedic or in In cases
26where the temporary total incapacity for work continues for a

 

 

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1period of 14 days or more from the day of the accident,
2compensation shall commence on the day after the accident.
3        1. The compensation rate for temporary total
4    incapacity under this paragraph (b) of this Section shall
5    be equal to 66 2/3% of the employee's average weekly wage
6    computed in accordance with Section 10, provided that it
7    shall be not less than 66 2/3% of the sum of the Federal
8    minimum wage under the Fair Labor Standards Act, or the
9    Illinois minimum wage under the Minimum Wage Law,
10    whichever is more, multiplied by 40 hours. This percentage
11    rate shall be increased by 10% for each spouse and child,
12    not to exceed 100% of the total minimum wage calculation,
13    nor exceed the employee's average weekly wage computed in
14    accordance with the provisions of Section 10, whichever is
15    less.
16        2. The compensation rate in all cases other than for
17    temporary total disability under this paragraph (b), and
18    other than for serious and permanent disfigurement under
19    paragraph (c) and other than for permanent partial
20    disability under subparagraph (2) of paragraph (d) or
21    under paragraph (e), of this Section shall be equal to 66
22    2/3% of the employee's average weekly wage computed in
23    accordance with the provisions of Section 10, provided
24    that it shall be not less than 66 2/3% of the sum of the
25    Federal minimum wage under the Fair Labor Standards Act,
26    or the Illinois minimum wage under the Minimum Wage Law,

 

 

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1    whichever is more, multiplied by 40 hours. This percentage
2    rate shall be increased by 10% for each spouse and child,
3    not to exceed 100% of the total minimum wage calculation,
4    nor exceed the employee's average weekly wage computed in
5    accordance with the provisions of Section 10, whichever is
6    less.
7        2.1. The compensation rate in all cases of serious and
8    permanent disfigurement under paragraph (c) and of
9    permanent partial disability under subparagraph (2) of
10    paragraph (d) or under paragraph (e) of this Section shall
11    be equal to 60% of the employee's average weekly wage
12    computed in accordance with the provisions of Section 10,
13    provided that it shall be not less than 66 2/3% of the sum
14    of the Federal minimum wage under the Fair Labor Standards
15    Act, or the Illinois minimum wage under the Minimum Wage
16    Law, whichever is more, multiplied by 40 hours. This
17    percentage rate shall be increased by 10% for each spouse
18    and child, not to exceed 100% of the total minimum wage
19    calculation, nor exceed the employee's average weekly wage
20    computed in accordance with the provisions of Section 10,
21    whichever is less.
22        3. As used in this Section the term "child" means a
23    child of the employee including any child legally adopted
24    before the accident or whom at the time of the accident the
25    employee was under legal obligation to support or to whom
26    the employee stood in loco parentis, and who at the time of

 

 

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1    the accident was under 18 years of age and not
2    emancipated. The term "children" means the plural of
3    "child".
4        4. All weekly compensation rates provided under
5    subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
6    Section shall be subject to the following limitations:
7        The maximum weekly compensation rate from July 1,
8    1975, except as hereinafter provided, shall be 100% of the
9    State's average weekly wage in covered industries under
10    the Unemployment Insurance Act, that being the wage that
11    most closely approximates the State's average weekly wage.
12        The maximum weekly compensation rate, for the period
13    July 1, 1984, through June 30, 1987, except as hereinafter
14    provided, shall be $293.61. Effective July 1, 1987 and on
15    July 1 of each year thereafter the maximum weekly
16    compensation rate, except as hereinafter provided, shall
17    be determined as follows: if during the preceding 12 month
18    period there shall have been an increase in the State's
19    average weekly wage in covered industries under the
20    Unemployment Insurance Act, the weekly compensation rate
21    shall be proportionately increased by the same percentage
22    as the percentage of increase in the State's average
23    weekly wage in covered industries under the Unemployment
24    Insurance Act during such period.
25        The maximum weekly compensation rate, for the period
26    January 1, 1981 through December 31, 1983, except as

 

 

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1    hereinafter provided, shall be 100% of the State's average
2    weekly wage in covered industries under the Unemployment
3    Insurance Act in effect on January 1, 1981. Effective
4    January 1, 1984 and on January 1, of each year thereafter
5    the maximum weekly compensation rate, except as
6    hereinafter provided, shall be determined as follows: if
7    during the preceding 12 month period there shall have been
8    an increase in the State's average weekly wage in covered
9    industries under the Unemployment Insurance Act, the
10    weekly compensation rate shall be proportionately
11    increased by the same percentage as the percentage of
12    increase in the State's average weekly wage in covered
13    industries under the Unemployment Insurance Act during
14    such period.
15        From July 1, 1977 and thereafter such maximum weekly
16    compensation rate in death cases under Section 7, and
17    permanent total disability cases under paragraph (f) or
18    subparagraph 18 of paragraph (3) of this Section and for
19    temporary total disability under paragraph (b) of this
20    Section and for amputation of a member or enucleation of
21    an eye under paragraph (e) of this Section shall be
22    increased to 133-1/3% of the State's average weekly wage
23    in covered industries under the Unemployment Insurance
24    Act.
25        For injuries occurring on or after February 1, 2006,
26    the maximum weekly benefit under paragraph (d)1 of this

 

 

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1    Section shall be 100% of the State's average weekly wage
2    in covered industries under the Unemployment Insurance
3    Act.
4        4.1. Any provision herein to the contrary
5    notwithstanding, the weekly compensation rate for
6    compensation payments under subparagraph 18 of paragraph
7    (e) of this Section and under paragraph (f) of this
8    Section and under paragraph (a) of Section 7 and for
9    amputation of a member or enucleation of an eye under
10    paragraph (e) of this Section, shall in no event be less
11    than 50% of the State's average weekly wage in covered
12    industries under the Unemployment Insurance Act.
13        4.2. Any provision to the contrary notwithstanding,
14    the total compensation payable under Section 7 shall not
15    exceed the greater of $500,000 or 25 years.
16        5. For the purpose of this Section this State's
17    average weekly wage in covered industries under the
18    Unemployment Insurance Act on July 1, 1975 is hereby fixed
19    at $228.16 per week and the computation of compensation
20    rates shall be based on the aforesaid average weekly wage
21    until modified as hereinafter provided.
22        6. The Department of Employment Security of the State
23    shall on or before the first day of December, 1977, and on
24    or before the first day of June, 1978, and on the first day
25    of each December and June of each year thereafter, publish
26    the State's average weekly wage in covered industries

 

 

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1    under the Unemployment Insurance Act and the Illinois
2    Workers' Compensation Commission shall on the 15th day of
3    January, 1978 and on the 15th day of July, 1978 and on the
4    15th day of each January and July of each year thereafter,
5    post and publish the State's average weekly wage in
6    covered industries under the Unemployment Insurance Act as
7    last determined and published by the Department of
8    Employment Security. The amount when so posted and
9    published shall be conclusive and shall be applicable as
10    the basis of computation of compensation rates until the
11    next posting and publication as aforesaid.
12        7. The payment of compensation by an employer or his
13    insurance carrier to an injured employee shall not
14    constitute an admission of the employer's liability to pay
15    compensation.
16    (c) For any serious and permanent disfigurement to the
17hand, head, face, neck, arm, leg below the knee or the chest
18above the axillary line, the employee is entitled to
19compensation for such disfigurement, the amount determined by
20agreement at any time or by arbitration under this Act, at a
21hearing not less than 6 months after the date of the accidental
22injury, which amount shall not exceed 150 weeks (if the
23accidental injury occurs on or after the effective date of
24this amendatory Act of the 94th General Assembly but before
25February 1, 2006) or 162 weeks (if the accidental injury
26occurs on or after February 1, 2006) at the applicable rate

 

 

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1provided in subparagraph 2.1 of paragraph (b) of this Section.
2    No compensation is payable under this paragraph where
3compensation is payable under paragraphs (d), (e) or (f) of
4this Section.
5    A duly appointed member of a fire department in a city, the
6population of which exceeds 500,000 according to the last
7federal or State census, is eligible for compensation under
8this paragraph only where such serious and permanent
9disfigurement results from burns.
10    (d) 1. If, after the accidental injury has been sustained,
11the employee as a result thereof becomes partially
12incapacitated from pursuing his usual and customary line of
13employment, he shall, except in cases compensated under the
14specific schedule set forth in paragraph (e) of this Section,
15receive compensation for the duration of his disability,
16subject to the limitations as to maximum amounts fixed in
17paragraph (b) of this Section, equal to 66-2/3% of the
18difference between the average amount which he would be able
19to earn in the full performance of his duties in the occupation
20in which he was engaged at the time of the accident and the
21average amount which he is earning or is able to earn in some
22suitable employment or business after the accident. For
23accidental injuries that occur on or after September 1, 2011,
24an award for wage differential under this subsection shall be
25effective only until the employee reaches the age of 67 or 5
26years from the date the award becomes final, whichever is

 

 

SB3125- 15 -LRB103 38041 SPS 68173 b

1later.
2    2. If, as a result of the accident, the employee sustains
3serious and permanent injuries not covered by paragraphs (c)
4and (e) of this Section or having sustained injuries covered
5by the aforesaid paragraphs (c) and (e), he shall have
6sustained in addition thereto other injuries which injuries do
7not incapacitate him from pursuing the duties of his
8employment but which would disable him from pursuing other
9suitable occupations, or which have otherwise resulted in
10physical impairment; or if such injuries partially
11incapacitate him from pursuing the duties of his usual and
12customary line of employment but do not result in an
13impairment of earning capacity, or having resulted in an
14impairment of earning capacity, the employee elects to waive
15his right to recover under the foregoing subparagraph 1 of
16paragraph (d) of this Section then in any of the foregoing
17events, he shall receive in addition to compensation for
18temporary total disability under paragraph (b) of this
19Section, compensation at the rate provided in subparagraph 2.1
20of paragraph (b) of this Section for that percentage of 500
21weeks that the partial disability resulting from the injuries
22covered by this paragraph bears to total disability. If the
23employee shall have sustained a fracture of one or more
24vertebra or fracture of the skull, the amount of compensation
25allowed under this Section shall be not less than 6 weeks for a
26fractured skull and 6 weeks for each fractured vertebra, and

 

 

SB3125- 16 -LRB103 38041 SPS 68173 b

1in the event the employee shall have sustained a fracture of
2any of the following facial bones: nasal, lachrymal, vomer,
3zygoma, maxilla, palatine or mandible, the amount of
4compensation allowed under this Section shall be not less than
52 weeks for each such fractured bone, and for a fracture of
6each transverse process not less than 3 weeks. In the event
7such injuries shall result in the loss of a kidney, spleen or
8lung, the amount of compensation allowed under this Section
9shall be not less than 10 weeks for each such organ.
10Compensation awarded under this subparagraph 2 shall not take
11into consideration injuries covered under paragraphs (c) and
12(e) of this Section and the compensation provided in this
13paragraph shall not affect the employee's right to
14compensation payable under paragraphs (b), (c) and (e) of this
15Section for the disabilities therein covered.
16    (e) For accidental injuries in the following schedule, the
17employee shall receive compensation for the period of
18temporary total incapacity for work resulting from such
19accidental injury, under subparagraph 1 of paragraph (b) of
20this Section, and shall receive in addition thereto
21compensation for a further period for the specific loss herein
22mentioned, but shall not receive any compensation under any
23other provisions of this Act. The following listed amounts
24apply to either the loss of or the permanent and complete loss
25of use of the member specified, such compensation for the
26length of time as follows:

 

 

SB3125- 17 -LRB103 38041 SPS 68173 b

1        1. Thumb-
2            70 weeks if the accidental injury occurs on or
3        after the effective date of this amendatory Act of the
4        94th General Assembly but before February 1, 2006.
5            76 weeks if the accidental injury occurs on or
6        after February 1, 2006.
7        2. First, or index finger-
8            40 weeks if the accidental injury occurs on or
9        after the effective date of this amendatory Act of the
10        94th General Assembly but before February 1, 2006.
11            43 weeks if the accidental injury occurs on or
12        after February 1, 2006.
13        3. Second, or middle finger-
14            35 weeks if the accidental injury occurs on or
15        after the effective date of this amendatory Act of the
16        94th General Assembly but before February 1, 2006.
17            38 weeks if the accidental injury occurs on or
18        after February 1, 2006.
19        4. Third, or ring finger-
20            25 weeks if the accidental injury occurs on or
21        after the effective date of this amendatory Act of the
22        94th General Assembly but before February 1, 2006.
23            27 weeks if the accidental injury occurs on or
24        after February 1, 2006.
25        5. Fourth, or little finger-
26            20 weeks if the accidental injury occurs on or

 

 

SB3125- 18 -LRB103 38041 SPS 68173 b

1        after the effective date of this amendatory Act of the
2        94th General Assembly but before February 1, 2006.
3            22 weeks if the accidental injury occurs on or
4        after February 1, 2006.
5        6. Great toe-
6            35 weeks if the accidental injury occurs on or
7        after the effective date of this amendatory Act of the
8        94th General Assembly but before February 1, 2006.
9            38 weeks if the accidental injury occurs on or
10        after February 1, 2006.
11        7. Each toe other than great toe-
12            12 weeks if the accidental injury occurs on or
13        after the effective date of this amendatory Act of the
14        94th General Assembly but before February 1, 2006.
15            13 weeks if the accidental injury occurs on or
16        after February 1, 2006.
17        8. The loss of the first or distal phalanx of the thumb
18    or of any finger or toe shall be considered to be equal to
19    the loss of one-half of such thumb, finger or toe and the
20    compensation payable shall be one-half of the amount above
21    specified. The loss of more than one phalanx shall be
22    considered as the loss of the entire thumb, finger or toe.
23    In no case shall the amount received for more than one
24    finger exceed the amount provided in this schedule for the
25    loss of a hand.
26        9. Hand-

 

 

SB3125- 19 -LRB103 38041 SPS 68173 b

1            190 weeks if the accidental injury occurs on or
2        after the effective date of this amendatory Act of the
3        94th General Assembly but before February 1, 2006.
4            205 weeks if the accidental injury occurs on or
5        after February 1, 2006.
6            190 weeks if the accidental injury occurs on or
7        after June 28, 2011 (the effective date of Public Act
8        97-18) and if the accidental injury involves carpal
9        tunnel syndrome due to repetitive or cumulative
10        trauma, in which case the permanent partial disability
11        shall not exceed 15% loss of use of the hand, except
12        for cause shown by clear and convincing evidence and
13        in which case the award shall not exceed 30% loss of
14        use of the hand.
15        The loss of 2 or more digits, or one or more phalanges
16    of 2 or more digits, of a hand may be compensated on the
17    basis of partial loss of use of a hand, provided, further,
18    that the loss of 4 digits, or the loss of use of 4 digits,
19    in the same hand shall constitute the complete loss of a
20    hand.
21        10. Arm-
22            235 weeks if the accidental injury occurs on or
23        after the effective date of this amendatory Act of the
24        94th General Assembly but before February 1, 2006.
25            253 weeks if the accidental injury occurs on or
26        after February 1, 2006.

 

 

SB3125- 20 -LRB103 38041 SPS 68173 b

1        Where an accidental injury results in the amputation
2    of an arm below the elbow, such injury shall be
3    compensated as a loss of an arm. Where an accidental
4    injury results in the amputation of an arm above the
5    elbow, compensation for an additional 15 weeks (if the
6    accidental injury occurs on or after the effective date of
7    this amendatory Act of the 94th General Assembly but
8    before February 1, 2006) or an additional 17 weeks (if the
9    accidental injury occurs on or after February 1, 2006)
10    shall be paid, except where the accidental injury results
11    in the amputation of an arm at the shoulder joint, or so
12    close to shoulder joint that an artificial arm cannot be
13    used, or results in the disarticulation of an arm at the
14    shoulder joint, in which case compensation for an
15    additional 65 weeks (if the accidental injury occurs on or
16    after the effective date of this amendatory Act of the
17    94th General Assembly but before February 1, 2006) or an
18    additional 70 weeks (if the accidental injury occurs on or
19    after February 1, 2006) shall be paid.
20        11. Foot-
21            155 weeks if the accidental injury occurs on or
22        after the effective date of this amendatory Act of the
23        94th General Assembly but before February 1, 2006.
24            167 weeks if the accidental injury occurs on or
25        after February 1, 2006.
26        12. Leg-

 

 

SB3125- 21 -LRB103 38041 SPS 68173 b

1            200 weeks if the accidental injury occurs on or
2        after the effective date of this amendatory Act of the
3        94th General Assembly but before February 1, 2006.
4            215 weeks if the accidental injury occurs on or
5        after February 1, 2006.
6        Where an accidental injury results in the amputation
7    of a leg below the knee, such injury shall be compensated
8    as loss of a leg. Where an accidental injury results in the
9    amputation of a leg above the knee, compensation for an
10    additional 25 weeks (if the accidental injury occurs on or
11    after the effective date of this amendatory Act of the
12    94th General Assembly but before February 1, 2006) or an
13    additional 27 weeks (if the accidental injury occurs on or
14    after February 1, 2006) shall be paid, except where the
15    accidental injury results in the amputation of a leg at
16    the hip joint, or so close to the hip joint that an
17    artificial leg cannot be used, or results in the
18    disarticulation of a leg at the hip joint, in which case
19    compensation for an additional 75 weeks (if the accidental
20    injury occurs on or after the effective date of this
21    amendatory Act of the 94th General Assembly but before
22    February 1, 2006) or an additional 81 weeks (if the
23    accidental injury occurs on or after February 1, 2006)
24    shall be paid.
25        13. Eye-
26            150 weeks if the accidental injury occurs on or

 

 

SB3125- 22 -LRB103 38041 SPS 68173 b

1        after the effective date of this amendatory Act of the
2        94th General Assembly but before February 1, 2006.
3            162 weeks if the accidental injury occurs on or
4        after February 1, 2006.
5        Where an accidental injury results in the enucleation
6    of an eye, compensation for an additional 10 weeks (if the
7    accidental injury occurs on or after the effective date of
8    this amendatory Act of the 94th General Assembly but
9    before February 1, 2006) or an additional 11 weeks (if the
10    accidental injury occurs on or after February 1, 2006)
11    shall be paid.
12        14. Loss of hearing of one ear-
13            50 weeks if the accidental injury occurs on or
14        after the effective date of this amendatory Act of the
15        94th General Assembly but before February 1, 2006.
16            54 weeks if the accidental injury occurs on or
17        after February 1, 2006.
18        Total and permanent loss of hearing of both ears-
19            200 weeks if the accidental injury occurs on or
20        after the effective date of this amendatory Act of the
21        94th General Assembly but before February 1, 2006.
22            215 weeks if the accidental injury occurs on or
23        after February 1, 2006.
24        15. Testicle-
25            50 weeks if the accidental injury occurs on or
26        after the effective date of this amendatory Act of the

 

 

SB3125- 23 -LRB103 38041 SPS 68173 b

1        94th General Assembly but before February 1, 2006.
2            54 weeks if the accidental injury occurs on or
3        after February 1, 2006.
4        Both testicles-
5            150 weeks if the accidental injury occurs on or
6        after the effective date of this amendatory Act of the
7        94th General Assembly but before February 1, 2006.
8            162 weeks if the accidental injury occurs on or
9        after February 1, 2006.
10        16. For the permanent partial loss of use of a member
11    or sight of an eye, or hearing of an ear, compensation
12    during that proportion of the number of weeks in the
13    foregoing schedule provided for the loss of such member or
14    sight of an eye, or hearing of an ear, which the partial
15    loss of use thereof bears to the total loss of use of such
16    member, or sight of eye, or hearing of an ear.
17            (a) Loss of hearing for compensation purposes
18        shall be confined to the frequencies of 1,000, 2,000
19        and 3,000 cycles per second. Loss of hearing ability
20        for frequency tones above 3,000 cycles per second are
21        not to be considered as constituting disability for
22        hearing.
23            (b) The percent of hearing loss, for purposes of
24        the determination of compensation claims for
25        occupational deafness, shall be calculated as the
26        average in decibels for the thresholds of hearing for

 

 

SB3125- 24 -LRB103 38041 SPS 68173 b

1        the frequencies of 1,000, 2,000 and 3,000 cycles per
2        second. Pure tone air conduction audiometric
3        instruments, approved by nationally recognized
4        authorities in this field, shall be used for measuring
5        hearing loss. If the losses of hearing average 30
6        decibels or less in the 3 frequencies, such losses of
7        hearing shall not then constitute any compensable
8        hearing disability. If the losses of hearing average
9        85 decibels or more in the 3 frequencies, then the same
10        shall constitute and be total or 100% compensable
11        hearing loss.
12            (c) In measuring hearing impairment, the lowest
13        measured losses in each of the 3 frequencies shall be
14        added together and divided by 3 to determine the
15        average decibel loss. For every decibel of loss
16        exceeding 30 decibels an allowance of 1.82% shall be
17        made up to the maximum of 100% which is reached at 85
18        decibels.
19            (d) If a hearing loss is established to have
20        existed on July 1, 1975 by audiometric testing the
21        employer shall not be liable for the previous loss so
22        established nor shall he be liable for any loss for
23        which compensation has been paid or awarded.
24            (e) No consideration shall be given to the
25        question of whether or not the ability of an employee
26        to understand speech is improved by the use of a

 

 

SB3125- 25 -LRB103 38041 SPS 68173 b

1        hearing aid.
2            (f) No claim for loss of hearing due to industrial
3        noise shall be brought against an employer or allowed
4        unless the employee has been exposed for a period of
5        time sufficient to cause permanent impairment to noise
6        levels in excess of the following:
7Sound Level DBA
8Slow ResponseHours Per Day
9908
10926
11954
12973
131002
141021-1/2
151051
161101/2
171151/4
18        This subparagraph (f) shall not be applied in cases of
19    hearing loss resulting from trauma or explosion.
20        17. In computing the compensation to be paid to any
21    employee who, before the accident for which he claims
22    compensation, had before that time sustained an injury
23    resulting in the loss by amputation or partial loss by
24    amputation of any member, including hand, arm, thumb or
25    fingers, leg, foot or any toes, such loss or partial loss
26    of any such member shall be deducted from any award made

 

 

SB3125- 26 -LRB103 38041 SPS 68173 b

1    for the subsequent injury. For the permanent loss of use
2    or the permanent partial loss of use of any such member or
3    the partial loss of sight of an eye, for which
4    compensation has been paid, then such loss shall be taken
5    into consideration and deducted from any award for the
6    subsequent injury.
7        18. The specific case of loss of both hands, both
8    arms, or both feet, or both legs, or both eyes, or of any
9    two thereof, or the permanent and complete loss of the use
10    thereof, constitutes total and permanent disability, to be
11    compensated according to the compensation fixed by
12    paragraph (f) of this Section. These specific cases of
13    total and permanent disability do not exclude other cases.
14        Any employee who has previously suffered the loss or
15    permanent and complete loss of the use of any of such
16    members, and in a subsequent independent accident loses
17    another or suffers the permanent and complete loss of the
18    use of any one of such members the employer for whom the
19    injured employee is working at the time of the last
20    independent accident is liable to pay compensation only
21    for the loss or permanent and complete loss of the use of
22    the member occasioned by the last independent accident.
23        19. In a case of specific loss and the subsequent
24    death of such injured employee from other causes than such
25    injury leaving a widow, widower, or dependents surviving
26    before payment or payment in full for such injury, then

 

 

SB3125- 27 -LRB103 38041 SPS 68173 b

1    the amount due for such injury is payable to the widow or
2    widower and, if there be no widow or widower, then to such
3    dependents, in the proportion which such dependency bears
4    to total dependency.
5    Beginning July 1, 1980, and every 6 months thereafter, the
6Commission shall examine the Second Injury Fund and when,
7after deducting all advances or loans made to such Fund, the
8amount therein is $500,000 then the amount required to be paid
9by employers pursuant to paragraph (f) of Section 7 shall be
10reduced by one-half. When the Second Injury Fund reaches the
11sum of $600,000 then the payments shall cease entirely.
12However, when the Second Injury Fund has been reduced to
13$400,000, payment of one-half of the amounts required by
14paragraph (f) of Section 7 shall be resumed, in the manner
15herein provided, and when the Second Injury Fund has been
16reduced to $300,000, payment of the full amounts required by
17paragraph (f) of Section 7 shall be resumed, in the manner
18herein provided. The Commission shall make the changes in
19payment effective by general order, and the changes in payment
20become immediately effective for all cases coming before the
21Commission thereafter either by settlement agreement or final
22order, irrespective of the date of the accidental injury.
23    On August 1, 1996 and on February 1 and August 1 of each
24subsequent year, the Commission shall examine the special fund
25designated as the "Rate Adjustment Fund" and when, after
26deducting all advances or loans made to said fund, the amount

 

 

SB3125- 28 -LRB103 38041 SPS 68173 b

1therein is $4,000,000, the amount required to be paid by
2employers pursuant to paragraph (f) of Section 7 shall be
3reduced by one-half. When the Rate Adjustment Fund reaches the
4sum of $5,000,000 the payment therein shall cease entirely.
5However, when said Rate Adjustment Fund has been reduced to
6$3,000,000 the amounts required by paragraph (f) of Section 7
7shall be resumed in the manner herein provided.
8    (f) In case of complete disability, which renders the
9employee wholly and permanently incapable of work, or in the
10specific case of total and permanent disability as provided in
11subparagraph 18 of paragraph (e) of this Section, compensation
12shall be payable at the rate provided in subparagraph 2 of
13paragraph (b) of this Section for life.
14    An employee entitled to benefits under paragraph (f) of
15this Section shall also be entitled to receive from the Rate
16Adjustment Fund provided in paragraph (f) of Section 7 of the
17supplementary benefits provided in paragraph (g) of this
18Section 8.
19    If any employee who receives an award under this paragraph
20afterwards returns to work or is able to do so, and earns or is
21able to earn as much as before the accident, payments under
22such award shall cease. If such employee returns to work, or is
23able to do so, and earns or is able to earn part but not as
24much as before the accident, such award shall be modified so as
25to conform to an award under paragraph (d) of this Section. If
26such award is terminated or reduced under the provisions of

 

 

SB3125- 29 -LRB103 38041 SPS 68173 b

1this paragraph, such employees have the right at any time
2within 30 months after the date of such termination or
3reduction to file petition with the Commission for the purpose
4of determining whether any disability exists as a result of
5the original accidental injury and the extent thereof.
6    Disability as enumerated in subdivision 18, paragraph (e)
7of this Section is considered complete disability.
8    If an employee who had previously incurred loss or the
9permanent and complete loss of use of one member, through the
10loss or the permanent and complete loss of the use of one hand,
11one arm, one foot, one leg, or one eye, incurs permanent and
12complete disability through the loss or the permanent and
13complete loss of the use of another member, he shall receive,
14in addition to the compensation payable by the employer and
15after such payments have ceased, an amount from the Second
16Injury Fund provided for in paragraph (f) of Section 7, which,
17together with the compensation payable from the employer in
18whose employ he was when the last accidental injury was
19incurred, will equal the amount payable for permanent and
20complete disability as provided in this paragraph of this
21Section.
22    The custodian of the Second Injury Fund provided for in
23paragraph (f) of Section 7 shall be joined with the employer as
24a party respondent in the application for adjustment of claim.
25The application for adjustment of claim shall state briefly
26and in general terms the approximate time and place and manner

 

 

SB3125- 30 -LRB103 38041 SPS 68173 b

1of the loss of the first member.
2    In its award the Commission or the Arbitrator shall
3specifically find the amount the injured employee shall be
4weekly paid, the number of weeks compensation which shall be
5paid by the employer, the date upon which payments begin out of
6the Second Injury Fund provided for in paragraph (f) of
7Section 7 of this Act, the length of time the weekly payments
8continue, the date upon which the pension payments commence
9and the monthly amount of the payments. The Commission shall
1030 days after the date upon which payments out of the Second
11Injury Fund have begun as provided in the award, and every
12month thereafter, prepare and submit to the State Comptroller
13a voucher for payment for all compensation accrued to that
14date at the rate fixed by the Commission. The State
15Comptroller shall draw a warrant to the injured employee along
16with a receipt to be executed by the injured employee and
17returned to the Commission. The endorsed warrant and receipt
18is a full and complete acquittance to the Commission for the
19payment out of the Second Injury Fund. No other appropriation
20or warrant is necessary for payment out of the Second Injury
21Fund. The Second Injury Fund is appropriated for the purpose
22of making payments according to the terms of the awards.
23    As of July 1, 1980 to July 1, 1982, all claims against and
24obligations of the Second Injury Fund shall become claims
25against and obligations of the Rate Adjustment Fund to the
26extent there is insufficient money in the Second Injury Fund

 

 

SB3125- 31 -LRB103 38041 SPS 68173 b

1to pay such claims and obligations. In that case, all
2references to "Second Injury Fund" in this Section shall also
3include the Rate Adjustment Fund.
4    (g) Every award for permanent total disability entered by
5the Commission on and after July 1, 1965 under which
6compensation payments shall become due and payable after the
7effective date of this amendatory Act, and every award for
8death benefits or permanent total disability entered by the
9Commission on and after the effective date of this amendatory
10Act shall be subject to annual adjustments as to the amount of
11the compensation rate therein provided. Such adjustments shall
12first be made on July 15, 1977, and all awards made and entered
13prior to July 1, 1975 and on July 15 of each year thereafter.
14In all other cases such adjustment shall be made on July 15 of
15the second year next following the date of the entry of the
16award and shall further be made on July 15 annually
17thereafter. If during the intervening period from the date of
18the entry of the award, or the last periodic adjustment, there
19shall have been an increase in the State's average weekly wage
20in covered industries under the Unemployment Insurance Act,
21the weekly compensation rate shall be proportionately
22increased by the same percentage as the percentage of increase
23in the State's average weekly wage in covered industries under
24the Unemployment Insurance Act. The increase in the
25compensation rate under this paragraph shall in no event bring
26the total compensation rate to an amount greater than the

 

 

SB3125- 32 -LRB103 38041 SPS 68173 b

1prevailing maximum rate at the time that the annual adjustment
2is made. Such increase shall be paid in the same manner as
3herein provided for payments under the Second Injury Fund to
4the injured employee, or his dependents, as the case may be,
5out of the Rate Adjustment Fund provided in paragraph (f) of
6Section 7 of this Act. Payments shall be made at the same
7intervals as provided in the award or, at the option of the
8Commission, may be made in quarterly payment on the 15th day of
9January, April, July and October of each year. In the event of
10a decrease in such average weekly wage there shall be no change
11in the then existing compensation rate. The within paragraph
12shall not apply to cases where there is disputed liability and
13in which a compromise lump sum settlement between the employer
14and the injured employee, or his dependents, as the case may
15be, has been duly approved by the Illinois Workers'
16Compensation Commission.
17    Provided, that in cases of awards entered by the
18Commission for injuries occurring before July 1, 1975, the
19increases in the compensation rate adjusted under the
20foregoing provision of this paragraph (g) shall be limited to
21increases in the State's average weekly wage in covered
22industries under the Unemployment Insurance Act occurring
23after July 1, 1975.
24    For every accident occurring on or after July 20, 2005 but
25before the effective date of this amendatory Act of the 94th
26General Assembly (Senate Bill 1283 of the 94th General

 

 

SB3125- 33 -LRB103 38041 SPS 68173 b

1Assembly), the annual adjustments to the compensation rate in
2awards for death benefits or permanent total disability, as
3provided in this Act, shall be paid by the employer. The
4adjustment shall be made by the employer on July 15 of the
5second year next following the date of the entry of the award
6and shall further be made on July 15 annually thereafter. If
7during the intervening period from the date of the entry of the
8award, or the last periodic adjustment, there shall have been
9an increase in the State's average weekly wage in covered
10industries under the Unemployment Insurance Act, the employer
11shall increase the weekly compensation rate proportionately by
12the same percentage as the percentage of increase in the
13State's average weekly wage in covered industries under the
14Unemployment Insurance Act. The increase in the compensation
15rate under this paragraph shall in no event bring the total
16compensation rate to an amount greater than the prevailing
17maximum rate at the time that the annual adjustment is made. In
18the event of a decrease in such average weekly wage there shall
19be no change in the then existing compensation rate. Such
20increase shall be paid by the employer in the same manner and
21at the same intervals as the payment of compensation in the
22award. This paragraph shall not apply to cases where there is
23disputed liability and in which a compromise lump sum
24settlement between the employer and the injured employee, or
25his or her dependents, as the case may be, has been duly
26approved by the Illinois Workers' Compensation Commission.

 

 

SB3125- 34 -LRB103 38041 SPS 68173 b

1    The annual adjustments for every award of death benefits
2or permanent total disability involving accidents occurring
3before July 20, 2005 and accidents occurring on or after the
4effective date of this amendatory Act of the 94th General
5Assembly (Senate Bill 1283 of the 94th General Assembly) shall
6continue to be paid from the Rate Adjustment Fund pursuant to
7this paragraph and Section 7(f) of this Act.
8    (h) In case death occurs from any cause before the total
9compensation to which the employee would have been entitled
10has been paid, then in case the employee leaves any widow,
11widower, child, parent (or any grandchild, grandparent or
12other lineal heir or any collateral heir dependent at the time
13of the accident upon the earnings of the employee to the extent
14of 50% or more of total dependency) such compensation shall be
15paid to the beneficiaries of the deceased employee and
16distributed as provided in paragraph (g) of Section 7.
17    (h-1) In case an injured employee is under legal
18disability at the time when any right or privilege accrues to
19him or her under this Act, a guardian may be appointed pursuant
20to law, and may, on behalf of such person under legal
21disability, claim and exercise any such right or privilege
22with the same effect as if the employee himself or herself had
23claimed or exercised the right or privilege. No limitations of
24time provided by this Act run so long as the employee who is
25under legal disability is without a conservator or guardian.
26    (i) In case the injured employee is under 16 years of age

 

 

SB3125- 35 -LRB103 38041 SPS 68173 b

1at the time of the accident and is illegally employed, the
2amount of compensation payable under paragraphs (b), (c), (d),
3(e) and (f) of this Section is increased 50%.
4    However, where an employer has on file an employment
5certificate issued pursuant to the Child Labor Law or work
6permit issued pursuant to the Federal Fair Labor Standards
7Act, as amended, or a birth certificate properly and duly
8issued, such certificate, permit or birth certificate is
9conclusive evidence as to the age of the injured minor
10employee for the purposes of this Section.
11    Nothing herein contained repeals or amends the provisions
12of the Child Labor Law relating to the employment of minors
13under the age of 16 years.
14    (j) 1. In the event the injured employee receives
15benefits, including medical, surgical or hospital benefits
16under any group plan covering non-occupational disabilities
17contributed to wholly or partially by the employer, which
18benefits should not have been payable if any rights of
19recovery existed under this Act, then such amounts so paid to
20the employee from any such group plan as shall be consistent
21with, and limited to, the provisions of paragraph 2 hereof,
22shall be credited to or against any compensation payment for
23temporary total incapacity for work or any medical, surgical
24or hospital benefits made or to be made under this Act. In such
25event, the period of time for giving notice of accidental
26injury and filing application for adjustment of claim does not

 

 

SB3125- 36 -LRB103 38041 SPS 68173 b

1commence to run until the termination of such payments. This
2paragraph does not apply to payments made under any group plan
3which would have been payable irrespective of an accidental
4injury under this Act. Any employer receiving such credit
5shall keep such employee safe and harmless from any and all
6claims or liabilities that may be made against him by reason of
7having received such payments only to the extent of such
8credit.
9    Any excess benefits paid to or on behalf of a State
10employee by the State Employees' Retirement System under
11Article 14 of the Illinois Pension Code on a death claim or
12disputed disability claim shall be credited against any
13payments made or to be made by the State of Illinois to or on
14behalf of such employee under this Act, except for payments
15for medical expenses which have already been incurred at the
16time of the award. The State of Illinois shall directly
17reimburse the State Employees' Retirement System to the extent
18of such credit.
19    2. Nothing contained in this Act shall be construed to
20give the employer or the insurance carrier the right to credit
21for any benefits or payments received by the employee other
22than compensation payments provided by this Act, and where the
23employee receives payments other than compensation payments,
24whether as full or partial salary, group insurance benefits,
25bonuses, annuities or any other payments, the employer or
26insurance carrier shall receive credit for each such payment

 

 

SB3125- 37 -LRB103 38041 SPS 68173 b

1only to the extent of the compensation that would have been
2payable during the period covered by such payment.
3    3. The extension of time for the filing of an Application
4for Adjustment of Claim as provided in paragraph 1 above shall
5not apply to those cases where the time for such filing had
6expired prior to the date on which payments or benefits
7enumerated herein have been initiated or resumed. Provided
8however that this paragraph 3 shall apply only to cases
9wherein the payments or benefits hereinabove enumerated shall
10be received after July 1, 1969.
11(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;
1297-813, eff. 7-13-12.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.