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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Workers' Compensation Act is amended by | |||||||||||||||||||||
5 | changing Section 8 as follows:
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6 | (820 ILCS 305/8) (from Ch. 48, par. 138.8)
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7 | Sec. 8. The amount of compensation which shall be paid to | |||||||||||||||||||||
8 | the
employee for an accidental injury not resulting in death | |||||||||||||||||||||
9 | is:
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10 | (a) The employer shall provide and pay the negotiated rate, | |||||||||||||||||||||
11 | if applicable, or the lesser of the health care provider's | |||||||||||||||||||||
12 | actual charges or according to a fee schedule, subject to | |||||||||||||||||||||
13 | Section 8.2, in effect at the time the service was rendered for | |||||||||||||||||||||
14 | all the necessary first
aid, medical and surgical services, and | |||||||||||||||||||||
15 | all necessary medical, surgical
and hospital services | |||||||||||||||||||||
16 | thereafter incurred, limited, however, to that
which is | |||||||||||||||||||||
17 | reasonably required to cure or relieve from the effects of the
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18 | accidental injury, even if a health care provider sells, | |||||||||||||||||||||
19 | transfers, or otherwise assigns an account receivable for | |||||||||||||||||||||
20 | procedures, treatments, or services covered under this Act. If | |||||||||||||||||||||
21 | the employer does not dispute payment of first aid, medical, | |||||||||||||||||||||
22 | surgical,
and hospital services, the employer shall make such | |||||||||||||||||||||
23 | payment to the provider on behalf of the employee. The employer |
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1 | shall also pay for treatment,
instruction and training | ||||||
2 | necessary for the physical, mental and
vocational | ||||||
3 | rehabilitation of the employee, including all maintenance
| ||||||
4 | costs and expenses incidental thereto. If as a result of the | ||||||
5 | injury the
employee is unable to be self-sufficient the | ||||||
6 | employer shall further pay
for such maintenance or | ||||||
7 | institutional care as shall be required.
| ||||||
8 | The employer shall have the right to select the medical | ||||||
9 | provider and shall be permitted to establish or contract with | ||||||
10 | one or more networks of medical providers. If the employer | ||||||
11 | utilizes a provider network, the employee shall have the right | ||||||
12 | to select any provider participating in the network. In the | ||||||
13 | event the employee is not satisfied with the provider first | ||||||
14 | selected, the employee shall have the right to make an | ||||||
15 | alternative choice of provider participating in the network. In | ||||||
16 | the event that the Commission finds that a provider selected by | ||||||
17 | the employer is rendering improper or inadequate care, the | ||||||
18 | Commission may permit the employee to select a | ||||||
19 | non-participating provider that is certified or qualified in | ||||||
20 | the medical field for which treatment is required. If the | ||||||
21 | employee refuses to make such change, the Commission may | ||||||
22 | relieve the employer of his or her obligation to pay the | ||||||
23 | provider's charges from the date of refusal to the date of | ||||||
24 | compliance. | ||||||
25 | The employee may at any time elect to secure his own | ||||||
26 | physician,
surgeon and hospital services at the employer's |
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1 | expense, or, | ||||||
2 | Upon agreement between the employer and the employees, or | ||||||
3 | the employees'
exclusive representative, and subject to the | ||||||
4 | approval of the Illinois Workers' Compensation
Commission, the | ||||||
5 | employer shall maintain a list of physicians, to be
known as a | ||||||
6 | Panel of Physicians, who are accessible to the employees.
The | ||||||
7 | employer shall post this list in a place or places easily | ||||||
8 | accessible
to his employees. The employee shall have the right | ||||||
9 | to make an
alternative choice of physician from such Panel if | ||||||
10 | he is not satisfied
with the physician first selected. If, due | ||||||
11 | to the nature of the injury
or its occurrence away from the | ||||||
12 | employer's place of business, the
employee is unable to make a | ||||||
13 | selection from the Panel, the selection
process from the Panel | ||||||
14 | shall not apply. The physician selected from the
Panel may | ||||||
15 | arrange for any consultation, referral or other specialized
| ||||||
16 | medical services outside the Panel at the employer's expense. | ||||||
17 | Provided
that, in the event the Commission shall find that a | ||||||
18 | doctor selected by
the employee is rendering improper or | ||||||
19 | inadequate care, the Commission
may order the employee to | ||||||
20 | select another doctor certified or qualified
in the medical | ||||||
21 | field for which treatment is required. If the employee
refuses | ||||||
22 | to make such change the Commission may relieve the employer of
| ||||||
23 | his obligation to pay the doctor's charges from the date of | ||||||
24 | refusal to
the date of compliance.
| ||||||
25 | Any vocational rehabilitation counselors who provide | ||||||
26 | service under this Act shall have
appropriate certifications |
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1 | which designate the counselor as qualified to render
opinions | ||||||
2 | relating to vocational rehabilitation. Vocational | ||||||
3 | rehabilitation
may include, but is not limited to, counseling | ||||||
4 | for job searches, supervising
a job search program, and | ||||||
5 | vocational retraining including education at an
accredited | ||||||
6 | learning institution. The employee or employer may petition to | ||||||
7 | the Commission to decide disputes relating to vocational | ||||||
8 | rehabilitation and the Commission shall resolve any such | ||||||
9 | dispute, including payment of the vocational rehabilitation | ||||||
10 | program by the employer. | ||||||
11 | The maintenance benefit shall not be less than the | ||||||
12 | temporary total disability
rate determined for the employee. In | ||||||
13 | addition, maintenance shall include costs
and expenses | ||||||
14 | incidental to the vocational rehabilitation program. | ||||||
15 | When the employee is working light duty on a part-time | ||||||
16 | basis or full-time
basis
and earns less than he or she would be | ||||||
17 | earning if employed in the full capacity
of the job or jobs, | ||||||
18 | then the employee shall be entitled to temporary partial | ||||||
19 | disability benefits. Temporary partial disability benefits | ||||||
20 | shall be
equal to two-thirds of
the difference between the | ||||||
21 | average amount that the employee would be able to
earn in the | ||||||
22 | full performance of his or her duties in the occupation in | ||||||
23 | which he
or she was engaged at the time of accident and the | ||||||
24 | gross amount which he or she
is
earning in the modified job | ||||||
25 | provided to the employee by the employer or in any other job | ||||||
26 | that the employee is working. |
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1 | Every hospital, physician, surgeon or other person | ||||||
2 | rendering
treatment or services in accordance with the | ||||||
3 | provisions of this Section
shall upon written request furnish | ||||||
4 | full and complete reports thereof to,
and permit their records | ||||||
5 | to be copied by, the employer, the employee or
his dependents, | ||||||
6 | as the case may be, or any other party to any proceeding
for | ||||||
7 | compensation before the Commission, or their attorneys.
| ||||||
8 | Notwithstanding the foregoing, the employer's liability to | ||||||
9 | pay for such
medical services selected by the employee shall be | ||||||
10 | limited to:
| ||||||
11 | (1) all first aid and emergency treatment; plus
| ||||||
12 | (2) all medical, surgical and hospital services | ||||||
13 | provided by the
physician, surgeon or hospital initially | ||||||
14 | chosen by the employee or by any
other physician, | ||||||
15 | consultant, expert, institution or other provider of
| ||||||
16 | services recommended by said initial service provider or | ||||||
17 | any subsequent
provider of medical services in the chain of | ||||||
18 | referrals from said
initial service provider; plus
| ||||||
19 | (3) all medical, surgical and hospital services | ||||||
20 | provided by any second
physician, surgeon or hospital | ||||||
21 | subsequently chosen by the employee or by
any other | ||||||
22 | physician, consultant, expert, institution or other | ||||||
23 | provider of
services recommended by said second service | ||||||
24 | provider or any subsequent provider
of medical services in | ||||||
25 | the chain of referrals
from said second service provider. | ||||||
26 | Thereafter the employer shall select
and pay for all |
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| |||||||
1 | necessary medical, surgical and hospital treatment and the
| ||||||
2 | employee may not select a provider of medical services at | ||||||
3 | the employer's
expense unless the employer agrees to such | ||||||
4 | selection. At any time the employee
may obtain any medical | ||||||
5 | treatment he desires at his own expense. This paragraph
| ||||||
6 | shall not affect the duty to pay for rehabilitation | ||||||
7 | referred to above.
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8 | (4) The following shall apply for injuries occurring on | ||||||
9 | or after June 28, 2011 (the effective date of Public Act | ||||||
10 | 97-18) and only when an employer has an approved preferred | ||||||
11 | provider program pursuant to Section 8.1a on the date the | ||||||
12 | employee sustained his or her accidental injuries: | ||||||
13 | (A) The employer shall, in writing, on a form | ||||||
14 | promulgated by the Commission, inform the employee of | ||||||
15 | the preferred provider program; | ||||||
16 | (B) Subsequent to the report of an injury by an | ||||||
17 | employee, the employee may choose in writing at any | ||||||
18 | time to decline the preferred provider program, in | ||||||
19 | which case that would constitute one of the two choices | ||||||
20 | of medical providers to which the employee is entitled | ||||||
21 | under subsection (a)(2) or (a)(3); and | ||||||
22 | (C) Prior to the report of an injury by an | ||||||
23 | employee, when an employee chooses non-emergency | ||||||
24 | treatment from a provider not within the preferred | ||||||
25 | provider program, that would constitute the employee's | ||||||
26 | one choice of medical providers to which the employee |
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1 | is entitled under subsection (a)(2) or (a)(3). | ||||||
2 | When an employer and employee so agree in writing, nothing | ||||||
3 | in this
Act prevents an employee whose injury or disability has | ||||||
4 | been established
under this Act, from relying in good faith, on | ||||||
5 | treatment by prayer or
spiritual means alone, in accordance | ||||||
6 | with the tenets and practice of a
recognized church or | ||||||
7 | religious denomination, by a duly accredited
practitioner | ||||||
8 | thereof, and having nursing services appropriate therewith,
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9 | without suffering loss or diminution of the compensation | ||||||
10 | benefits under
this Act. However, the employee shall submit to | ||||||
11 | all physical
examinations required by this Act. The cost of | ||||||
12 | such treatment and
nursing care shall be paid by the employee | ||||||
13 | unless the employer agrees to
make such payment.
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14 | Where the accidental injury results in the amputation of an | ||||||
15 | arm,
hand, leg or foot, or the enucleation of an eye, or the | ||||||
16 | loss of any of
the natural teeth, the employer shall furnish an | ||||||
17 | artificial of any such
members lost or damaged in accidental | ||||||
18 | injury arising out of and in the
course of employment, and | ||||||
19 | shall also furnish the necessary braces in all
proper and | ||||||
20 | necessary cases. In cases of the loss of a member or members
by | ||||||
21 | amputation, the employer shall, whenever necessary, maintain | ||||||
22 | in good
repair, refit or replace the artificial limbs during | ||||||
23 | the lifetime of the
employee. Where the accidental injury | ||||||
24 | accompanied by physical injury
results in damage to a denture, | ||||||
25 | eye glasses or contact eye lenses, or
where the accidental | ||||||
26 | injury results in damage to an artificial member,
the employer |
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1 | shall replace or repair such denture, glasses, lenses, or
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2 | artificial member.
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3 | The furnishing by the employer of any such services or | ||||||
4 | appliances is
not an admission of liability on the part of the | ||||||
5 | employer to pay
compensation.
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6 | The furnishing of any such services or appliances or the | ||||||
7 | servicing
thereof by the employer is not the payment of | ||||||
8 | compensation.
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9 | (b) If the period of temporary total incapacity for work | ||||||
10 | lasts more
than 3 working days, weekly compensation as | ||||||
11 | hereinafter provided shall
be paid beginning on the 4th day of | ||||||
12 | such temporary total incapacity and
continuing as long as the | ||||||
13 | total temporary incapacity lasts. In cases
where the temporary | ||||||
14 | total incapacity for work continues for a period of
14 days or | ||||||
15 | more from the day of the accident compensation shall commence
| ||||||
16 | on the day after the accident.
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17 | 1. The compensation rate for temporary total | ||||||
18 | incapacity under this
paragraph (b) of this Section shall | ||||||
19 | be equal to 66 2/3% of the
employee's average weekly wage | ||||||
20 | computed in accordance with Section 10,
provided that it | ||||||
21 | shall be not less than 66 2/3% of the sum of the Federal | ||||||
22 | minimum wage under the Fair Labor
Standards Act, or the | ||||||
23 | Illinois minimum wage under the Minimum Wage Law,
whichever | ||||||
24 | is more, multiplied by 40 hours. This percentage rate shall | ||||||
25 | be
increased by 10% for each spouse and child, not to | ||||||
26 | exceed 100% of the total
minimum wage calculation,
nor |
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1 | exceed the employee's average weekly wage computed in | ||||||
2 | accordance
with the provisions of Section 10, whichever is | ||||||
3 | less.
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4 | 2. The compensation rate in all cases other than for | ||||||
5 | temporary total
disability under this paragraph (b), and | ||||||
6 | other than for serious and
permanent disfigurement under | ||||||
7 | paragraph (c) and other than for permanent
partial | ||||||
8 | disability under subparagraph (2) of paragraph (d) or under
| ||||||
9 | paragraph (e), of this Section shall be equal to 66
2/3% of | ||||||
10 | the employee's average weekly wage computed in accordance | ||||||
11 | with
the provisions of Section 10, provided that it shall | ||||||
12 | be not less than
66 2/3% of the sum of the Federal minimum | ||||||
13 | wage under the Fair Labor Standards Act, or the Illinois | ||||||
14 | minimum wage under the Minimum Wage Law, whichever is more, | ||||||
15 | multiplied by 40 hours. This percentage rate shall be | ||||||
16 | increased by 10% for each spouse and child, not to exceed | ||||||
17 | 100% of the total minimum wage calculation,
nor exceed the | ||||||
18 | employee's average weekly wage computed in accordance
with | ||||||
19 | the provisions of Section 10, whichever is less.
| ||||||
20 | 2.1. The compensation rate in all cases of serious and | ||||||
21 | permanent
disfigurement under paragraph (c) and of | ||||||
22 | permanent partial disability
under subparagraph (2) of | ||||||
23 | paragraph (d) or under paragraph (e) of this
Section shall | ||||||
24 | be equal to
60% of the employee's average
weekly wage | ||||||
25 | computed in accordance with
the provisions of Section 10, | ||||||
26 | provided that it shall be not less than
66 2/3% of the sum |
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1 | of the Federal minimum wage under the Fair Labor Standards | ||||||
2 | Act, or the Illinois minimum wage under the Minimum Wage | ||||||
3 | Law, whichever is more, multiplied by 40 hours. This | ||||||
4 | percentage rate shall be increased by 10% for each spouse | ||||||
5 | and child, not to exceed 100% of the total minimum wage | ||||||
6 | calculation,
nor exceed the employee's average weekly wage | ||||||
7 | computed in accordance
with the provisions of Section 10, | ||||||
8 | whichever is less.
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9 | 3. As used in this Section the term "child" means a | ||||||
10 | child of the
employee including any child legally adopted | ||||||
11 | before the accident or whom
at the time of the accident the | ||||||
12 | employee was under legal obligation to
support or to whom | ||||||
13 | the employee stood in loco parentis, and who at the
time of | ||||||
14 | the accident was under 18 years of age and not emancipated. | ||||||
15 | The
term "children" means the plural of "child".
| ||||||
16 | 4. All weekly compensation rates provided under | ||||||
17 | subparagraphs 1,
2 and 2.1 of this paragraph (b) of this | ||||||
18 | Section shall be subject to the
following limitations:
| ||||||
19 | The maximum weekly compensation rate from July 1, 1975, | ||||||
20 | except as
hereinafter provided, shall be 100% of the | ||||||
21 | State's average weekly wage in
covered industries under the | ||||||
22 | Unemployment Insurance Act, that being the
wage that most | ||||||
23 | closely approximates the State's average weekly wage.
| ||||||
24 | The maximum weekly compensation rate, for the period | ||||||
25 | July 1, 1984,
through June 30, 1987, except as hereinafter | ||||||
26 | provided, shall be $293.61.
Effective July 1, 1987 and on |
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| |||||||
1 | July 1 of each year thereafter the maximum
weekly | ||||||
2 | compensation rate, except as hereinafter provided, shall | ||||||
3 | be
determined as follows: if during the preceding 12 month | ||||||
4 | period there shall
have been an increase in the State's | ||||||
5 | average weekly wage in covered
industries under the | ||||||
6 | Unemployment Insurance Act, the weekly compensation
rate | ||||||
7 | shall be proportionately increased by the same percentage | ||||||
8 | as the
percentage of increase in the State's average weekly | ||||||
9 | wage in covered
industries under the Unemployment | ||||||
10 | Insurance Act during such period.
| ||||||
11 | The maximum weekly compensation rate, for the period | ||||||
12 | January 1, 1981
through December 31, 1983, except as | ||||||
13 | hereinafter provided, shall be 100% of
the State's average | ||||||
14 | weekly wage in covered industries under the
Unemployment | ||||||
15 | Insurance Act in effect on January 1, 1981. Effective | ||||||
16 | January
1, 1984 and on January 1, of each year thereafter | ||||||
17 | the maximum weekly
compensation rate, except as | ||||||
18 | hereinafter provided, shall be determined as
follows: if | ||||||
19 | during the preceding 12 month period there shall have been | ||||||
20 | an
increase in the State's average weekly wage in covered | ||||||
21 | industries under the
Unemployment Insurance Act, the | ||||||
22 | weekly compensation rate shall be
proportionately | ||||||
23 | increased by the same percentage as the percentage of
| ||||||
24 | increase in the State's average weekly wage in covered | ||||||
25 | industries under the
Unemployment Insurance Act during | ||||||
26 | such period.
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| |||||||
1 | From July 1, 1977 and thereafter such maximum weekly | ||||||
2 | compensation
rate in death cases under Section 7, and | ||||||
3 | permanent total disability
cases under paragraph (f) or | ||||||
4 | subparagraph 18 of paragraph (3) of this
Section and for | ||||||
5 | temporary total disability under paragraph (b) of this
| ||||||
6 | Section and for amputation of a member or enucleation of an | ||||||
7 | eye under
paragraph (e) of this Section shall be increased | ||||||
8 | to 133-1/3% of the
State's average weekly wage in covered | ||||||
9 | industries under the
Unemployment Insurance Act.
| ||||||
10 | For injuries occurring on or after February 1, 2006, | ||||||
11 | the maximum weekly benefit under paragraph (d)1 of this | ||||||
12 | Section shall be 100% of the State's average weekly wage in | ||||||
13 | covered industries under the Unemployment Insurance Act.
| ||||||
14 | 4.1. Any provision herein to the contrary | ||||||
15 | notwithstanding, the
weekly compensation rate for | ||||||
16 | compensation payments under subparagraph 18
of paragraph | ||||||
17 | (e) of this Section and under paragraph (f) of this
Section | ||||||
18 | and under paragraph (a) of Section 7 and for amputation of | ||||||
19 | a member or enucleation of an eye under paragraph (e) of | ||||||
20 | this Section, shall in no event be less
than 50% of the | ||||||
21 | State's average weekly wage in covered industries under
the | ||||||
22 | Unemployment Insurance Act.
| ||||||
23 | 4.2. Any provision to the contrary notwithstanding, | ||||||
24 | the total
compensation payable under Section 7 shall not | ||||||
25 | exceed the greater of $500,000
or 25
years.
| ||||||
26 | 5. For the purpose of this Section this State's average |
| |||||||
| |||||||
1 | weekly wage
in covered industries under the Unemployment | ||||||
2 | Insurance Act on
July 1, 1975 is hereby fixed at $228.16 | ||||||
3 | per
week and the computation of compensation rates shall be | ||||||
4 | based on the
aforesaid average weekly wage until modified | ||||||
5 | as hereinafter provided.
| ||||||
6 | 6. The Department of Employment Security of the State | ||||||
7 | shall
on or before the first day of December, 1977, and on | ||||||
8 | or before the first
day of June, 1978, and on the first day | ||||||
9 | of each December and June of each
year thereafter, publish | ||||||
10 | the State's average weekly wage in covered
industries under | ||||||
11 | the Unemployment Insurance Act and the Illinois Workers' | ||||||
12 | Compensation
Commission shall on the 15th day of January, | ||||||
13 | 1978 and on the 15th day of
July, 1978 and on the 15th day | ||||||
14 | of each January and July of each year
thereafter, post and | ||||||
15 | publish the State's average weekly wage in covered
| ||||||
16 | industries under the Unemployment Insurance Act as last | ||||||
17 | determined and
published by the Department of Employment | ||||||
18 | Security. The amount when so
posted and published shall be | ||||||
19 | conclusive and shall be applicable as the
basis of | ||||||
20 | computation of compensation rates until the next posting | ||||||
21 | and
publication as aforesaid.
| ||||||
22 | 7. The payment of compensation by an employer or his | ||||||
23 | insurance
carrier to an injured employee shall not | ||||||
24 | constitute an admission of the
employer's liability to pay | ||||||
25 | compensation.
| ||||||
26 | (c) For any serious and permanent disfigurement to the |
| |||||||
| |||||||
1 | hand, head,
face, neck, arm, leg below the knee or the chest | ||||||
2 | above the axillary
line, the employee is entitled to | ||||||
3 | compensation for such disfigurement,
the amount determined by | ||||||
4 | agreement at any time or by arbitration under
this Act, at a | ||||||
5 | hearing not less than 6 months after the date of the
accidental | ||||||
6 | injury, which amount shall not exceed 150 weeks (if the | ||||||
7 | accidental injury occurs on or after the effective date of this | ||||||
8 | amendatory Act of the 94th General Assembly
but before February
| ||||||
9 | 1, 2006) or 162
weeks (if the accidental injury occurs on or | ||||||
10 | after February
1, 2006) at the
applicable rate provided in | ||||||
11 | subparagraph 2.1 of paragraph (b) of this Section.
| ||||||
12 | No compensation is payable under this paragraph where | ||||||
13 | compensation is
payable under paragraphs (d), (e) or (f) of | ||||||
14 | this Section.
| ||||||
15 | A duly appointed member of a fire department in a city, the | ||||||
16 | population of
which exceeds 500,000 according to the last | ||||||
17 | federal or State census, is
eligible for compensation under | ||||||
18 | this paragraph only where such serious and
permanent | ||||||
19 | disfigurement results from burns.
| ||||||
20 | (d) 1. If, after the accidental injury has been sustained, | ||||||
21 | the
employee as a result thereof becomes partially | ||||||
22 | incapacitated from
pursuing his usual and customary line of | ||||||
23 | employment, he shall, except in
cases compensated under the | ||||||
24 | specific schedule set forth in paragraph (e)
of this Section, | ||||||
25 | receive compensation for the duration of his
disability, | ||||||
26 | subject to the limitations as to maximum amounts fixed in
|
| |||||||
| |||||||
1 | paragraph (b) of this Section, equal to 66-2/3% of the | ||||||
2 | difference
between the average amount which he would be able to | ||||||
3 | earn in the full
performance of his duties in the occupation in | ||||||
4 | which he was engaged at
the time of the accident and the | ||||||
5 | average amount which he is earning or
is able to earn in some | ||||||
6 | suitable employment or business after the accident. For | ||||||
7 | accidental injuries that occur on or after September 1, 2011, | ||||||
8 | an award for wage differential under this subsection shall be | ||||||
9 | effective only until the employee reaches the age of 67 or 5 | ||||||
10 | years from the date the award becomes final, whichever is | ||||||
11 | later.
| ||||||
12 | 2. If, as a result of the accident, the employee sustains | ||||||
13 | serious
and permanent injuries not covered by paragraphs (c) | ||||||
14 | and (e) of this
Section or having sustained injuries covered by | ||||||
15 | the aforesaid
paragraphs (c) and (e), he shall have sustained | ||||||
16 | in addition thereto
other injuries which injuries do not | ||||||
17 | incapacitate him from pursuing the
duties of his employment but | ||||||
18 | which would disable him from pursuing other
suitable | ||||||
19 | occupations, or which have otherwise resulted in physical
| ||||||
20 | impairment; or if such injuries partially incapacitate him from | ||||||
21 | pursuing
the duties of his usual and customary line of | ||||||
22 | employment but do not
result in an impairment of earning | ||||||
23 | capacity, or having resulted in an
impairment of earning | ||||||
24 | capacity, the employee elects to waive his right
to recover | ||||||
25 | under the foregoing subparagraph 1 of paragraph (d) of this
| ||||||
26 | Section then in any of the foregoing events, he shall receive |
| |||||||
| |||||||
1 | in
addition to compensation for temporary total disability | ||||||
2 | under paragraph
(b) of this Section, compensation at the rate | ||||||
3 | provided in subparagraph 2.1
of paragraph (b) of this Section | ||||||
4 | for that percentage of 500 weeks that
the partial disability | ||||||
5 | resulting from the injuries covered by this
paragraph bears to | ||||||
6 | total disability. If the employee shall have
sustained a | ||||||
7 | fracture of one or more vertebra or fracture of the skull,
the | ||||||
8 | amount of compensation allowed under this Section shall be not | ||||||
9 | less
than 6 weeks for a fractured skull and 6 weeks for each | ||||||
10 | fractured
vertebra, and in the event the employee shall have | ||||||
11 | sustained a fracture
of any of the following facial bones: | ||||||
12 | nasal, lachrymal, vomer, zygoma,
maxilla, palatine or | ||||||
13 | mandible, the amount of compensation allowed under
this Section | ||||||
14 | shall be not less than 2 weeks for each such fractured
bone, | ||||||
15 | and for a fracture of each transverse process not less than 3
| ||||||
16 | weeks. In the event such injuries shall result in the loss of a | ||||||
17 | kidney,
spleen or lung, the amount of compensation allowed | ||||||
18 | under this Section
shall be not less than 10 weeks for each | ||||||
19 | such organ. Compensation
awarded under this subparagraph 2 | ||||||
20 | shall not take into consideration
injuries covered under | ||||||
21 | paragraphs (c) and (e) of this Section and the
compensation | ||||||
22 | provided in this paragraph shall not affect the employee's
| ||||||
23 | right to compensation payable under paragraphs (b), (c) and (e) | ||||||
24 | of this
Section for the disabilities therein covered.
| ||||||
25 | (e) For accidental injuries in the following schedule, the | ||||||
26 | employee
shall receive compensation for the period of temporary |
| |||||||
| |||||||
1 | total incapacity
for work resulting from such accidental | ||||||
2 | injury, under subparagraph 1 of
paragraph (b) of this Section, | ||||||
3 | and shall receive in addition thereto
compensation for a | ||||||
4 | further period for the specific loss herein
mentioned, but | ||||||
5 | shall not receive any compensation under any other
provisions | ||||||
6 | of this Act. The following listed amounts apply to either
the | ||||||
7 | loss of or the permanent and complete loss of use of the member
| ||||||
8 | specified, such compensation for the length of time as follows:
| ||||||
9 | 1. Thumb- | ||||||
10 | 70 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.
| ||||||
13 | 76
weeks if the accidental injury occurs on or | ||||||
14 | after February
1, 2006.
| ||||||
15 | 2. First, or index finger- | ||||||
16 | 40 weeks if the accidental injury occurs on or | ||||||
17 | after the effective date of this amendatory Act of the | ||||||
18 | 94th General Assembly
but before February
1, 2006.
| ||||||
19 | 43
weeks if the accidental injury occurs on or | ||||||
20 | after February
1, 2006.
| ||||||
21 | 3. Second, or middle finger- | ||||||
22 | 35 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 | 38
weeks if the accidental injury occurs on or | ||||||
26 | after February
1, 2006.
|
| |||||||
| |||||||
1 | 4. Third, or ring finger- | ||||||
2 | 25 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 | 27
weeks if the accidental injury occurs on or | ||||||
6 | after February
1, 2006.
| ||||||
7 | 5. Fourth, or little finger- | ||||||
8 | 20 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 | 22
weeks if the accidental injury occurs on or | ||||||
12 | after February
1, 2006.
| ||||||
13 | 6. Great toe- | ||||||
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 | 7. Each toe other than great toe- | ||||||
20 | 12 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 | 13
weeks if the accidental injury occurs on or | ||||||
24 | after February
1, 2006.
| ||||||
25 | 8. The loss of the first or distal phalanx of the thumb | ||||||
26 | or of any
finger or toe shall be considered to be equal to |
| |||||||
| |||||||
1 | the loss of one-half of
such thumb, finger or toe and the | ||||||
2 | compensation payable shall be one-half
of the amount above | ||||||
3 | specified. The loss of more than one phalanx shall
be | ||||||
4 | considered as the loss of the entire thumb, finger or toe. | ||||||
5 | In no
case shall the amount received for more than one | ||||||
6 | finger exceed the
amount provided in this schedule for the | ||||||
7 | loss of a hand.
| ||||||
8 | 9. Hand- | ||||||
9 | 190 weeks if the accidental injury occurs on or | ||||||
10 | after the effective date of this amendatory Act of the | ||||||
11 | 94th General Assembly
but before February
1, 2006.
| ||||||
12 | 205
weeks if the accidental injury occurs on or | ||||||
13 | after February
1, 2006. | ||||||
14 | 190 weeks if the accidental injury occurs on or | ||||||
15 | after June 28, 2011 (the effective date of Public Act | ||||||
16 | 97-18) and if the accidental injury involves carpal | ||||||
17 | tunnel syndrome due to repetitive or cumulative | ||||||
18 | trauma, in which case the permanent partial disability | ||||||
19 | shall not exceed 15% loss of use of the hand, except | ||||||
20 | for cause shown by clear and convincing evidence and in | ||||||
21 | which case the award shall not exceed 30% loss of use | ||||||
22 | of the hand. | ||||||
23 | The loss of 2 or more digits, or one or more
phalanges | ||||||
24 | of 2 or more digits, of a hand may be compensated on the | ||||||
25 | basis
of partial loss of use of a hand, provided, further, | ||||||
26 | that the loss of 4
digits, or the loss of use of 4 digits, |
| |||||||
| |||||||
1 | in the same hand shall
constitute the complete loss of a | ||||||
2 | hand.
| ||||||
3 | 10. Arm- | ||||||
4 | 235 weeks if the accidental injury occurs on or | ||||||
5 | after the effective date of this amendatory Act of the | ||||||
6 | 94th General Assembly
but before February
1, 2006.
| ||||||
7 | 253
weeks if the accidental injury occurs on or | ||||||
8 | after February
1, 2006. | ||||||
9 | Where an accidental injury results in the
amputation of | ||||||
10 | an arm below the elbow, such injury shall be compensated
as | ||||||
11 | a loss of an arm. Where an accidental injury results in the
| ||||||
12 | amputation of an arm above the elbow, compensation for an | ||||||
13 | additional 15 weeks (if the accidental injury occurs on or | ||||||
14 | after the effective date of this amendatory Act of the 94th | ||||||
15 | General Assembly
but before February
1, 2006) or an | ||||||
16 | additional 17
weeks (if the accidental injury occurs on or | ||||||
17 | after February
1, 2006) shall be paid, except where the | ||||||
18 | accidental injury results in the
amputation of an arm at | ||||||
19 | the shoulder joint, or so close to shoulder
joint that an | ||||||
20 | artificial arm cannot be used, or results in the
| ||||||
21 | disarticulation of an arm at the shoulder joint, in which | ||||||
22 | case
compensation for an additional 65 weeks (if the | ||||||
23 | accidental injury occurs on or after the effective date of | ||||||
24 | this amendatory Act of the 94th General Assembly
but before | ||||||
25 | February
1, 2006) or an additional 70
weeks (if the | ||||||
26 | accidental injury occurs on or after February
1, 2006)
|
| |||||||
| |||||||
1 | shall be paid.
| ||||||
2 | 11. Foot- | ||||||
3 | 155 weeks if the accidental injury occurs on or | ||||||
4 | after the effective date of this amendatory Act of the | ||||||
5 | 94th General Assembly
but before February
1, 2006.
| ||||||
6 | 167
weeks if the accidental injury occurs on or | ||||||
7 | after February
1, 2006.
| ||||||
8 | 12. Leg- | ||||||
9 | 200 weeks if the accidental injury occurs on or | ||||||
10 | after the effective date of this amendatory Act of the | ||||||
11 | 94th General Assembly
but before February
1, 2006.
| ||||||
12 | 215
weeks if the accidental injury occurs on or | ||||||
13 | after February
1, 2006. | ||||||
14 | Where an accidental injury results in the
amputation of | ||||||
15 | a leg below the knee, such injury shall be compensated as
| ||||||
16 | loss of a leg. Where an accidental injury results in the | ||||||
17 | amputation of a
leg above the knee, compensation for an | ||||||
18 | additional 25 weeks (if the accidental injury occurs on or | ||||||
19 | after the effective date of this amendatory Act of the 94th | ||||||
20 | General Assembly
but before February
1, 2006) or an | ||||||
21 | additional 27
weeks (if the accidental injury occurs on or | ||||||
22 | after February
1, 2006) shall be
paid, except where the | ||||||
23 | accidental injury results in the amputation of a
leg at the | ||||||
24 | hip joint, or so close to the hip joint that an artificial
| ||||||
25 | leg cannot be used, or results in the disarticulation of a | ||||||
26 | leg at the
hip joint, in which case compensation for an |
| |||||||
| |||||||
1 | additional 75 weeks (if the accidental injury occurs on or | ||||||
2 | after the effective date of this amendatory Act of the 94th | ||||||
3 | General Assembly
but before February
1, 2006) or an | ||||||
4 | additional 81
weeks (if the accidental injury occurs on or | ||||||
5 | after February
1, 2006) shall
be paid.
| ||||||
6 | 13. Eye- | ||||||
7 | 150 weeks if the accidental injury occurs on or | ||||||
8 | after the effective date of this amendatory Act of the | ||||||
9 | 94th General Assembly
but before February
1, 2006.
| ||||||
10 | 162
weeks if the accidental injury occurs on or | ||||||
11 | after February
1, 2006. | ||||||
12 | Where an accidental injury results in the
enucleation | ||||||
13 | of an eye, compensation for an additional 10 weeks (if the | ||||||
14 | accidental injury occurs on or after the effective date of | ||||||
15 | this amendatory Act of the 94th General Assembly
but before | ||||||
16 | February
1, 2006) or an additional 11
weeks (if the | ||||||
17 | accidental injury occurs on or after February
1, 2006)
| ||||||
18 | shall be
paid.
| ||||||
19 | 14. Loss of hearing of one ear- | ||||||
20 | 50 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 | 54
weeks if the accidental injury occurs on or | ||||||
24 | after February
1, 2006.
| ||||||
25 | Total and permanent loss of
hearing of both ears- | ||||||
26 | 200 weeks if the accidental injury occurs on or |
| |||||||
| |||||||
1 | after the effective date of this amendatory Act of the | ||||||
2 | 94th General Assembly
but before February
1, 2006. | ||||||
3 | 215
weeks if the accidental injury occurs on or | ||||||
4 | after February
1, 2006.
| ||||||
5 | 15. Testicle- | ||||||
6 | 50 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 | 54
weeks if the accidental injury occurs on or | ||||||
10 | after February
1, 2006.
| ||||||
11 | Both testicles- | ||||||
12 | 150 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 | 162
weeks if the accidental injury occurs on or | ||||||
16 | after February
1, 2006.
| ||||||
17 | 16. For the permanent partial loss of use of a member | ||||||
18 | or sight of an
eye, or hearing of an ear, compensation | ||||||
19 | during that proportion of the
number of weeks in the | ||||||
20 | foregoing schedule provided for the loss of such
member or | ||||||
21 | sight of an eye, or hearing of an ear, which the partial | ||||||
22 | loss
of use thereof bears to the total loss of use of such | ||||||
23 | member, or sight
of eye, or hearing of an ear.
| ||||||
24 | (a) Loss of hearing for compensation purposes | ||||||
25 | shall be
confined to the frequencies of 1,000, 2,000 | ||||||
26 | and 3,000 cycles per second.
Loss of hearing ability |
| |||||||
| |||||||
1 | for frequency tones above 3,000 cycles per second
are | ||||||
2 | not to be considered as constituting disability for | ||||||
3 | hearing.
| ||||||
4 | (b) The percent of hearing loss, for purposes of | ||||||
5 | the
determination of compensation claims for | ||||||
6 | occupational deafness,
shall be calculated as the | ||||||
7 | average in decibels for the thresholds
of hearing for | ||||||
8 | the frequencies of 1,000, 2,000 and 3,000 cycles per | ||||||
9 | second.
Pure tone air conduction audiometric | ||||||
10 | instruments, approved by
nationally recognized | ||||||
11 | authorities in this field, shall be used for measuring
| ||||||
12 | hearing loss. If the losses of hearing average 30 | ||||||
13 | decibels or less in the
3 frequencies, such losses of | ||||||
14 | hearing shall not then constitute any
compensable | ||||||
15 | hearing disability. If the losses of hearing average 85
| ||||||
16 | decibels or more in the 3 frequencies, then the same | ||||||
17 | shall constitute and
be total or 100% compensable | ||||||
18 | hearing loss.
| ||||||
19 | (c) In measuring hearing impairment, the lowest | ||||||
20 | measured
losses in each of the 3 frequencies shall be | ||||||
21 | added together and
divided by 3 to determine the | ||||||
22 | average decibel loss. For every decibel
of loss | ||||||
23 | exceeding 30 decibels an allowance of 1.82% shall be | ||||||
24 | made up to
the maximum of 100% which is reached at 85 | ||||||
25 | decibels.
| ||||||
26 | (d) If a hearing loss is established to have |
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
1 | existed on July 1, 1975 by
audiometric testing the | |||||||||||||||||||||||||||||||||||||||||||||
2 | employer shall not be liable for the previous loss
so | |||||||||||||||||||||||||||||||||||||||||||||
3 | established nor shall he be liable for any loss for | |||||||||||||||||||||||||||||||||||||||||||||
4 | which compensation
has been paid or awarded.
| |||||||||||||||||||||||||||||||||||||||||||||
5 | (e) No consideration shall be given to the question | |||||||||||||||||||||||||||||||||||||||||||||
6 | of
whether or not the ability of an employee to | |||||||||||||||||||||||||||||||||||||||||||||
7 | understand speech
is improved by the use of a hearing | |||||||||||||||||||||||||||||||||||||||||||||
8 | aid.
| |||||||||||||||||||||||||||||||||||||||||||||
9 | (f) No claim for loss of hearing due to industrial | |||||||||||||||||||||||||||||||||||||||||||||
10 | noise
shall be brought against an employer or allowed | |||||||||||||||||||||||||||||||||||||||||||||
11 | unless the employee has
been exposed for a period of | |||||||||||||||||||||||||||||||||||||||||||||
12 | time sufficient to cause permanent impairment
to noise | |||||||||||||||||||||||||||||||||||||||||||||
13 | levels in excess of the following:
| |||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
25 | This subparagraph (f) shall not be applied in cases of | |||||||||||||||||||||||||||||||||||||||||||||
26 | hearing loss
resulting from trauma or explosion.
|
| |||||||
| |||||||
1 | 17. In computing the compensation to be paid to any | ||||||
2 | employee who,
before the accident for which he claims | ||||||
3 | compensation, had before that
time sustained an injury | ||||||
4 | resulting in the loss by amputation or partial
loss by | ||||||
5 | amputation of any member, including hand, arm, thumb or | ||||||
6 | fingers,
leg, foot or any toes, such loss or partial loss | ||||||
7 | of any such member
shall be deducted from any award made | ||||||
8 | for the subsequent injury. For
the permanent loss of use or | ||||||
9 | the permanent partial loss of use of any
such member or the | ||||||
10 | partial loss of sight of an eye, for which
compensation has | ||||||
11 | been paid, then such loss shall be taken into
consideration | ||||||
12 | and deducted from any award for the subsequent injury.
| ||||||
13 | 18. The specific case of loss of both hands, both arms, | ||||||
14 | or both
feet, or both legs, or both eyes, or of any two | ||||||
15 | thereof, or the
permanent and complete loss of the use | ||||||
16 | thereof, constitutes total and
permanent disability, to be | ||||||
17 | compensated according to the compensation
fixed by | ||||||
18 | paragraph (f) of this Section. These specific cases of | ||||||
19 | total
and permanent disability do not exclude other cases.
| ||||||
20 | Any employee who has previously suffered the loss or | ||||||
21 | permanent and
complete loss of the use of any of such | ||||||
22 | members, and in a subsequent
independent accident loses | ||||||
23 | another or suffers the permanent and complete
loss of the | ||||||
24 | use of any one of such members the employer for whom the
| ||||||
25 | injured employee is working at the time of the last | ||||||
26 | independent accident
is liable to pay compensation only for |
| |||||||
| |||||||
1 | the loss or permanent and
complete loss of the use of the | ||||||
2 | member occasioned by the last
independent accident.
| ||||||
3 | 19. In a case of specific loss and the subsequent death | ||||||
4 | of such
injured employee from other causes than such injury | ||||||
5 | leaving a widow,
widower, or dependents surviving before | ||||||
6 | payment or payment in full for
such injury, then the amount | ||||||
7 | due for such injury is payable to the widow
or widower and, | ||||||
8 | if there be no widow or widower, then to such
dependents, | ||||||
9 | in the proportion which such dependency bears to total
| ||||||
10 | dependency.
| ||||||
11 | Beginning July 1, 1980, and every 6 months thereafter, the | ||||||
12 | Commission
shall examine the Second Injury Fund and when, after | ||||||
13 | deducting all
advances or loans made to such Fund, the amount | ||||||
14 | therein is $500,000
then the amount required to be paid by | ||||||
15 | employers pursuant to paragraph
(f) of Section 7 shall be | ||||||
16 | reduced by one-half. When the Second Injury Fund
reaches the | ||||||
17 | sum of $600,000 then the payments shall cease entirely.
| ||||||
18 | However, when the Second Injury Fund has been reduced to | ||||||
19 | $400,000, payment
of one-half of the amounts required by | ||||||
20 | paragraph (f) of Section 7
shall be resumed, in the manner | ||||||
21 | herein provided, and when the Second Injury
Fund has been | ||||||
22 | reduced to $300,000, payment of the full amounts required by
| ||||||
23 | paragraph (f) of Section 7 shall be resumed, in the manner | ||||||
24 | herein provided.
The Commission shall make the changes in | ||||||
25 | payment effective by
general order, and the changes in payment | ||||||
26 | become immediately effective
for all cases coming before the |
| |||||||
| |||||||
1 | Commission thereafter either by
settlement agreement or final | ||||||
2 | order, irrespective of the date of the
accidental injury.
| ||||||
3 | On August 1, 1996 and on February 1 and August 1 of each | ||||||
4 | subsequent year, the Commission
shall examine the special fund | ||||||
5 | designated as the "Rate
Adjustment Fund" and when, after | ||||||
6 | deducting all advances or loans made to
said fund, the amount | ||||||
7 | therein is $4,000,000, the amount required to be
paid by | ||||||
8 | employers pursuant to paragraph (f) of Section 7 shall be
| ||||||
9 | reduced by one-half. When the Rate Adjustment Fund reaches the | ||||||
10 | sum of
$5,000,000 the payment therein shall cease entirely. | ||||||
11 | However, when said
Rate Adjustment Fund has been reduced to | ||||||
12 | $3,000,000 the amounts required by
paragraph (f) of Section 7 | ||||||
13 | shall be resumed in the manner herein provided.
| ||||||
14 | (f) In case of complete disability, which renders the | ||||||
15 | employee
wholly and permanently incapable of work, or in the | ||||||
16 | specific case of
total and permanent disability as provided in | ||||||
17 | subparagraph 18 of
paragraph (e) of this Section, compensation | ||||||
18 | shall be payable at the rate
provided in subparagraph 2 of | ||||||
19 | paragraph (b) of this Section for life.
| ||||||
20 | An employee entitled to benefits under paragraph (f) of | ||||||
21 | this Section
shall also be entitled to receive from the Rate | ||||||
22 | Adjustment
Fund provided in paragraph (f) of Section 7 of the | ||||||
23 | supplementary benefits
provided in paragraph (g) of this | ||||||
24 | Section 8.
| ||||||
25 | If any employee who receives an award under this paragraph | ||||||
26 | afterwards
returns to work or is able to do so, and earns or is |
| |||||||
| |||||||
1 | able to earn as
much as before the accident, payments under | ||||||
2 | such award shall cease. If
such employee returns to work, or is | ||||||
3 | able to do so, and earns or is able
to earn part but not as much | ||||||
4 | as before the accident, such award shall be
modified so as to | ||||||
5 | conform to an award under paragraph (d) of this
Section. If | ||||||
6 | such award is terminated or reduced under the provisions of
| ||||||
7 | this paragraph, such employees have the right at any time | ||||||
8 | within 30
months after the date of such termination or | ||||||
9 | reduction to file petition
with the Commission for the purpose | ||||||
10 | of determining whether any
disability exists as a result of the | ||||||
11 | original accidental injury and the
extent thereof.
| ||||||
12 | Disability as enumerated in subdivision 18, paragraph (e) | ||||||
13 | of this
Section is considered complete disability.
| ||||||
14 | If an employee who had previously incurred loss or the | ||||||
15 | permanent and
complete loss of use of one member, through the | ||||||
16 | loss or the permanent
and complete loss of the use of one hand, | ||||||
17 | one arm, one foot, one leg, or
one eye, incurs permanent and | ||||||
18 | complete disability through the loss or
the permanent and | ||||||
19 | complete loss of the use of another member, he shall
receive, | ||||||
20 | in addition to the compensation payable by the employer and
| ||||||
21 | after such payments have ceased, an amount from the Second | ||||||
22 | Injury Fund
provided for in paragraph (f) of Section 7, which, | ||||||
23 | together with the
compensation payable from the employer in | ||||||
24 | whose employ he was when the
last accidental injury was | ||||||
25 | incurred, will equal the amount payable for
permanent and | ||||||
26 | complete disability as provided in this paragraph of this
|
| |||||||
| |||||||
1 | Section.
| ||||||
2 | The custodian of the Second Injury Fund provided for in | ||||||
3 | paragraph (f)
of Section 7 shall be joined with the employer as | ||||||
4 | a party respondent in
the application for adjustment of claim. | ||||||
5 | The application for adjustment
of claim shall state briefly and | ||||||
6 | in general terms the approximate time
and place and manner of | ||||||
7 | the loss of the first member.
| ||||||
8 | In its award the Commission or the Arbitrator shall | ||||||
9 | specifically find
the amount the injured employee shall be | ||||||
10 | weekly paid, the number of
weeks compensation which shall be | ||||||
11 | paid by the employer, the date upon
which payments begin out of | ||||||
12 | the Second Injury Fund provided for in
paragraph (f) of Section | ||||||
13 | 7 of this Act, the length of time the weekly
payments continue, | ||||||
14 | the date upon which the pension payments commence and
the | ||||||
15 | monthly amount of the payments. The Commission shall 30 days | ||||||
16 | after
the date upon which payments out of the Second Injury | ||||||
17 | Fund have begun as
provided in the award, and every month | ||||||
18 | thereafter, prepare and submit to
the State Comptroller a | ||||||
19 | voucher for payment for all compensation accrued
to that date | ||||||
20 | at the rate fixed by the Commission. The State Comptroller
| ||||||
21 | shall draw a warrant to the injured employee along with a | ||||||
22 | receipt to be
executed by the injured employee and returned to | ||||||
23 | the Commission. The
endorsed warrant and receipt is a full and | ||||||
24 | complete acquittance to the
Commission for the payment out of | ||||||
25 | the Second Injury Fund. No other
appropriation or warrant is | ||||||
26 | necessary for payment out of the Second
Injury Fund. The Second |
| |||||||
| |||||||
1 | Injury Fund is appropriated for the purpose of
making payments | ||||||
2 | according to the terms of the awards.
| ||||||
3 | As of July 1, 1980 to July 1, 1982, all claims against and | ||||||
4 | obligations
of the Second Injury Fund shall become claims | ||||||
5 | against and obligations of
the Rate Adjustment Fund to the | ||||||
6 | extent there is insufficient money in the
Second Injury Fund to | ||||||
7 | pay such claims and obligations. In that case, all
references | ||||||
8 | to "Second Injury Fund" in this Section shall also include the
| ||||||
9 | Rate Adjustment Fund.
| ||||||
10 | (g) Every award for permanent total disability entered by | ||||||
11 | the
Commission on and after July 1, 1965 under which | ||||||
12 | compensation payments
shall become due and payable after the | ||||||
13 | effective date of this amendatory
Act, and every award for | ||||||
14 | death benefits or permanent total disability
entered by the | ||||||
15 | Commission on and after the effective date of this
amendatory | ||||||
16 | Act shall be subject to annual adjustments as to the amount
of | ||||||
17 | the compensation rate therein provided. Such adjustments shall | ||||||
18 | first
be made on July 15, 1977, and all awards made and entered | ||||||
19 | prior to July
1, 1975 and on July 15 of each year
thereafter. | ||||||
20 | In all other cases such adjustment shall be made on July 15
of | ||||||
21 | the second year next following the date of the entry of the | ||||||
22 | award and
shall further be made on July 15 annually thereafter. | ||||||
23 | If during the
intervening period from the date of the entry of | ||||||
24 | the award, or the last
periodic adjustment, there shall have | ||||||
25 | been an increase in the State's
average weekly wage in covered | ||||||
26 | industries under the Unemployment
Insurance Act, the weekly |
| |||||||
| |||||||
1 | compensation rate shall be proportionately
increased by the | ||||||
2 | same percentage as the percentage of increase in the
State's | ||||||
3 | average weekly wage in covered industries under the
| ||||||
4 | Unemployment Insurance Act. The increase in the compensation | ||||||
5 | rate
under this paragraph shall in no event bring the total | ||||||
6 | compensation rate
to an amount greater than the prevailing | ||||||
7 | maximum rate at the time that the annual adjustment is made. | ||||||
8 | Such increase
shall be paid in the same manner as herein | ||||||
9 | provided for payments under
the Second Injury Fund to the | ||||||
10 | injured employee, or his dependents, as
the case may be, out of | ||||||
11 | the Rate Adjustment Fund provided
in paragraph (f) of Section 7 | ||||||
12 | of this Act. Payments shall be made at
the same intervals as | ||||||
13 | provided in the award or, at the option of the
Commission, may | ||||||
14 | be made in quarterly payment on the 15th day of January,
April, | ||||||
15 | July and October of each year. In the event of a decrease in
| ||||||
16 | such average weekly wage there shall be no change in the then | ||||||
17 | existing
compensation rate. The within paragraph shall not | ||||||
18 | apply to cases where
there is disputed liability and in which a | ||||||
19 | compromise lump sum settlement
between the employer and the | ||||||
20 | injured employee, or his dependents, as the
case may be, has | ||||||
21 | been duly approved by the Illinois Workers' Compensation
| ||||||
22 | Commission.
| ||||||
23 | Provided, that in cases of awards entered by the Commission | ||||||
24 | for
injuries occurring before July 1, 1975, the increases in | ||||||
25 | the
compensation rate adjusted under the foregoing provision of | ||||||
26 | this
paragraph (g) shall be limited to increases in the State's |
| |||||||
| |||||||
1 | average
weekly wage in covered industries under the | ||||||
2 | Unemployment Insurance Act
occurring after July 1, 1975.
| ||||||
3 | For every accident occurring on or after July 20, 2005 but | ||||||
4 | before the effective date of this amendatory Act of the 94th | ||||||
5 | General Assembly (Senate Bill 1283 of the 94th General | ||||||
6 | Assembly), the annual adjustments to the compensation rate in | ||||||
7 | awards for death benefits or permanent total disability, as | ||||||
8 | provided in this Act, shall be paid by the employer. The | ||||||
9 | adjustment shall be made by the employer on July 15 of the | ||||||
10 | second year next following the date of the entry of the award | ||||||
11 | and shall further be made on July 15 annually thereafter. If | ||||||
12 | during the intervening period from the date of the entry of the | ||||||
13 | award, or the last periodic adjustment, there shall have been | ||||||
14 | an increase in the State's average weekly wage in covered | ||||||
15 | industries under the Unemployment Insurance Act, the employer | ||||||
16 | shall increase the weekly compensation rate proportionately by | ||||||
17 | the same percentage as the percentage of increase in the | ||||||
18 | State's average weekly wage in covered industries under the | ||||||
19 | Unemployment Insurance Act. The increase in the compensation | ||||||
20 | rate under this paragraph shall in no event bring the total | ||||||
21 | compensation rate to an amount greater than the prevailing | ||||||
22 | maximum rate at the time that the annual adjustment is made. In | ||||||
23 | the event of a decrease in such average weekly wage there shall | ||||||
24 | be no change in the then existing compensation rate. Such | ||||||
25 | increase shall be paid by the employer in the same manner and | ||||||
26 | at the same intervals as the payment of compensation in the |
| |||||||
| |||||||
1 | award. This paragraph shall not apply to cases where there is | ||||||
2 | disputed liability and in which a compromise lump sum | ||||||
3 | settlement between the employer and the injured employee, or | ||||||
4 | his or her dependents, as the case may be, has been duly | ||||||
5 | approved by the Illinois Workers' Compensation Commission. | ||||||
6 | The annual adjustments for every award of death benefits or | ||||||
7 | permanent total disability involving accidents occurring | ||||||
8 | before July 20, 2005 and accidents occurring on or after the | ||||||
9 | effective date of this amendatory Act of the 94th General | ||||||
10 | Assembly (Senate Bill 1283 of the 94th General Assembly) shall | ||||||
11 | continue to be paid from the Rate Adjustment Fund pursuant to | ||||||
12 | this paragraph and Section 7(f) of this Act.
| ||||||
13 | (h) In case death occurs from any cause before the total
| ||||||
14 | compensation to which the employee would have been entitled has | ||||||
15 | been
paid, then in case the employee leaves any widow, widower, | ||||||
16 | child, parent
(or any grandchild, grandparent or other lineal | ||||||
17 | heir or any collateral
heir dependent at the time of the | ||||||
18 | accident upon the earnings of the
employee to the extent of 50% | ||||||
19 | or more of total dependency) such
compensation shall be paid to | ||||||
20 | the beneficiaries of the deceased employee
and distributed as | ||||||
21 | provided in paragraph (g) of Section 7.
| ||||||
22 | (h-1) In case an injured employee is under legal disability
| ||||||
23 | at the time when any right or privilege accrues to him or her | ||||||
24 | under this
Act, a guardian may be appointed pursuant to law, | ||||||
25 | and may, on behalf
of such person under legal disability, claim | ||||||
26 | and exercise any
such right or privilege with the same effect |
| |||||||
| |||||||
1 | as if the employee himself
or herself had claimed or exercised | ||||||
2 | the right or privilege. No limitations
of time provided by this | ||||||
3 | Act run so long as the employee who is under legal
disability | ||||||
4 | is without a conservator or guardian.
| ||||||
5 | (i) In case the injured employee is under 16 years of age | ||||||
6 | at the
time of the accident and is illegally employed, the | ||||||
7 | amount of
compensation payable under paragraphs (b), (c), (d), | ||||||
8 | (e) and (f) of this
Section is increased 50%.
| ||||||
9 | However, where an employer has on file an employment | ||||||
10 | certificate
issued pursuant to the Child Labor Law or work | ||||||
11 | permit issued pursuant
to the Federal Fair Labor Standards Act, | ||||||
12 | as amended, or a birth
certificate properly and duly issued, | ||||||
13 | such certificate, permit or birth
certificate is conclusive | ||||||
14 | evidence as to the age of the injured minor
employee for the | ||||||
15 | purposes of this Section.
| ||||||
16 | Nothing herein contained repeals or amends the provisions | ||||||
17 | of the
Child Labor Law relating to the employment of minors | ||||||
18 | under the age of 16 years.
| ||||||
19 | (j) 1. In the event the injured employee receives benefits,
| ||||||
20 | including medical, surgical or hospital benefits under any | ||||||
21 | group plan
covering non-occupational disabilities contributed | ||||||
22 | to wholly or
partially by the employer, which benefits should | ||||||
23 | not have been payable
if any rights of recovery existed under | ||||||
24 | this Act, then such amounts so
paid to the employee from any | ||||||
25 | such group plan as shall be consistent
with, and limited to, | ||||||
26 | the provisions of paragraph 2 hereof, shall be
credited to or |
| |||||||
| |||||||
1 | against any compensation payment for temporary total
| ||||||
2 | incapacity for work or any medical, surgical or hospital | ||||||
3 | benefits made
or to be made under this Act. In such event, the | ||||||
4 | period of time for
giving notice of accidental injury and | ||||||
5 | filing application for adjustment
of claim does not commence to | ||||||
6 | run until the termination of such
payments. This paragraph does | ||||||
7 | not apply to payments made under any
group plan which would | ||||||
8 | have been payable irrespective of an accidental
injury under | ||||||
9 | this Act. Any employer receiving such credit shall keep
such | ||||||
10 | employee safe and harmless from any and all claims or | ||||||
11 | liabilities
that may be made against him by reason of having | ||||||
12 | received such payments
only to the extent of such credit.
| ||||||
13 | Any excess benefits paid to or on behalf of a State | ||||||
14 | employee by the
State Employees' Retirement System under | ||||||
15 | Article 14 of the Illinois Pension
Code on a death claim or | ||||||
16 | disputed disability claim shall be credited
against any | ||||||
17 | payments made or to be made by the State of Illinois to or on
| ||||||
18 | behalf of such employee under this Act, except for payments for | ||||||
19 | medical
expenses which have already been incurred at the time | ||||||
20 | of the award. The
State of Illinois shall directly reimburse | ||||||
21 | the State Employees' Retirement
System to the extent of such | ||||||
22 | credit.
| ||||||
23 | 2. Nothing contained in this Act shall be construed to give | ||||||
24 | the
employer or the insurance carrier the right to credit for | ||||||
25 | any benefits
or payments received by the employee other than | ||||||
26 | compensation payments
provided by this Act, and where the |
| |||||||
| |||||||
1 | employee receives payments other
than compensation payments, | ||||||
2 | whether as full or partial salary, group
insurance benefits, | ||||||
3 | bonuses, annuities or any other payments, the
employer or | ||||||
4 | insurance carrier shall receive credit for each such payment
| ||||||
5 | only to the extent of the compensation that would have been | ||||||
6 | payable
during the period covered by such payment.
| ||||||
7 | 3. The extension of time for the filing of an Application | ||||||
8 | for
Adjustment of Claim as provided in paragraph 1 above shall | ||||||
9 | not apply to
those cases where the time for such filing had | ||||||
10 | expired prior to the date
on which payments or benefits | ||||||
11 | enumerated herein have been initiated or
resumed. Provided | ||||||
12 | however that this paragraph 3 shall apply only to
cases wherein | ||||||
13 | the payments or benefits hereinabove enumerated shall be
| ||||||
14 | received after July 1, 1969.
| ||||||
15 | (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813, | ||||||
16 | eff. 7-13-12 .)
| ||||||
17 | (820 ILCS 305/8.1a rep.) | ||||||
18 | Section 10. The Workers' Compensation Act is amended by | ||||||
19 | repealing Section 8.1a.
|