Illinois General Assembly - Full Text of HB5396
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Full Text of HB5396  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/31/2022, by Rep. Jim Durkin


740 ILCS 14/20
820 ILCS 305/5  from Ch. 48, par. 138.5

    Amends the Biometric Privacy Information Act. Provides that if an employee brings an action against an employer under the Act, the employee's entitlement to relief shall be determined as provided in the Workers' Compensation Act. Amends the Workers' Compensation Act. Provides that an action arising under the Biometric Information Privacy Act due to the actions of an employer shall be adjudicated in accordance with the Workers' Compensation Act.

LRB102 24302 LNS 33535 b





HB5396LRB102 24302 LNS 33535 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Biometric Information Privacy Act is
5amended by changing Section 20 as follows:
6    (740 ILCS 14/20)
7    Sec. 20. Right of action.
8    (a) Any person aggrieved by a violation of this Act shall
9have a right of action in a State circuit court or as a
10supplemental claim in federal district court against an
11offending party. A prevailing party may recover for each
13        (1) against a private entity that negligently violates
14    a provision of this Act, liquidated damages of $1,000 or
15    actual damages, whichever is greater;
16        (2) against a private entity that intentionally or
17    recklessly violates a provision of this Act, liquidated
18    damages of $5,000 or actual damages, whichever is greater;
19        (3) reasonable attorneys' fees and costs, including
20    expert witness fees and other litigation expenses; and
21        (4) other relief, including an injunction, as the
22    State or federal court may deem appropriate.
23    (b) If an employee brings an action against an employer



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1under this Act, the employee's entitlement to relief shall be
2determined as provided in the Workers' Compensation Act.
3(Source: P.A. 95-994, eff. 10-3-08.)
4    Section 10. The Workers' Compensation Act is amended by
5changing Section 5 as follows:
6    (820 ILCS 305/5)  (from Ch. 48, par. 138.5)
7    Sec. 5. Damages; minors; third-party liability.
8    (a) Except as provided in Section 1.2, no common law or
9statutory right to recover damages from the employer, his
10insurer, his broker, any service organization that is wholly
11owned by the employer, his insurer or his broker and that
12provides safety service, advice or recommendations for the
13employer or the agents or employees of any of them for injury
14or death sustained by any employee while engaged in the line of
15his duty as such employee, other than the compensation herein
16provided, is available to any employee who is covered by the
17provisions of this Act, to any one wholly or partially
18dependent upon him, the legal representatives of his estate,
19or any one otherwise entitled to recover damages for such
21    However, in any action now pending or hereafter begun to
22enforce a common law or statutory right to recover damages for
23negligently causing the injury or death of any employee it is
24not necessary to allege in the complaint that either the



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1employee or the employer or both were not governed by the
2provisions of this Act or of any similar Act in force in this
3or any other State.
4    Any illegally employed minor or his legal representatives
5shall, except as hereinafter provided, have the right within 6
6months after the time of injury or death, or within 6 months
7after the appointment of a legal representative, whichever
8shall be later, to file with the Commission a rejection of his
9right to the benefits under this Act, in which case such
10illegally employed minor or his legal representatives shall
11have the right to pursue his or their common law or statutory
12remedies to recover damages for such injury or death.
13    No payment of compensation under this Act shall be made to
14an illegally employed minor, or his legal representatives,
15unless such payment and the waiver of his right to reject the
16benefits of this Act has first been approved by the Commission
17or any member thereof, and if such payment and the waiver of
18his right of rejection has been so approved such payment is a
19bar to a subsequent rejection of the provisions of this Act.
20    (b) Where the injury or death for which compensation is
21payable under this Act was caused under circumstances creating
22a legal liability for damages on the part of some person other
23than his employer to pay damages, then legal proceedings may
24be taken against such other person to recover damages
25notwithstanding such employer's payment of or liability to pay
26compensation under this Act. In such case, however, if the



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1action against such other person is brought by the injured
2employee or his personal representative and judgment is
3obtained and paid, or settlement is made with such other
4person, either with or without suit, then from the amount
5received by such employee or personal representative there
6shall be paid to the employer the amount of compensation paid
7or to be paid by him to such employee or personal
8representative including amounts paid or to be paid pursuant
9to paragraph (a) of Section 8 of this Act.
10    Out of any reimbursement received by the employer pursuant
11to this Section the employer shall pay his pro rata share of
12all costs and reasonably necessary expenses in connection with
13such third-party claim, action or suit and where the services
14of an attorney at law of the employee or dependents have
15resulted in or substantially contributed to the procurement by
16suit, settlement or otherwise of the proceeds out of which the
17employer is reimbursed, then, in the absence of other
18agreement, the employer shall pay such attorney 25% of the
19gross amount of such reimbursement.
20    If the injured employee or his personal representative
21agrees to receive compensation from the employer or accept
22from the employer any payment on account of such compensation,
23or to institute proceedings to recover the same, the employer
24may have or claim a lien upon any award, judgment or fund out
25of which such employee might be compensated from such third



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1    In such actions brought by the employee or his personal
2representative, he shall forthwith notify his employer by
3personal service or registered mail, of such fact and of the
4name of the court in which the suit is brought, filing proof
5thereof in the action. The employer may, at any time
6thereafter join in the action upon his motion so that all
7orders of court after hearing and judgment shall be made for
8his protection. No release or settlement of claim for damages
9by reason of such injury or death, and no satisfaction of
10judgment in such proceedings shall be valid without the
11written consent of both employer and employee or his personal
12representative, except in the case of the employers, such
13consent is not required where the employer has been fully
14indemnified or protected by Court order.
15    In the event the employee or his personal representative
16fails to institute a proceeding against such third person at
17any time prior to 3 months before such action would be barred,
18the employer may in his own name or in the name of the
19employee, or his personal representative, commence a
20proceeding against such other person for the recovery of
21damages on account of such injury or death to the employee, and
22out of any amount recovered the employer shall pay over to the
23injured employee or his personal representatives all sums
24collected from such other person by judgment or otherwise in
25excess of the amount of such compensation paid or to be paid
26under this Act, including amounts paid or to be paid pursuant



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1to paragraph (a) of Section 8 of this Act, and costs,
2attorney's fees and reasonable expenses as may be incurred by
3such employer in making such collection or in enforcing such
5    (c) An action arising under the Biometric Information
6Privacy Act due to the actions of an employer shall be
7adjudicated in accordance with this Act.
8(Source: P.A. 101-6, eff. 5-17-19.)