Illinois General Assembly - Full Text of HB3557
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Full Text of HB3557  102nd General Assembly

HB3557 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3557

 

Introduced 2/22/2021, by Rep. Dan Ugaste

 

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

    Amends the Workers' Compensation Act. Provides that, for purposes of awarding compensation for injuries, an injury to the shoulder shall be considered an injury to a part of the arm and an injury to the hip shall be considered an injury to a part of the leg. Effective immediately.


LRB102 10875 JLS 16205 b

 

 

A BILL FOR

 

HB3557LRB102 10875 JLS 16205 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

 

 

HB3557- 2 -LRB102 10875 JLS 16205 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

 

 

HB3557- 3 -LRB102 10875 JLS 16205 b

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

 

 

HB3557- 5 -LRB102 10875 JLS 16205 b

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

 

 

HB3557- 6 -LRB102 10875 JLS 16205 b

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. In cases where the temporary
23total incapacity for work continues for a period of 14 days or
24more from the day of the accident compensation shall commence
25on the day after the accident.
26        1. The compensation rate for temporary total

 

 

HB3557- 8 -LRB102 10875 JLS 16205 b

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

 

 

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

 

 

HB3557- 10 -LRB102 10875 JLS 16205 b

1        4. All weekly compensation rates provided under
2    subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
3    Section shall be subject to the following limitations:
4        The maximum weekly compensation rate from July 1,
5    1975, except as hereinafter provided, shall be 100% of the
6    State's average weekly wage in covered industries under
7    the Unemployment Insurance Act, that being the wage that
8    most closely approximates the State's average weekly wage.
9        The maximum weekly compensation rate, for the period
10    July 1, 1984, through June 30, 1987, except as hereinafter
11    provided, shall be $293.61. Effective July 1, 1987 and on
12    July 1 of each year thereafter the maximum weekly
13    compensation rate, except as hereinafter provided, shall
14    be determined as follows: if during the preceding 12 month
15    period there shall have been an increase in the State's
16    average weekly wage in covered industries under the
17    Unemployment Insurance Act, the weekly compensation rate
18    shall be proportionately increased by the same percentage
19    as the percentage of increase in the State's average
20    weekly wage in covered industries under the Unemployment
21    Insurance Act during such period.
22        The maximum weekly compensation rate, for the period
23    January 1, 1981 through December 31, 1983, except as
24    hereinafter provided, shall be 100% of the State's average
25    weekly wage in covered industries under the Unemployment
26    Insurance Act in effect on January 1, 1981. Effective

 

 

HB3557- 11 -LRB102 10875 JLS 16205 b

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

 

 

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

 

 

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1    15th day of each January and July of each year thereafter,
2    post and publish the State's average weekly wage in
3    covered industries under the Unemployment Insurance Act as
4    last determined and published by the Department of
5    Employment Security. The amount when so posted and
6    published shall be conclusive and shall be applicable as
7    the basis of computation of compensation rates until the
8    next posting and publication as aforesaid.
9        7. The payment of compensation by an employer or his
10    insurance carrier to an injured employee shall not
11    constitute an admission of the employer's liability to pay
12    compensation.
13    (c) For any serious and permanent disfigurement to the
14hand, head, face, neck, arm, leg below the knee or the chest
15above the axillary line, the employee is entitled to
16compensation for such disfigurement, the amount determined by
17agreement at any time or by arbitration under this Act, at a
18hearing not less than 6 months after the date of the accidental
19injury, which amount shall not exceed 150 weeks (if the
20accidental injury occurs on or after the effective date of
21this amendatory Act of the 94th General Assembly but before
22February 1, 2006) or 162 weeks (if the accidental injury
23occurs on or after February 1, 2006) at the applicable rate
24provided in subparagraph 2.1 of paragraph (b) of this Section.
25    No compensation is payable under this paragraph where
26compensation is payable under paragraphs (d), (e) or (f) of

 

 

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1this Section.
2    A duly appointed member of a fire department in a city, the
3population of which exceeds 500,000 according to the last
4federal or State census, is eligible for compensation under
5this paragraph only where such serious and permanent
6disfigurement results from burns.
7    (d) 1. If, after the accidental injury has been sustained,
8the employee as a result thereof becomes partially
9incapacitated from pursuing his usual and customary line of
10employment, he shall, except in cases compensated under the
11specific schedule set forth in paragraph (e) of this Section,
12receive compensation for the duration of his disability,
13subject to the limitations as to maximum amounts fixed in
14paragraph (b) of this Section, equal to 66-2/3% of the
15difference between the average amount which he would be able
16to earn in the full performance of his duties in the occupation
17in which he was engaged at the time of the accident and the
18average amount which he is earning or is able to earn in some
19suitable employment or business after the accident. For
20accidental injuries that occur on or after September 1, 2011,
21an award for wage differential under this subsection shall be
22effective only until the employee reaches the age of 67 or 5
23years from the date the award becomes final, whichever is
24later.
25    2. If, as a result of the accident, the employee sustains
26serious and permanent injuries not covered by paragraphs (c)

 

 

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

 

 

HB3557- 16 -LRB102 10875 JLS 16205 b

1compensation allowed under this Section shall be not less than
22 weeks for each such fractured bone, and for a fracture of
3each transverse process not less than 3 weeks. In the event
4such injuries shall result in the loss of a kidney, spleen or
5lung, the amount of compensation allowed under this Section
6shall be not less than 10 weeks for each such organ.
7Compensation awarded under this subparagraph 2 shall not take
8into consideration injuries covered under paragraphs (c) and
9(e) of this Section and the compensation provided in this
10paragraph shall not affect the employee's right to
11compensation payable under paragraphs (b), (c) and (e) of this
12Section for the disabilities therein covered.
13    (e) For accidental injuries in the following schedule, the
14employee shall receive compensation for the period of
15temporary total incapacity for work resulting from such
16accidental injury, under subparagraph 1 of paragraph (b) of
17this Section, and shall receive in addition thereto
18compensation for a further period for the specific loss herein
19mentioned, but shall not receive any compensation under any
20other provisions of this Act. The following listed amounts
21apply to either the loss of or the permanent and complete loss
22of use of the member specified, such compensation for the
23length of time as follows:
24        1. Thumb-
25            70 weeks if the accidental injury occurs on or
26        after the effective date of this amendatory Act of the

 

 

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

 

 

HB3557- 18 -LRB102 10875 JLS 16205 b

1        after February 1, 2006.
2        6. Great toe-
3            35 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            38 weeks if the accidental injury occurs on or
7        after February 1, 2006.
8        7. Each toe other than great toe-
9            12 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            13 weeks if the accidental injury occurs on or
13        after February 1, 2006.
14        8. The loss of the first or distal phalanx of the thumb
15    or of any finger or toe shall be considered to be equal to
16    the loss of one-half of such thumb, finger or toe and the
17    compensation payable shall be one-half of the amount above
18    specified. The loss of more than one phalanx shall be
19    considered as the loss of the entire thumb, finger or toe.
20    In no case shall the amount received for more than one
21    finger exceed the amount provided in this schedule for the
22    loss of a hand.
23        9. Hand-
24            190 weeks if the accidental injury occurs on or
25        after the effective date of this amendatory Act of the
26        94th General Assembly but before February 1, 2006.

 

 

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

 

 

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1    injury results in the amputation of an arm above the
2    elbow, compensation for an additional 15 weeks (if the
3    accidental injury occurs on or after the effective date of
4    this amendatory Act of the 94th General Assembly but
5    before February 1, 2006) or an additional 17 weeks (if the
6    accidental injury occurs on or after February 1, 2006)
7    shall be paid, except where the accidental injury results
8    in the amputation of an arm at the shoulder joint, or so
9    close to shoulder joint that an artificial arm cannot be
10    used, or results in the disarticulation of an arm at the
11    shoulder joint, in which case compensation for an
12    additional 65 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) or an
15    additional 70 weeks (if the accidental injury occurs on or
16    after February 1, 2006) shall be paid.
17    For purposes of awards under this subdivision (e),
18injuries to the shoulder shall be considered injuries to part
19of the arm. The change made by this amendatory Act of the 102nd
20General Assembly to this subdivision (e)10 is declarative of
21existing law and is not a new enactment.
22        11. Foot-
23            155 weeks if the accidental injury occurs on or
24        after the effective date of this amendatory Act of the
25        94th General Assembly but before February 1, 2006.
26            167 weeks if the accidental injury occurs on or

 

 

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

 

 

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1    For purposes of awards under this subdivision (e),
2injuries to the hip shall be considered injuries to part of the
3leg. The change made by this amendatory Act of the 102nd
4General Assembly to this subdivision (e)(12) is declarative of
5existing law and it not a new enactment.
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
16    before 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

 

 

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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

 

 

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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
16        85 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

 

 

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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
6        question of whether or not the ability of an employee
7        to understand speech is improved by the use of a
8        hearing 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:
14Sound Level DBA
15Slow ResponseHours Per Day
16908
17926
18954
19973
201002
211021-1/2
221051
231101/2
241151/4
25        This subparagraph (f) shall not be applied in cases of
26    hearing loss resulting from trauma or explosion.

 

 

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

 

 

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1    independent accident is liable to pay compensation only
2    for the loss or permanent and complete loss of the use of
3    the member occasioned by the last independent accident.
4        19. In a case of specific loss and the subsequent
5    death of such injured employee from other causes than such
6    injury leaving a widow, widower, or dependents surviving
7    before payment or payment in full for such injury, then
8    the amount due for such injury is payable to the widow or
9    widower and, if there be no widow or widower, then to such
10    dependents, in the proportion which such dependency bears
11    to total dependency.
12    Beginning July 1, 1980, and every 6 months thereafter, the
13Commission shall examine the Second Injury Fund and when,
14after deducting all advances or loans made to such Fund, the
15amount therein is $500,000 then the amount required to be paid
16by employers pursuant to paragraph (f) of Section 7 shall be
17reduced by one-half. When the Second Injury Fund reaches the
18sum of $600,000 then the payments shall cease entirely.
19However, when the Second Injury Fund has been reduced to
20$400,000, payment of one-half of the amounts required by
21paragraph (f) of Section 7 shall be resumed, in the manner
22herein provided, and when the Second Injury Fund has been
23reduced to $300,000, payment of the full amounts required by
24paragraph (f) of Section 7 shall be resumed, in the manner
25herein provided. The Commission shall make the changes in
26payment effective by general order, and the changes in payment

 

 

HB3557- 28 -LRB102 10875 JLS 16205 b

1become immediately effective for all cases coming before the
2Commission thereafter either by settlement agreement or final
3order, irrespective of the date of the accidental injury.
4    On August 1, 1996 and on February 1 and August 1 of each
5subsequent year, the Commission shall examine the special fund
6designated as the "Rate Adjustment Fund" and when, after
7deducting all advances or loans made to said fund, the amount
8therein is $4,000,000, the amount required to be paid by
9employers pursuant to paragraph (f) of Section 7 shall be
10reduced by one-half. When the Rate Adjustment Fund reaches the
11sum of $5,000,000 the payment therein shall cease entirely.
12However, when said Rate Adjustment Fund has been reduced to
13$3,000,000 the amounts required by paragraph (f) of Section 7
14shall be resumed in the manner herein provided.
15    (f) In case of complete disability, which renders the
16employee wholly and permanently incapable of work, or in the
17specific case of total and permanent disability as provided in
18subparagraph 18 of paragraph (e) of this Section, compensation
19shall be payable at the rate provided in subparagraph 2 of
20paragraph (b) of this Section for life.
21    An employee entitled to benefits under paragraph (f) of
22this Section shall also be entitled to receive from the Rate
23Adjustment Fund provided in paragraph (f) of Section 7 of the
24supplementary benefits provided in paragraph (g) of this
25Section 8.
26    If any employee who receives an award under this paragraph

 

 

HB3557- 29 -LRB102 10875 JLS 16205 b

1afterwards returns to work or is able to do so, and earns or is
2able to earn as much as before the accident, payments under
3such award shall cease. If such employee returns to work, or is
4able to do so, and earns or is able to earn part but not as
5much as before the accident, such award shall be modified so as
6to conform to an award under paragraph (d) of this Section. If
7such award is terminated or reduced under the provisions of
8this paragraph, such employees have the right at any time
9within 30 months after the date of such termination or
10reduction to file petition with the Commission for the purpose
11of determining whether any disability exists as a result of
12the original accidental injury and the extent thereof.
13    Disability as enumerated in subdivision 18, paragraph (e)
14of this Section is considered complete disability.
15    If an employee who had previously incurred loss or the
16permanent and complete loss of use of one member, through the
17loss or the permanent and complete loss of the use of one hand,
18one arm, one foot, one leg, or one eye, incurs permanent and
19complete disability through the loss or the permanent and
20complete loss of the use of another member, he shall receive,
21in addition to the compensation payable by the employer and
22after such payments have ceased, an amount from the Second
23Injury Fund provided for in paragraph (f) of Section 7, which,
24together with the compensation payable from the employer in
25whose employ he was when the last accidental injury was
26incurred, will equal the amount payable for permanent and

 

 

HB3557- 30 -LRB102 10875 JLS 16205 b

1complete disability as provided in this paragraph of this
2Section.
3    The custodian of the Second Injury Fund provided for in
4paragraph (f) of Section 7 shall be joined with the employer as
5a party respondent in the application for adjustment of claim.
6The application for adjustment of claim shall state briefly
7and in general terms the approximate time and place and manner
8of the loss of the first member.
9    In its award the Commission or the Arbitrator shall
10specifically find the amount the injured employee shall be
11weekly paid, the number of weeks compensation which shall be
12paid by the employer, the date upon which payments begin out of
13the Second Injury Fund provided for in paragraph (f) of
14Section 7 of this Act, the length of time the weekly payments
15continue, the date upon which the pension payments commence
16and the monthly amount of the payments. The Commission shall
1730 days after the date upon which payments out of the Second
18Injury Fund have begun as provided in the award, and every
19month thereafter, prepare and submit to the State Comptroller
20a voucher for payment for all compensation accrued to that
21date at the rate fixed by the Commission. The State
22Comptroller shall draw a warrant to the injured employee along
23with a receipt to be executed by the injured employee and
24returned to the Commission. The endorsed warrant and receipt
25is a full and complete acquittance to the Commission for the
26payment out of the Second Injury Fund. No other appropriation

 

 

HB3557- 31 -LRB102 10875 JLS 16205 b

1or warrant is necessary for payment out of the Second Injury
2Fund. The Second Injury Fund is appropriated for the purpose
3of making payments according to the terms of the awards.
4    As of July 1, 1980 to July 1, 1982, all claims against and
5obligations of the Second Injury Fund shall become claims
6against and obligations of the Rate Adjustment Fund to the
7extent there is insufficient money in the Second Injury Fund
8to pay such claims and obligations. In that case, all
9references to "Second Injury Fund" in this Section shall also
10include the Rate Adjustment Fund.
11    (g) Every award for permanent total disability entered by
12the Commission on and after July 1, 1965 under which
13compensation payments shall become due and payable after the
14effective date of this amendatory Act, and every award for
15death benefits or permanent total disability entered by the
16Commission on and after the effective date of this amendatory
17Act shall be subject to annual adjustments as to the amount of
18the compensation rate therein provided. Such adjustments shall
19first be made on July 15, 1977, and all awards made and entered
20prior to July 1, 1975 and on July 15 of each year thereafter.
21In all other cases such adjustment shall be made on July 15 of
22the second year next following the date of the entry of the
23award and shall further be made on July 15 annually
24thereafter. If during the intervening period from the date of
25the entry of the award, or the last periodic adjustment, there
26shall have been an increase in the State's average weekly wage

 

 

HB3557- 32 -LRB102 10875 JLS 16205 b

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

 

 

HB3557- 33 -LRB102 10875 JLS 16205 b

1foregoing provision of this paragraph (g) shall be limited to
2increases in the State's average weekly wage in covered
3industries under the Unemployment Insurance Act occurring
4after July 1, 1975.
5    For every accident occurring on or after July 20, 2005 but
6before the effective date of this amendatory Act of the 94th
7General Assembly (Senate Bill 1283 of the 94th General
8Assembly), the annual adjustments to the compensation rate in
9awards for death benefits or permanent total disability, as
10provided in this Act, shall be paid by the employer. The
11adjustment shall be made by the employer on July 15 of the
12second year next following the date of the entry of the award
13and shall further be made on July 15 annually thereafter. If
14during the intervening period from the date of the entry of the
15award, or the last periodic adjustment, there shall have been
16an increase in the State's average weekly wage in covered
17industries under the Unemployment Insurance Act, the employer
18shall increase the weekly compensation rate proportionately by
19the same percentage as the percentage of increase in the
20State's average weekly wage in covered industries under the
21Unemployment Insurance Act. The increase in the compensation
22rate under this paragraph shall in no event bring the total
23compensation rate to an amount greater than the prevailing
24maximum rate at the time that the annual adjustment is made. In
25the event of a decrease in such average weekly wage there shall
26be no change in the then existing compensation rate. Such

 

 

HB3557- 34 -LRB102 10875 JLS 16205 b

1increase shall be paid by the employer in the same manner and
2at the same intervals as the payment of compensation in the
3award. This paragraph shall not apply to cases where there is
4disputed liability and in which a compromise lump sum
5settlement between the employer and the injured employee, or
6his or her dependents, as the case may be, has been duly
7approved by the Illinois Workers' Compensation Commission.
8    The annual adjustments for every award of death benefits
9or permanent total disability involving accidents occurring
10before July 20, 2005 and accidents occurring on or after the
11effective date of this amendatory Act of the 94th General
12Assembly (Senate Bill 1283 of the 94th General Assembly) shall
13continue to be paid from the Rate Adjustment Fund pursuant to
14this paragraph and Section 7(f) of this Act.
15    (h) In case death occurs from any cause before the total
16compensation to which the employee would have been entitled
17has been paid, then in case the employee leaves any widow,
18widower, child, parent (or any grandchild, grandparent or
19other lineal heir or any collateral heir dependent at the time
20of the accident upon the earnings of the employee to the extent
21of 50% or more of total dependency) such compensation shall be
22paid to the beneficiaries of the deceased employee and
23distributed as provided in paragraph (g) of Section 7.
24    (h-1) In case an injured employee is under legal
25disability at the time when any right or privilege accrues to
26him or her under this Act, a guardian may be appointed pursuant

 

 

HB3557- 35 -LRB102 10875 JLS 16205 b

1to law, and may, on behalf of such person under legal
2disability, claim and exercise any such right or privilege
3with the same effect as if the employee himself or herself had
4claimed or exercised the right or privilege. No limitations of
5time provided by this Act run so long as the employee who is
6under legal disability is without a conservator or guardian.
7    (i) In case the injured employee is under 16 years of age
8at the time of the accident and is illegally employed, the
9amount of compensation payable under paragraphs (b), (c), (d),
10(e) and (f) of this Section is increased 50%.
11    However, where an employer has on file an employment
12certificate issued pursuant to the Child Labor Law or work
13permit issued pursuant to the Federal Fair Labor Standards
14Act, as amended, or a birth certificate properly and duly
15issued, such certificate, permit or birth certificate is
16conclusive evidence as to the age of the injured minor
17employee for the purposes of this Section.
18    Nothing herein contained repeals or amends the provisions
19of the Child Labor Law relating to the employment of minors
20under the age of 16 years.
21    (j) 1. In the event the injured employee receives
22benefits, including medical, surgical or hospital benefits
23under any group plan covering non-occupational disabilities
24contributed to wholly or partially by the employer, which
25benefits should not have been payable if any rights of
26recovery existed under this Act, then such amounts so paid to

 

 

HB3557- 36 -LRB102 10875 JLS 16205 b

1the employee from any such group plan as shall be consistent
2with, and limited to, the provisions of paragraph 2 hereof,
3shall be credited to or against any compensation payment for
4temporary total incapacity for work or any medical, surgical
5or hospital benefits made or to be made under this Act. In such
6event, the period of time for giving notice of accidental
7injury and filing application for adjustment of claim does not
8commence to run until the termination of such payments. This
9paragraph does not apply to payments made under any group plan
10which would have been payable irrespective of an accidental
11injury under this Act. Any employer receiving such credit
12shall keep such employee safe and harmless from any and all
13claims or liabilities that may be made against him by reason of
14having received such payments only to the extent of such
15credit.
16    Any excess benefits paid to or on behalf of a State
17employee by the State Employees' Retirement System under
18Article 14 of the Illinois Pension Code on a death claim or
19disputed disability claim shall be credited against any
20payments made or to be made by the State of Illinois to or on
21behalf of such employee under this Act, except for payments
22for medical expenses which have already been incurred at the
23time of the award. The State of Illinois shall directly
24reimburse the State Employees' Retirement System to the extent
25of such credit.
26    2. Nothing contained in this Act shall be construed to

 

 

HB3557- 37 -LRB102 10875 JLS 16205 b

1give the employer or the insurance carrier the right to credit
2for any benefits or payments received by the employee other
3than compensation payments provided by this Act, and where the
4employee receives payments other than compensation payments,
5whether as full or partial salary, group insurance benefits,
6bonuses, annuities or any other payments, the employer or
7insurance carrier shall receive credit for each such payment
8only to the extent of the compensation that would have been
9payable during the period covered by such payment.
10    3. The extension of time for the filing of an Application
11for Adjustment of Claim as provided in paragraph 1 above shall
12not apply to those cases where the time for such filing had
13expired prior to the date on which payments or benefits
14enumerated herein have been initiated or resumed. Provided
15however that this paragraph 3 shall apply only to cases
16wherein the payments or benefits hereinabove enumerated shall
17be received after July 1, 1969.
18(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;
1997-813, eff. 7-13-12.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.