Full Text of HB3697 102nd General Assembly
HB3697eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Workers' Compensation Act is amended by | 5 | | changing 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 | 9 | | statutory right to recover damages from the
employer, his | 10 | | insurer, his broker, any service organization that is wholly | 11 | | owned by the
employer, his insurer or his broker and that | 12 | | provides safety service, advice or
recommendations for the | 13 | | employer or the agents or employees of any of them
for injury | 14 | | or death sustained by any employee while engaged in the line of
| 15 | | his duty as such employee, other than the compensation herein | 16 | | provided, is
available to any employee who is covered by the | 17 | | provisions of this Act, to
any one wholly or partially | 18 | | dependent upon him, the legal representatives
of his estate, | 19 | | or any one otherwise entitled to recover damages for such
| 20 | | injury.
| 21 | | However, in any action now pending or hereafter begun to | 22 | | enforce a
common law or statutory right to recover damages for | 23 | | negligently causing
the injury or death of any employee it is |
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| 1 | | not necessary to allege in the
complaint that either the | 2 | | employee or the employer or both were not
governed by the | 3 | | provisions of this Act or of any similar Act in force in
this | 4 | | or any other State. | 5 | | Moreover, nothing in this Act limits, prevents, or | 6 | | preempts a recovery by an employee under the Biometric | 7 | | Information Privacy Act.
| 8 | | Any illegally employed minor or his legal representatives | 9 | | shall, except
as hereinafter provided, have the right within 6 | 10 | | months after the time of
injury or death, or within 6 months | 11 | | after the appointment of a legal representative,
whichever | 12 | | shall be later, to file with the Commission a rejection of his
| 13 | | right to the benefits under this Act, in which case such | 14 | | illegally employed
minor or his legal representatives shall | 15 | | have the right to pursue his or
their common law or statutory | 16 | | remedies to recover damages for such injury or death.
| 17 | | No payment of compensation under this Act shall be made to | 18 | | an illegally
employed minor, or his legal representatives, | 19 | | unless such payment and the
waiver of his right to reject the
| 20 | | benefits of this Act has first
been approved by the Commission | 21 | | or any member thereof, and if such payment
and the waiver of | 22 | | his right of rejection
has been so approved such payment is a | 23 | | bar to a subsequent rejection of the
provisions of this Act.
| 24 | | (b) Where the injury or death for which compensation is | 25 | | payable under
this Act was caused under circumstances creating | 26 | | a legal liability for
damages on the part of some person other |
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| 1 | | than his employer to pay damages,
then legal proceedings may | 2 | | be taken against such other person to recover
damages | 3 | | notwithstanding such employer's payment of or liability to pay
| 4 | | compensation under this Act. In such case, however, if the | 5 | | action against
such other person is brought by the injured | 6 | | employee or his personal
representative and judgment is | 7 | | obtained and paid, or settlement is made
with such other | 8 | | person, either with or without suit, then from the amount
| 9 | | received by such employee or personal representative there | 10 | | shall be paid to
the employer the amount of compensation paid | 11 | | or to be paid by him to such
employee or personal | 12 | | representative including amounts paid or to be paid
pursuant | 13 | | to paragraph (a) of Section 8 of this Act.
| 14 | | Out of any reimbursement received by the employer pursuant | 15 | | to this
Section the employer shall pay his pro rata share of | 16 | | all costs and
reasonably necessary expenses in connection with | 17 | | such third-party claim,
action or suit and where the services | 18 | | of an attorney at law of the employee
or dependents have | 19 | | resulted in or substantially contributed to the
procurement by | 20 | | suit, settlement or otherwise of the proceeds out of which
the | 21 | | employer is reimbursed, then, in the absence of other | 22 | | agreement, the
employer shall pay such attorney 25% of the | 23 | | gross amount of such
reimbursement.
| 24 | | If the injured employee or his personal representative | 25 | | agrees to receive
compensation from the employer or accept | 26 | | from the employer any payment on
account of such compensation, |
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| 1 | | or to institute proceedings to recover the
same, the employer | 2 | | may have or claim a lien upon any award, judgment or
fund out | 3 | | of which such employee might be compensated from such third | 4 | | party.
| 5 | | In such actions brought by the employee or his personal | 6 | | representative,
he shall forthwith notify his employer by | 7 | | personal service or registered
mail, of such fact and of the | 8 | | name of the court in which the suit is
brought, filing proof | 9 | | thereof in the action. The employer may, at any time
| 10 | | thereafter join in the action upon his motion so that all | 11 | | orders of court
after hearing and judgment shall be made for | 12 | | his protection. No release or
settlement of claim for damages | 13 | | by reason of such injury or death, and no
satisfaction of | 14 | | judgment in such proceedings shall be valid without the
| 15 | | written consent of both employer and employee or his personal
| 16 | | representative, except in the case of the employers, such | 17 | | consent is not
required where the employer has been fully | 18 | | indemnified or protected by
Court order.
| 19 | | In the event the employee or his personal representative | 20 | | fails to
institute a proceeding against such third person at | 21 | | any time prior to 3
months before such action would be barred, | 22 | | the employer may in his own name
or in the name of the | 23 | | employee, or his personal representative, commence a
| 24 | | proceeding against such other person for the recovery of | 25 | | damages on account
of such injury or death to the employee, and | 26 | | out of any amount recovered
the employer shall pay over to the |
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| 1 | | injured employee or his personal
representatives all sums | 2 | | collected from such other person by judgment or
otherwise in | 3 | | excess of the amount of such compensation paid or to be paid
| 4 | | under this Act, including amounts paid or to be paid pursuant | 5 | | to paragraph
(a) of Section 8 of this Act, and costs, | 6 | | attorney's fees and reasonable
expenses as may be incurred by | 7 | | such employer in making such collection or
in enforcing such | 8 | | liability.
| 9 | | (Source: P.A. 101-6, eff. 5-17-19.)
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