Illinois General Assembly - Full Text of HB2419
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Full Text of HB2419  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Dwight Kay


820 ILCS 305/10  from Ch. 48, par. 138.10

    Amends the Workers' Compensation Act. Provides for the computation of compensation when there are multiple employers and when there is less than full-time work. Effective immediately.

LRB099 03809 KTG 23822 b






HB2419LRB099 03809 KTG 23822 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 10 as follows:
6    (820 ILCS 305/10)  (from Ch. 48, par. 138.10)
7    Sec. 10. The basis for computing the compensation provided
8for in Sections 7 and 8 of the Act shall be as follows:
9    (1) The compensation shall be computed on the basis of the
10"Average weekly wage" which shall mean the actual earnings of
11the employee in the employment in which he was working at the
12time of the injury during the period of 52 weeks ending with
13the last day of the employee's last full pay period immediately
14preceding the date of injury, illness or disablement excluding
15overtime, and bonus divided by 52; but if the injured employee
16lost 5 or more calendar days during such period, whether or not
17in the same week, then the earnings for the remainder of such
1852 weeks shall be divided by the number of weeks and parts
19thereof remaining after the time so lost has been deducted.
20    (2) Where the employment prior to the injury extended over
21a period of less than 52 weeks, or the employment is
22noncontinuous or less than full-time, or the employee lost one
23or more calendar days during that period, the earnings earned



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1during that period shall be divided by the number of weeks
2during which the employee worked, regardless of the number of
3hours worked during that week the method of dividing the
4earnings during that period by the number of weeks and parts
5thereof during which the employee actually earned wages shall
6be followed.
7    (3) When the employee is working concurrently with 2 or
8more employers and the respondent employer has knowledge of
9such additional employment prior to the injury, the employee's
10wages from all such employers shall be considered as if earned
11from the employer liable for compensation.
12    (4) Each week during which the employee earned wages counts
13as one week for purposes of computation under subdivisions (1),
14(2), and (3), regardless of the number of hours worked during
15that week.
16    (5) Where by reason of the shortness of the time during
17which the employee has been in the employment of his employer
18or of the casual nature or terms of the employment, it is
19impractical to compute the average weekly wages as above
20defined, regard shall be had to the average weekly amount which
21during the 52 weeks previous to the injury, illness or
22disablement was being or would have been earned by a person in
23the same grade employed at the same work for each of such 52
24weeks for the same number of hours per week by the same
25employer. In the case of volunteer firemen, police and civil
26defense members or trainees, the income benefits shall be based



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1on the average weekly wage in their regular employment. When
2the employee is working concurrently with two or more employers
3and the respondent employer has knowledge of such employment
4prior to the injury, his wages from all such employers shall be
5considered as if earned from the employer liable for
7(Source: P.A. 81-1482.)
8    Section 99. Effective date. This Act takes effect upon
9becoming law.