Illinois General Assembly - Full Text of HB2607
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Full Text of HB2607  97th General Assembly


Rep. Dwight Kay

Filed: 3/29/2011





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2    AMENDMENT NO. ______. Amend House Bill 2607 by replacing
3everything after the enacting clause with the following:
4    "Section 1. This Act may be referred to as Uhl's Law.
5    Section 5. The Workers' Compensation Act is amended by
6changing Section 1 as follows:
7    (820 ILCS 305/1)  (from Ch. 48, par. 138.1)
8    Sec. 1. This Act may be cited as the Workers' Compensation
10    (a) The term "employer" as used in this Act means:
11    1. The State and each county, city, town, township,
12incorporated village, school district, body politic, or
13municipal corporation therein.
14    2. Every person, firm, public or private corporation,
15including hospitals, public service, eleemosynary, religious



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1or charitable corporations or associations who has any person
2in service or under any contract for hire, express or implied,
3oral or written, and who is engaged in any of the enterprises
4or businesses enumerated in Section 3 of this Act, or who at or
5prior to the time of the accident to the employee for which
6compensation under this Act may be claimed, has in the manner
7provided in this Act elected to become subject to the
8provisions of this Act, and who has not, prior to such
9accident, effected a withdrawal of such election in the manner
10provided in this Act.
11    3. Any one engaging in any business or enterprise referred
12to in subsections 1 and 2 of Section 3 of this Act who
13undertakes to do any work enumerated therein, is liable to pay
14compensation to his own immediate employees in accordance with
15the provisions of this Act, and in addition thereto if he
16directly or indirectly engages any contractor whether
17principal or sub-contractor to do any such work, he is liable
18to pay compensation to the employees of any such contractor or
19sub-contractor unless such contractor or sub-contractor has
20insured, in any company or association authorized under the
21laws of this State to insure the liability to pay compensation
22under this Act, or guaranteed his liability to pay such
23compensation. With respect to any time limitation on the filing
24of claims provided by this Act, the timely filing of a claim
25against a contractor or subcontractor, as the case may be,
26shall be deemed to be a timely filing with respect to all



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1persons upon whom liability is imposed by this paragraph.
2    In the event any such person pays compensation under this
3subsection he may recover the amount thereof from the
4contractor or sub-contractor, if any, and in the event the
5contractor pays compensation under this subsection he may
6recover the amount thereof from the sub-contractor, if any.
7    This subsection does not apply in any case where the
8accident occurs elsewhere than on, in or about the immediate
9premises on which the principal has contracted that the work be
11    4. Where an employer operating under and subject to the
12provisions of this Act loans an employee to another such
13employer and such loaned employee sustains a compensable
14accidental injury in the employment of such borrowing employer
15and where such borrowing employer does not provide or pay the
16benefits or payments due such injured employee, such loaning
17employer is liable to provide or pay all benefits or payments
18due such employee under this Act and as to such employee the
19liability of such loaning and borrowing employers is joint and
20several, provided that such loaning employer is in the absence
21of agreement to the contrary entitled to receive from such
22borrowing employer full reimbursement for all sums paid or
23incurred pursuant to this paragraph together with reasonable
24attorneys' fees and expenses in any hearings before the
25Illinois Workers' Compensation Commission or in any action to
26secure such reimbursement. Where any benefit is provided or



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1paid by such loaning employer the employee has the duty of
2rendering reasonable cooperation in any hearings, trials or
3proceedings in the case, including such proceedings for
5    Where an employee files an Application for Adjustment of
6Claim with the Illinois Workers' Compensation Commission
7alleging that his claim is covered by the provisions of the
8preceding paragraph, and joining both the alleged loaning and
9borrowing employers, they and each of them, upon written demand
10by the employee and within 7 days after receipt of such demand,
11shall have the duty of filing with the Illinois Workers'
12Compensation Commission a written admission or denial of the
13allegation that the claim is covered by the provisions of the
14preceding paragraph and in default of such filing or if any
15such denial be ultimately determined not to have been bona fide
16then the provisions of Paragraph K of Section 19 of this Act
17shall apply.
18    An employer whose business or enterprise or a substantial
19part thereof consists of hiring, procuring or furnishing
20employees to or for other employers operating under and subject
21to the provisions of this Act for the performance of the work
22of such other employers and who pays such employees their
23salary or wages notwithstanding that they are doing the work of
24such other employers shall be deemed a loaning employer within
25the meaning and provisions of this Section.
26    (b) The term "employee" as used in this Act means:



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1    1. Every person in the service of the State, including
2members of the General Assembly, members of the Commerce
3Commission, members of the Illinois Workers' Compensation
4Commission, and all persons in the service of the University of
5Illinois, county, including deputy sheriffs and assistant
6state's attorneys, city, town, township, incorporated village
7or school district, body politic, or municipal corporation
8therein, whether by election, under appointment or contract of
9hire, express or implied, oral or written, including all
10members of the Illinois National Guard while on active duty in
11the service of the State, and all probation personnel of the
12Juvenile Court appointed pursuant to Article VI of the Juvenile
13Court Act of 1987, and including any official of the State, any
14county, city, town, township, incorporated village, school
15district, body politic or municipal corporation therein except
16any duly appointed member of a police department in any city
17whose population exceeds 200,000 according to the last Federal
18or State census, and except any member of a fire insurance
19patrol maintained by a board of underwriters in this State. A
20duly appointed member of a fire department in any city, the
21population of which exceeds 200,000 according to the last
22federal or State census, is an employee under this Act only
23with respect to claims brought under paragraph (c) of Section
25    One employed by a contractor who has contracted with the
26State, or a county, city, town, township, incorporated village,



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1school district, body politic or municipal corporation
2therein, through its representatives, is not considered as an
3employee of the State, county, city, town, township,
4incorporated village, school district, body politic or
5municipal corporation which made the contract.
6    2. Every person in the service of another under any
7contract of hire, express or implied, oral or written,
8including persons whose employment is outside of the State of
9Illinois where the contract of hire is made within the State of
10Illinois, persons whose employment results in fatal or
11non-fatal injuries within the State of Illinois where the
12contract of hire is made outside of the State of Illinois, and
13persons whose employment is principally localized within the
14State of Illinois, regardless of the place of the accident or
15the place where the contract of hire was made, and including
16aliens, and minors who, for the purpose of this Act are
17considered the same and have the same power to contract,
18receive payments and give quittances therefor, as adult
20    3. Every sole proprietor and every partner of a business
21may elect to be covered by this Act.
22    An employee or his dependents under this Act who shall have
23a cause of action by reason of any injury, disablement or death
24arising out of and in the course of his employment may elect to
25pursue his remedy in the State where injured or disabled, or in
26the State where the contract of hire is made, or in the State



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1where the employment is principally localized.
2    However, any employer may elect to provide and pay
3compensation to any employee other than those engaged in the
4usual course of the trade, business, profession or occupation
5of the employer by complying with Sections 2 and 4 of this Act.
6Employees are not included within the provisions of this Act
7when excluded by the laws of the United States relating to
8liability of employers to their employees for personal injuries
9where such laws are held to be exclusive.
10    The term "employee" does not include persons performing
11services as real estate broker, broker-salesman, or salesman
12when such persons are paid by commission only.
13    The term "employee" does not include a person with a cause
14of action by reason of any injury, disablement, or death
15arising out of and in the course of his or her employment when
16that injury, disablement, or death occurred during and as a
17proximate result of his or her commission of a felony.
18    (c) "Commission" means the Industrial Commission created
19by Section 5 of "The Civil Administrative Code of Illinois",
20approved March 7, 1917, as amended, or the Illinois Workers'
21Compensation Commission created by Section 13 of this Act.
22(Source: P.A. 93-721, eff. 1-1-05.)".