Full Text of SB3287 98th General Assembly
SB3287eng 98TH 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 | | (Text of Section WITHOUT the changes made by P.A. 89-7, | 8 | | which has been held
unconstitutional)
| 9 | | Sec. 5.
(a) No common law or statutory right to recover | 10 | | damages from the
employer, his insurer, his broker, any service | 11 | | organization that is wholly owned retained by the
employer, his | 12 | | insurer or his broker and that provides to provide safety | 13 | | service, advice or
recommendations for the employer or the | 14 | | agents or employees of any of them
for injury or death | 15 | | sustained by any employee while engaged in the line of
his duty | 16 | | as such employee, other than the compensation herein provided, | 17 | | is
available to any employee who is covered by the provisions | 18 | | of this Act, to
any one wholly or partially dependent upon him, | 19 | | the legal representatives
of his estate, or any one otherwise | 20 | | entitled to recover damages for such
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 | | Any illegally employed minor or his legal representatives | 6 | | shall, except
as hereinafter provided, have the right within 6 | 7 | | months after the time of
injury or death, or within 6 months | 8 | | after the appointment of a legal representative,
whichever | 9 | | shall be later, to file with the Commission a rejection of his
| 10 | | right to the benefits under this Act, in which case such | 11 | | illegally employed
minor or his legal representatives shall | 12 | | have the right to pursue his or
their common law or statutory | 13 | | remedies to recover damages for such injury or death.
| 14 | | No payment of compensation under this Act shall be made to | 15 | | an illegally
employed minor, or his legal representatives, | 16 | | unless such payment and the
waiver of his right to reject the
| 17 | | benefits of this Act has first
been approved by the Commission | 18 | | or any member thereof, and if such payment
and the waiver of | 19 | | his right of rejection
has been so approved such payment is a | 20 | | bar to a subsequent rejection of the
provisions of this Act.
| 21 | | (b) Where the injury or death for which compensation is | 22 | | payable under
this Act was caused under circumstances creating | 23 | | a legal liability for
damages on the part of some person other | 24 | | than his employer to pay damages,
then legal proceedings may be | 25 | | taken against such other person to recover
damages | 26 | | notwithstanding such employer's payment of or liability to pay
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| 1 | | compensation under this Act. In such case, however, if the | 2 | | action against
such other person is brought by the injured | 3 | | employee or his personal
representative and judgment is | 4 | | obtained and paid, or settlement is made
with such other | 5 | | person, either with or without suit, then from the amount
| 6 | | received by such employee or personal representative there | 7 | | shall be paid to
the employer the amount of compensation paid | 8 | | or to be paid by him to such
employee or personal | 9 | | representative including amounts paid or to be paid
pursuant to | 10 | | paragraph (a) of Section 8 of this Act.
| 11 | | Out of any reimbursement received by the employer pursuant | 12 | | to this
Section the employer shall pay his pro rata share of | 13 | | all costs and
reasonably necessary expenses in connection with | 14 | | such third-party claim,
action or suit and where the services | 15 | | of an attorney at law of the employee
or dependents have | 16 | | resulted in or substantially contributed to the
procurement by | 17 | | suit, settlement or otherwise of the proceeds out of which
the | 18 | | employer is reimbursed, then, in the absence of other | 19 | | agreement, the
employer shall pay such attorney 25% of the | 20 | | gross amount of such
reimbursement.
| 21 | | If the injured employee or his personal representative | 22 | | agrees to receive
compensation from the employer or accept from | 23 | | the employer any payment on
account of such compensation, or to | 24 | | institute proceedings to recover the
same, the employer may | 25 | | have or claim a lien upon any award, judgment or
fund out of | 26 | | which such employee might be compensated from such third party.
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| 1 | | In such actions brought by the employee or his personal | 2 | | representative,
he shall forthwith notify his employer by | 3 | | personal service or registered
mail, of such fact and of the | 4 | | name of the court in which the suit is
brought, filing proof | 5 | | thereof in the action. The employer may, at any time
thereafter | 6 | | join in the action upon his motion so that all orders of court
| 7 | | after hearing and judgment shall be made for his protection. No | 8 | | release or
settlement of claim for damages by reason of such | 9 | | injury or death, and no
satisfaction of judgment in such | 10 | | proceedings shall be valid without the
written consent of both | 11 | | employer and employee or his personal
representative, except in | 12 | | the case of the employers, such consent is not
required where | 13 | | the employer has been fully indemnified or protected by
Court | 14 | | order.
| 15 | | In the event the employee or his personal representative | 16 | | fails to
institute a proceeding against such third person at | 17 | | any time prior to 3
months before such action would be barred, | 18 | | the employer may in his own name
or in the name of the | 19 | | employee, or his personal representative, commence a
| 20 | | proceeding against such other person for the recovery of | 21 | | damages on account
of such injury or death to the employee, and | 22 | | out of any amount recovered
the employer shall pay over to the | 23 | | injured employee or his personal
representatives all sums | 24 | | collected from such other person by judgment or
otherwise in | 25 | | excess of the amount of such compensation paid or to be paid
| 26 | | under this Act, including amounts paid or to be paid pursuant |
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| 1 | | to paragraph
(a) of Section 8 of this Act, and costs, | 2 | | attorney's fees and reasonable
expenses as may be incurred by | 3 | | such employer in making such collection or
in enforcing such | 4 | | liability.
| 5 | | (Source: P.A. 79-79.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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