Illinois General Assembly - Full Text of HB1287
Illinois General Assembly

Previous General Assemblies

Full Text of HB1287  99th General Assembly


Rep. Michael J. Madigan

Filed: 5/21/2015





09900HB1287ham001LRB099 05153 KTG 35924 a


2    AMENDMENT NO. ______. Amend House Bill 1287 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Workers' Compensation Act is amended by
5changing Section 1 as follows:
6    (820 ILCS 305/1)  (from Ch. 48, par. 138.1)
7    Sec. 1. This Act may be cited as the Workers' Compensation
9    (a) The term "employer" as used in this Act means:
10    1. The State and each county, city, town, township,
11incorporated village, school district, body politic, or
12municipal corporation therein.
13    2. Every person, firm, public or private corporation,
14including hospitals, public service, eleemosynary, religious
15or charitable corporations or associations who has any person
16in service or under any contract for hire, express or implied,



09900HB1287ham001- 2 -LRB099 05153 KTG 35924 a

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



09900HB1287ham001- 3 -LRB099 05153 KTG 35924 a

1subsection he may recover the amount thereof from the
2contractor or sub-contractor, if any, and in the event the
3contractor pays compensation under this subsection he may
4recover the amount thereof from the sub-contractor, if any.
5    This subsection does not apply in any case where the
6accident occurs elsewhere than on, in or about the immediate
7premises on which the principal has contracted that the work be
9    4. Where an employer operating under and subject to the
10provisions of this Act loans an employee to another such
11employer and such loaned employee sustains a compensable
12accidental injury in the employment of such borrowing employer
13and where such borrowing employer does not provide or pay the
14benefits or payments due such injured employee, such loaning
15employer is liable to provide or pay all benefits or payments
16due such employee under this Act and as to such employee the
17liability of such loaning and borrowing employers is joint and
18several, provided that such loaning employer is in the absence
19of agreement to the contrary entitled to receive from such
20borrowing employer full reimbursement for all sums paid or
21incurred pursuant to this paragraph together with reasonable
22attorneys' fees and expenses in any hearings before the
23Illinois Workers' Compensation Commission or in any action to
24secure such reimbursement. Where any benefit is provided or
25paid by such loaning employer the employee has the duty of
26rendering reasonable cooperation in any hearings, trials or



09900HB1287ham001- 4 -LRB099 05153 KTG 35924 a

1proceedings in the case, including such proceedings for
3    Where an employee files an Application for Adjustment of
4Claim with the Illinois Workers' Compensation Commission
5alleging that his claim is covered by the provisions of the
6preceding paragraph, and joining both the alleged loaning and
7borrowing employers, they and each of them, upon written demand
8by the employee and within 7 days after receipt of such demand,
9shall have the duty of filing with the Illinois Workers'
10Compensation Commission a written admission or denial of the
11allegation that the claim is covered by the provisions of the
12preceding paragraph and in default of such filing or if any
13such denial be ultimately determined not to have been bona fide
14then the provisions of Paragraph K of Section 19 of this Act
15shall apply.
16    An employer whose business or enterprise or a substantial
17part thereof consists of hiring, procuring or furnishing
18employees to or for other employers operating under and subject
19to the provisions of this Act for the performance of the work
20of such other employers and who pays such employees their
21salary or wages notwithstanding that they are doing the work of
22such other employers shall be deemed a loaning employer within
23the meaning and provisions of this Section.
24    (b) The term "employee" as used in this Act means:
25    1. Every person in the service of the State, including
26members of the General Assembly, members of the Commerce



09900HB1287ham001- 5 -LRB099 05153 KTG 35924 a

1Commission, members of the Illinois Workers' Compensation
2Commission, and all persons in the service of the University of
3Illinois, county, including deputy sheriffs and assistant
4state's attorneys, city, town, township, incorporated village
5or school district, body politic, or municipal corporation
6therein, whether by election, under appointment or contract of
7hire, express or implied, oral or written, including all
8members of the Illinois National Guard while on active duty in
9the service of the State, and all probation personnel of the
10Juvenile Court appointed pursuant to Article VI of the Juvenile
11Court Act of 1987, and including any official of the State, any
12county, city, town, township, incorporated village, school
13district, body politic or municipal corporation therein except
14any duly appointed member of a police department in any city
15whose population exceeds 500,000 according to the last Federal
16or State census, and except any member of a fire insurance
17patrol maintained by a board of underwriters in this State. A
18duly appointed member of a fire department in any city, the
19population of which exceeds 500,000 according to the last
20federal or State census, is an employee under this Act only
21with respect to claims brought under paragraph (c) of Section
23    One employed by a contractor who has contracted with the
24State, or a county, city, town, township, incorporated village,
25school district, body politic or municipal corporation
26therein, through its representatives, is not considered as an



09900HB1287ham001- 6 -LRB099 05153 KTG 35924 a

1employee of the State, county, city, town, township,
2incorporated village, school district, body politic or
3municipal corporation which made the contract.
4    2. Every person in the service of another under any
5contract of hire, express or implied, oral or written,
6including persons whose employment is outside of the State of
7Illinois where the contract of hire is made within the State of
8Illinois, persons whose employment results in fatal or
9non-fatal injuries within the State of Illinois where the
10contract of hire is made outside of the State of Illinois, and
11persons whose employment is principally localized within the
12State of Illinois, regardless of the place of the accident or
13the place where the contract of hire was made, and including
14aliens, and minors who, for the purpose of this Act are
15considered the same and have the same power to contract,
16receive payments and give quittances therefor, as adult
18    3. Every sole proprietor and every partner of a business
19may elect to be covered by this Act.
20    An employee or his dependents under this Act who shall have
21a cause of action by reason of any injury, disablement or death
22arising out of and in the course of his employment may elect to
23pursue his remedy in the State where injured or disabled, or in
24the State where the contract of hire is made, or in the State
25where the employment is principally localized.
26    However, any employer may elect to provide and pay



09900HB1287ham001- 7 -LRB099 05153 KTG 35924 a

1compensation to any employee other than those engaged in the
2usual course of the trade, business, profession or occupation
3of the employer by complying with Sections 2 and 4 of this Act.
4Employees are not included within the provisions of this Act
5when excluded by the laws of the United States relating to
6liability of employers to their employees for personal injuries
7where such laws are held to be exclusive.
8    The term "employee" does not include persons performing
9services as real estate broker, broker-salesman, or salesman
10when such persons are paid by commission only.
11    (c) "Commission" means the Industrial Commission created
12by Section 5 of "The Civil Administrative Code of Illinois",
13approved March 7, 1917, as amended, or the Illinois Workers'
14Compensation Commission created by Section 13 of this Act.
15    (d) To obtain compensation under this Act, an employee
16bears the burden of showing, by a preponderance of the
17evidence, that he or she has sustained accidental injuries
18arising out of and in the course of the employment.
19    (e) The term "accident" as used in this Act means an
20occurrence arising out of the employment, resulting from a risk
21incidental to the employment, and in the course of employment
22at a time and place and under circumstances reasonably required
23by the employment.
24    (f) The term "injury" as used in this Act means a medical
25condition or impairment that arises out of and in the course of
26employment. An injury, its occupational cause, and any



09900HB1287ham001- 8 -LRB099 05153 KTG 35924 a

1resulting manifestations or disability must be established to a
2reasonable degree of medical certainty, based on objective
3relevant medical findings. For an accidental injury to be
4compensable, the accident must be the major contributing cause
5of any resulting injuries. For the purpose of this Section,
6"major contributing cause" means the cause which is more than
750% responsible for the injury compared to all other causes
8combined for which treatment or benefits are sought. "Injury"
9includes the aggravation of a pre-existing condition by an
10accident arising out of and in the course of employment, but
11only for so long as the aggravation of the pre-existing
12condition continues to be the major contributing cause of the
14    An injury is deemed to arise out of and in the course of
15employment only if:
16        (1) it is reasonably apparent, upon consideration of
17    all circumstances, that the accident is the major
18    contributing cause of the injury; and
19        (2) it does not come from a hazard or risk unrelated to
20    the employment to which employees would have been equally
21    exposed outside of the employment.
22    An injury resulting directly or indirectly from idiopathic
23causes is not compensable.
24(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813,
25eff. 7-13-12.)



09900HB1287ham001- 9 -LRB099 05153 KTG 35924 a

1    Section 99. Effective date. This Act takes effect upon
2becoming law.".