Illinois General Assembly - Full Text of HB1287
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Full Text of HB1287  99th General Assembly


Rep. Jay Hoffman

Filed: 6/3/2015





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2    AMENDMENT NO. ______. Amend House Bill 1287, AS AMENDED, by
3inserting the following in its proper numeric sequence in this
5    "Section 6. 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
16or charitable corporations or associations who has any person



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



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



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



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1members of the General Assembly, members of the Commerce
2Commission, members of the Illinois Workers' Compensation
3Commission, and all persons in the service of the University of
4Illinois, county, including deputy sheriffs and assistant
5state's attorneys, city, town, township, incorporated village
6or school district, body politic, or municipal corporation
7therein, whether by election, under appointment or contract of
8hire, express or implied, oral or written, including all
9members of the Illinois National Guard while on active duty in
10the service of the State, and all probation personnel of the
11Juvenile Court appointed pursuant to Article VI of the Juvenile
12Court Act of 1987, and including any official of the State, any
13county, city, town, township, incorporated village, school
14district, body politic or municipal corporation therein except
15any duly appointed member of a police department in any city
16whose population exceeds 500,000 according to the last Federal
17or State census, and except any member of a fire insurance
18patrol maintained by a board of underwriters in this State. A
19duly appointed member of a fire department in any city, the
20population of which exceeds 500,000 according to the last
21federal or State census, is an employee under this Act only
22with respect to claims brought under paragraph (c) of Section
24    One employed by a contractor who has contracted with the
25State, or a county, city, town, township, incorporated village,
26school district, body politic or municipal corporation



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



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1    However, any employer may elect to provide and pay
2compensation to any employee other than those engaged in the
3usual course of the trade, business, profession or occupation
4of the employer by complying with Sections 2 and 4 of this Act.
5Employees are not included within the provisions of this Act
6when excluded by the laws of the United States relating to
7liability of employers to their employees for personal injuries
8where such laws are held to be exclusive.
9    The term "employee" does not include persons performing
10services as real estate broker, broker-salesman, or salesman
11when such persons are paid by commission only.
12    (c) "Commission" means the Industrial Commission created
13by Section 5 of "The Civil Administrative Code of Illinois",
14approved March 7, 1917, as amended, or the Illinois Workers'
15Compensation Commission created by Section 13 of this Act.
16    (d) To obtain compensation under this Act, an employee
17bears the burden of showing, by a preponderance of the
18evidence, that he or she has sustained accidental injuries
19arising out of and in the course of the employment. Except as
20provided in subsection (e) of this Section, accidental injuries
21sustained while traveling to or from work do not arise out of
22and in the course of employment.
23    For the purposes of this subsection (d):
24    "In the course of employment" refers to the time, place,
25and circumstances surrounding the accidental injuries.
26    "Arising out of the employment" refers to causal



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1connection. It must be shown that the injury had its origin in
2some risk connected with, or incidental to, the employment so
3as to create a causal connection between the employment and the
4accidental injuries. An injury arises out of the employment if,
5at the time of the occurrence, the employee was performing acts
6he or she was instructed to perform by his or her employer,
7acts which he or she had a common law or statutory duty to
8perform, or acts which the employee might reasonably be
9expected to perform incident to his or her assigned duties. A
10risk is incidental to the employment where it belongs to or is
11connected with what an employee has to do in fulfilling his or
12her duties.
13    (e) Where an employee is required to travel away from his
14or her employer's premises in order to perform his or her job,
15the traveling employee's accidental injuries arise out of his
16or her employment, and are in the course of his or her
17employment, when the conduct in which he or she was engaged at
18the time of the injury is reasonable and when that conduct
19might have been anticipated or foreseen by the employer.
20Accidental injuries while traveling do not occur in the course
21of employment if the accident occurs during a purely personal
22deviation or personal errand unless such deviation or errand is
24(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813,
25eff. 7-13-12.)".