Full Text of SB1863 100th General Assembly
SB1863 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1863 Introduced 2/9/2017, by Sen. Dan McConchie SYNOPSIS AS INTRODUCED: |
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820 ILCS 305/16a | from Ch. 48, par. 138.16a |
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Amends the Workers' Compensation Act. Limits attorney's fees to 15%, rather than 20%, of the sum which would be due under this Act for 364 weeks of permanent total disability based upon the employee's average weekly wage. Effective immediately.
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| | A BILL FOR |
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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 16a as follows:
| 6 | | (820 ILCS 305/16a) (from Ch. 48, par. 138.16a)
| 7 | | Sec. 16a. (A) In the establishment or approval of | 8 | | attorney's fees in relation
to claims brought under this Act, | 9 | | the Commission shall be guided by the
provisions of this | 10 | | Section and by the legislative intent, hereby declared, to
| 11 | | encourage settlement and prompt administrative handling of | 12 | | such claims
and thereby reduce expenses to claimants for | 13 | | compensation under this Act.
| 14 | | (B) With respect to any and all proceedings in connection | 15 | | with any initial
or original claim under this Act, no claim of | 16 | | any attorney for services
rendered in connection with the | 17 | | securing of compensation for an employee
or his dependents, | 18 | | whether secured by agreement, order, award or a judgment
in any | 19 | | court shall exceed 20% of the amount of compensation recovered | 20 | | and
paid, unless further fees shall be allowed to the attorney | 21 | | upon a hearing
by the Commission fixing fees, and subject to | 22 | | the other
provisions of this Section. However, except as | 23 | | hereinafter provided
in this Section, in death cases, total |
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| 1 | | disability cases and partial disability
cases, the amount of an | 2 | | attorney's fees shall not exceed 15% 20% of the sum
which would | 3 | | be due under this Act for 364 weeks of permanent total | 4 | | disability
based upon the employee's average gross weekly wage | 5 | | prior to the date of
the accident and subject to the maximum | 6 | | weekly benefits provided in this
Act unless further fees shall | 7 | | be allowed to the attorney upon a hearing
by the Commission | 8 | | fixing fees.
| 9 | | (C) All attorneys' fees in connection with the initial or | 10 | | original claim
for compensation shall be fixed pursuant to a | 11 | | written contract on forms
prescribed by the Commission between | 12 | | the attorney and the employee or his
dependents, and every | 13 | | attorney, whether the disposition of the original
claim is by | 14 | | agreement, settlement, award,
judgment or otherwise, shall | 15 | | file his contract with the Chairman of the Commission who
shall | 16 | | approve the contract only if it is in accordance with all | 17 | | provisions
of this Section.
| 18 | | (D) No attorneys' fees shall be charged with respect to | 19 | | compensation for
undisputed medical expenses.
| 20 | | (E) No attorneys' fees shall be charged in connection with | 21 | | any temporary
total disability compensation unless the payment | 22 | | of such compensation in
a timely manner or in the
proper amount | 23 | | is refused, or unless such compensation
is terminated
by the | 24 | | employer and the payment of such compensation is obtained or | 25 | | reinstated
by the efforts of the attorney, whether by | 26 | | agreement, settlement, award or judgment.
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| 1 | | (F) In the following cases in which there is no dispute | 2 | | between the parties
as to the liability of the respondent to | 3 | | pay compensation in a timely manner
or in the proper amount and | 4 | | there is no dispute that the accident has resulted in:
| 5 | | (1) the death of the employee; or
| 6 | | (2) a statutory permanent disability; or
| 7 | | (3) the amputation of a finger, toe, or member; or
| 8 | | (4) the removal of a testicle; or
| 9 | | (5) the enucleation of or 100% loss of vision of an | 10 | | eye;
| 11 | | the legal fees, if any, for services rendered are to be fixed | 12 | | by the Illinois Workers' Compensation
Commission at a nominal | 13 | | amount, not exceeding $100.
| 14 | | (G) In the following cases in which there is no dispute | 15 | | between the
parties as to the liability of the respondent to | 16 | | pay compensation and there
is no dispute that the accident has | 17 | | resulted in:
| 18 | | (1) a fracture of one or more vertebrae; or
| 19 | | (2) a skull fracture; or
| 20 | | (3) a fracture of one or more spinous or transverse | 21 | | processes; or
| 22 | | (4) a fracture of one or more facial bones; or
| 23 | | (5) the removal of a kidney, spleen or lung;
| 24 | | the legal fees, if any, for services rendered are to be fixed | 25 | | by the Illinois Workers' Compensation
Commission at a nominal | 26 | | amount, not exceeding $100, provided that the employee
is |
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| 1 | | awarded the minimum amount for the above injuries as specified | 2 | | in Section 8(d)2.
| 3 | | (H) With regard to any claim where the amount to be paid | 4 | | for compensation
does not exceed the written offer made to the | 5 | | claimant or claimants by the
employer or his agent prior to | 6 | | representation by an attorney, no fees shall
be paid to any | 7 | | such attorney.
| 8 | | (I) All attorneys' fees for representation of an employee | 9 | | or his dependents
shall be only recoverable from compensation | 10 | | actually paid to such employee
or dependents.
| 11 | | (J) Any and all disputes regarding attorneys' fees, whether | 12 | | such disputes
relate to which one or more attorneys represents | 13 | | the claimant or claimants
or is entitled to the attorneys' | 14 | | fees, or a division of attorneys' fees
where the claimant or | 15 | | claimants are or have been represented by more than
one | 16 | | attorney, or any other disputes concerning attorneys' fees or | 17 | | contracts
for attorneys' fees, shall be heard and determined by | 18 | | the Commission after
reasonable notice to all interested | 19 | | parties and attorneys.
| 20 | | (K) After reasonable notice and hearing before the | 21 | | Commission, any attorney
found to be in violation of any | 22 | | provision of this Section shall be required
to make restitution | 23 | | of any excess fees charged plus interest at a reasonable
rate | 24 | | as determined by the Commission.
| 25 | | (Source: P.A. 93-721, eff. 1-1-05.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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