Full Text of SB3831 96th General Assembly
SB3831 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3831
Introduced 2/11/2010, by Sen. Bill Brady SYNOPSIS AS INTRODUCED: |
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820 ILCS 305/1 |
from Ch. 48, par. 138.1 |
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Amends the Workers' Compensation Act. Makes a technical change to a Section
concerning definitions.
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A BILL FOR
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SB3831 |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Workers' Compensation Act is amended by | 5 |
| changing Section 1 as follows:
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| (820 ILCS 305/1) (from Ch. 48, par. 138.1)
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| Sec. 1. This Act may be cited as the the Workers' | 8 |
| Compensation Act.
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| (a) The term "employer" as used in this Act means:
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| 1. The State and each county, city, town, township, | 11 |
| incorporated
village, school district, body politic, or | 12 |
| municipal corporation
therein.
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| 2. Every person, firm, public or private corporation, | 14 |
| including
hospitals, public service, eleemosynary, religious | 15 |
| or charitable
corporations or associations who has any person | 16 |
| in service or under any
contract for hire, express or implied, | 17 |
| oral or written, and who is
engaged in any of the enterprises | 18 |
| or businesses enumerated in Section 3
of this Act, or who at or | 19 |
| prior to the time of the accident to the
employee for which | 20 |
| compensation under this Act may be claimed, has in
the manner | 21 |
| provided in this Act elected to become subject to the
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| provisions of this Act, and who has not, prior to such | 23 |
| accident,
effected a withdrawal of such election in the manner |
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| provided in this Act.
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| 3. Any one engaging in any business or enterprise referred | 3 |
| to in
subsections 1 and 2 of Section 3 of this Act who | 4 |
| undertakes to do any
work enumerated therein, is liable to pay | 5 |
| compensation to his own
immediate employees in accordance with | 6 |
| the provisions of this Act, and
in addition thereto if he | 7 |
| directly or indirectly engages any contractor
whether | 8 |
| principal or sub-contractor to do any such work, he is liable | 9 |
| to
pay compensation to the employees of any such contractor or
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| sub-contractor unless such contractor or sub-contractor has | 11 |
| insured, in
any company or association authorized under the | 12 |
| laws of this State to
insure the liability to pay compensation | 13 |
| under this Act, or guaranteed
his liability to pay such | 14 |
| compensation. With respect to any time
limitation on the filing | 15 |
| of claims provided by this Act, the timely
filing of a claim | 16 |
| against a contractor or subcontractor, as the case may
be, | 17 |
| shall be deemed to be a timely filing with respect to all | 18 |
| persons
upon whom liability is imposed by this paragraph.
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| In the event any such person pays compensation under this | 20 |
| subsection
he may recover the amount thereof from the | 21 |
| contractor or sub-contractor,
if any, and in the event the | 22 |
| contractor pays compensation under this
subsection he may | 23 |
| recover the amount thereof from the sub-contractor, if any.
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| This subsection does not apply in any case where the | 25 |
| accident occurs
elsewhere than on, in or about the immediate | 26 |
| premises on which the
principal has contracted that the work be |
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| done.
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| 4. Where an employer operating under and subject to the | 3 |
| provisions
of this Act loans an employee to another such | 4 |
| employer and such loaned
employee sustains a compensable | 5 |
| accidental injury in the employment of
such borrowing employer | 6 |
| and where such borrowing employer does not
provide or pay the | 7 |
| benefits or payments due such injured employee, such
loaning | 8 |
| employer is liable to provide or pay all benefits or payments
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| due such employee under this Act and as to such employee the | 10 |
| liability
of such loaning and borrowing employers is joint and | 11 |
| several, provided
that such loaning employer is in the absence | 12 |
| of agreement to the
contrary entitled to receive from such | 13 |
| borrowing employer full
reimbursement for all sums paid or | 14 |
| incurred pursuant to this paragraph
together with reasonable | 15 |
| attorneys' fees and expenses in any hearings
before the | 16 |
| Illinois Workers' Compensation Commission or in any action to | 17 |
| secure such
reimbursement. Where any benefit is provided or | 18 |
| paid by such loaning
employer the employee has the duty of | 19 |
| rendering reasonable cooperation
in any hearings, trials or | 20 |
| proceedings in the case, including such
proceedings for | 21 |
| reimbursement.
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| Where an employee files an Application for Adjustment of | 23 |
| Claim with
the Illinois Workers' Compensation
Commission | 24 |
| alleging that his claim is covered by the
provisions of the | 25 |
| preceding paragraph, and joining both the alleged
loaning and | 26 |
| borrowing employers, they and each of them, upon written
demand |
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| by the employee and within 7 days after receipt of such demand,
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| shall have the duty of filing with the Illinois Workers' | 3 |
| Compensation Commission a written
admission or denial of the | 4 |
| allegation that the claim is covered by the
provisions of the | 5 |
| preceding paragraph and in default of such filing or
if any | 6 |
| such denial be ultimately determined not to have been bona fide
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| then the provisions of Paragraph K of Section 19 of this Act | 8 |
| shall apply.
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| An employer whose business or enterprise or a substantial | 10 |
| part
thereof consists of hiring, procuring or furnishing | 11 |
| employees to or for
other employers operating under and subject | 12 |
| to the provisions of this
Act for the performance of the work | 13 |
| of such other employers and who pays
such employees their | 14 |
| salary or wages notwithstanding that they are doing
the work of | 15 |
| such other employers shall be deemed a loaning employer
within | 16 |
| the meaning and provisions of this Section.
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| (b) The term "employee" as used in this Act means:
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| 1. Every person in the service of the State, including | 19 |
| members of
the General Assembly, members of the Commerce | 20 |
| Commission, members of the
Illinois Workers' Compensation | 21 |
| Commission, and all persons in the service of the University
of | 22 |
| Illinois, county, including deputy sheriffs and assistant | 23 |
| state's
attorneys, city, town, township, incorporated village | 24 |
| or school
district, body politic, or municipal corporation | 25 |
| therein, whether by
election, under appointment or contract of | 26 |
| hire, express or implied,
oral or written, including all |
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| members of the Illinois National Guard
while on active duty in | 2 |
| the service of the State, and all probation
personnel of the | 3 |
| Juvenile Court appointed pursuant to Article VI
of the Juvenile | 4 |
| Court Act of 1987, and including any official of the
State, any | 5 |
| county, city, town, township, incorporated village, school
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| district, body politic or municipal corporation therein except | 7 |
| any duly
appointed member of a police department in any city | 8 |
| whose
population exceeds 200,000 according to the last Federal | 9 |
| or State
census, and except any member of a fire insurance | 10 |
| patrol maintained by a
board of underwriters in this State. A | 11 |
| duly appointed member of a fire
department in any city, the | 12 |
| population of which exceeds 200,000 according
to the last | 13 |
| federal or State census, is an employee under this Act only
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| with respect to claims brought under paragraph (c) of Section | 15 |
| 8.
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| One employed by a contractor who has contracted with the | 17 |
| State, or a
county, city, town, township, incorporated village, | 18 |
| school district,
body politic or municipal corporation | 19 |
| therein, through its
representatives, is not considered as an | 20 |
| employee of the State, county,
city, town, township, | 21 |
| incorporated village, school district, body
politic or | 22 |
| municipal corporation which made the contract.
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| 2. Every person in the service of another under any | 24 |
| contract of
hire, express or implied, oral or written, | 25 |
| including persons whose
employment is outside of the State of | 26 |
| Illinois where the contract of
hire is made within the State of |
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| Illinois, persons whose employment
results in fatal or | 2 |
| non-fatal injuries within the State of Illinois
where the | 3 |
| contract of hire is made outside of the State of Illinois, and
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| persons whose employment is principally localized within the | 5 |
| State of
Illinois, regardless of the place of the accident or | 6 |
| the place where the
contract of hire was made, and including | 7 |
| aliens, and minors who, for the
purpose of this Act are | 8 |
| considered the same and have the same power to
contract, | 9 |
| receive payments and give quittances therefor, as adult | 10 |
| employees.
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| 3. Every sole proprietor and every partner of a business | 12 |
| may elect to
be covered by this Act.
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| An employee or his dependents under this Act who shall have | 14 |
| a cause
of action by reason of any injury, disablement or death | 15 |
| arising out of
and in the course of his employment may elect to | 16 |
| pursue his remedy in
the State where injured or disabled, or in | 17 |
| the State where the contract
of hire is made, or in the State | 18 |
| where the employment is principally
localized.
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| However, any employer may elect to provide and pay | 20 |
| compensation to
any employee other than those engaged in the | 21 |
| usual course of the trade,
business, profession or occupation | 22 |
| of the employer by complying with
Sections 2 and 4 of this Act. | 23 |
| Employees are not included within the
provisions of this Act | 24 |
| when excluded by the laws of the United States
relating to | 25 |
| liability of employers to their employees for personal
injuries | 26 |
| where such laws are held to be exclusive.
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| The term "employee" does not include persons performing | 2 |
| services as real
estate broker, broker-salesman, or salesman | 3 |
| when such persons are paid by
commission only.
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| (c) "Commission" means the Industrial Commission created | 5 |
| by Section
5 of "The Civil Administrative Code of Illinois", | 6 |
| approved March 7,
1917, as amended, or the Illinois Workers' | 7 |
| Compensation Commission created by Section 13 of
this Act.
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| (Source: P.A. 93-721, eff. 1-1-05.)
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