Full Text of HB1427 97th General Assembly
HB1427enr 97TH 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 Sections 1 and 8 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 | 8 | | Act.
| 9 | | (a) The term "employer" as used in this Act means:
| 10 | | 1. The State and each county, city, town, township, | 11 | | incorporated
village, school district, body politic, or | 12 | | municipal corporation
therein.
| 13 | | 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
| 22 | | 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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| 1 | | provided in this Act.
| 2 | | 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
| 10 | | 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.
| 19 | | 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.
| 24 | | 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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| 1 | | done.
| 2 | | 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
| 9 | | 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.
| 22 | | 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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| 1 | | by the employee and within 7 days after receipt of such demand,
| 2 | | 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
| 7 | | then the provisions of Paragraph K of Section 19 of this Act | 8 | | shall apply.
| 9 | | 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.
| 17 | | (b) The term "employee" as used in this Act means:
| 18 | | 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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| 1 | | 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
| 6 | | district, body politic or municipal corporation therein except | 7 | | any duly
appointed member of a police department in any city | 8 | | whose
population exceeds 500,000 200,000 according to the last | 9 | | Federal or State
census, and except any member of a fire | 10 | | insurance patrol maintained by a
board of underwriters in this | 11 | | State. A duly appointed member of a fire
department in any | 12 | | city, the population of which exceeds 500,000 200,000 according
| 13 | | to the last federal or State census, is an employee under this | 14 | | Act only
with respect to claims brought under paragraph (c) of | 15 | | Section 8.
| 16 | | 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.
| 23 | | 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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| 1 | | 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
| 4 | | 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.
| 11 | | 3. Every sole proprietor and every partner of a business | 12 | | may elect to
be covered by this Act.
| 13 | | 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.
| 19 | | 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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| 1 | | 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.
| 4 | | (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.
| 8 | | (Source: P.A. 93-721, eff. 1-1-05.)
| 9 | | (820 ILCS 305/8) (from Ch. 48, par. 138.8)
| 10 | | Sec. 8. The amount of compensation which shall be paid to | 11 | | the
employee for an accidental injury not resulting in death | 12 | | is:
| 13 | | (a) The employer shall provide and pay the negotiated rate, | 14 | | if applicable, or the lesser of the health care provider's | 15 | | actual charges or according to a fee schedule, subject to | 16 | | Section 8.2, in effect at the time the service was rendered for | 17 | | all the necessary first
aid, medical and surgical services, and | 18 | | all necessary medical, surgical
and hospital services | 19 | | thereafter incurred, limited, however, to that
which is | 20 | | reasonably required to cure or relieve from the effects of the
| 21 | | accidental injury. If the employer does not dispute payment of | 22 | | first aid, medical, surgical,
and hospital services, the | 23 | | employer shall make such payment to the provider on behalf of | 24 | | the employee. The employer shall also pay for treatment,
| 25 | | instruction and training necessary for the physical, mental and
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| 1 | | vocational rehabilitation of the employee, including all | 2 | | maintenance
costs and expenses incidental thereto. If as a | 3 | | result of the injury the
employee is unable to be | 4 | | self-sufficient the employer shall further pay
for such | 5 | | maintenance or institutional care as shall be required.
| 6 | | The employee may at any time elect to secure his own | 7 | | physician,
surgeon and hospital services at the employer's | 8 | | expense, or,
| 9 | | Upon agreement between the employer and the employees, or | 10 | | the employees'
exclusive representative, and subject to the | 11 | | approval of the Illinois Workers' Compensation
Commission, the | 12 | | employer shall maintain a list of physicians, to be
known as a | 13 | | Panel of Physicians, who are accessible to the employees.
The | 14 | | employer shall post this list in a place or places easily | 15 | | accessible
to his employees. The employee shall have the right | 16 | | to make an
alternative choice of physician from such Panel if | 17 | | he is not satisfied
with the physician first selected. If, due | 18 | | to the nature of the injury
or its occurrence away from the | 19 | | employer's place of business, the
employee is unable to make a | 20 | | selection from the Panel, the selection
process from the Panel | 21 | | shall not apply. The physician selected from the
Panel may | 22 | | arrange for any consultation, referral or other specialized
| 23 | | medical services outside the Panel at the employer's expense. | 24 | | Provided
that, in the event the Commission shall find that a | 25 | | doctor selected by
the employee is rendering improper or | 26 | | inadequate care, the Commission
may order the employee to |
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| 1 | | select another doctor certified or qualified
in the medical | 2 | | field for which treatment is required. If the employee
refuses | 3 | | to make such change the Commission may relieve the employer of
| 4 | | his obligation to pay the doctor's charges from the date of | 5 | | refusal to
the date of compliance.
| 6 | | Any vocational rehabilitation counselors who provide | 7 | | service under this Act shall have
appropriate certifications | 8 | | which designate the counselor as qualified to render
opinions | 9 | | relating to vocational rehabilitation. Vocational | 10 | | rehabilitation
may include, but is not limited to, counseling | 11 | | for job searches, supervising
a job search program, and | 12 | | vocational retraining including education at an
accredited | 13 | | learning institution. The employee or employer may petition to | 14 | | the Commission to decide disputes relating to vocational | 15 | | rehabilitation and the Commission shall resolve any such | 16 | | dispute, including payment of the vocational rehabilitation | 17 | | program by the employer. | 18 | | The maintenance benefit shall not be less than the | 19 | | temporary total disability
rate determined for the employee. In | 20 | | addition, maintenance shall include costs
and expenses | 21 | | incidental to the vocational rehabilitation program. | 22 | | When the employee is working light duty on a part-time | 23 | | basis or full-time
basis
and earns less than he or she would be | 24 | | earning if employed in the full capacity
of the job or jobs, | 25 | | then the employee shall be entitled to temporary partial | 26 | | disability benefits. Temporary partial disability benefits |
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| 1 | | shall be
equal to two-thirds of
the difference between the | 2 | | average amount that the employee would be able to
earn in the | 3 | | full performance of his or her duties in the occupation in | 4 | | which he
or she was engaged at the time of accident and the net | 5 | | amount which he or she
is
earning in the modified job provided | 6 | | to the employee by the employer or in any other job that the | 7 | | employee is working. | 8 | | Every hospital, physician, surgeon or other person | 9 | | rendering
treatment or services in accordance with the | 10 | | provisions of this Section
shall upon written request furnish | 11 | | full and complete reports thereof to,
and permit their records | 12 | | to be copied by, the employer, the employee or
his dependents, | 13 | | as the case may be, or any other party to any proceeding
for | 14 | | compensation before the Commission, or their attorneys.
| 15 | | Notwithstanding the foregoing, the employer's liability to | 16 | | pay for such
medical services selected by the employee shall be | 17 | | limited to:
| 18 | | (1) all first aid and emergency treatment; plus
| 19 | | (2) all medical, surgical and hospital services | 20 | | provided by the
physician, surgeon or hospital initially | 21 | | chosen by the employee or by any
other physician, | 22 | | consultant, expert, institution or other provider of
| 23 | | services recommended by said initial service provider or | 24 | | any subsequent
provider of medical services in the chain of | 25 | | referrals from said
initial service provider; plus
| 26 | | (3) all medical, surgical and hospital services |
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| 1 | | provided by any second
physician, surgeon or hospital | 2 | | subsequently chosen by the employee or by
any other | 3 | | physician, consultant, expert, institution or other | 4 | | provider of
services recommended by said second service | 5 | | provider or any subsequent provider
of medical services in | 6 | | the chain of referrals
from said second service provider. | 7 | | Thereafter the employer shall select
and pay for all | 8 | | necessary medical, surgical and hospital treatment and the
| 9 | | employee may not select a provider of medical services at | 10 | | the employer's
expense unless the employer agrees to such | 11 | | selection. At any time the employee
may obtain any medical | 12 | | treatment he desires at his own expense. This paragraph
| 13 | | shall not affect the duty to pay for rehabilitation | 14 | | referred to above.
| 15 | | When an employer and employee so agree in writing, nothing | 16 | | in this
Act prevents an employee whose injury or disability has | 17 | | been established
under this Act, from relying in good faith, on | 18 | | treatment by prayer or
spiritual means alone, in accordance | 19 | | with the tenets and practice of a
recognized church or | 20 | | religious denomination, by a duly accredited
practitioner | 21 | | thereof, and having nursing services appropriate therewith,
| 22 | | without suffering loss or diminution of the compensation | 23 | | benefits under
this Act. However, the employee shall submit to | 24 | | all physical
examinations required by this Act. The cost of | 25 | | such treatment and
nursing care shall be paid by the employee | 26 | | unless the employer agrees to
make such payment.
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| 1 | | Where the accidental injury results in the amputation of an | 2 | | arm,
hand, leg or foot, or the enucleation of an eye, or the | 3 | | loss of any of
the natural teeth, the employer shall furnish an | 4 | | artificial of any such
members lost or damaged in accidental | 5 | | injury arising out of and in the
course of employment, and | 6 | | shall also furnish the necessary braces in all
proper and | 7 | | necessary cases. In cases of the loss of a member or members
by | 8 | | amputation, the employer shall, whenever necessary, maintain | 9 | | in good
repair, refit or replace the artificial limbs during | 10 | | the lifetime of the
employee. Where the accidental injury | 11 | | accompanied by physical injury
results in damage to a denture, | 12 | | eye glasses or contact eye lenses, or
where the accidental | 13 | | injury results in damage to an artificial member,
the employer | 14 | | shall replace or repair such denture, glasses, lenses, or
| 15 | | artificial member.
| 16 | | The furnishing by the employer of any such services or | 17 | | appliances is
not an admission of liability on the part of the | 18 | | employer to pay
compensation.
| 19 | | The furnishing of any such services or appliances or the | 20 | | servicing
thereof by the employer is not the payment of | 21 | | compensation.
| 22 | | (b) If the period of temporary total incapacity for work | 23 | | lasts more
than 3 working days, weekly compensation as | 24 | | hereinafter provided shall
be paid beginning on the 4th day of | 25 | | such temporary total incapacity and
continuing as long as the | 26 | | total temporary incapacity lasts. In cases
where the temporary |
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| 1 | | total incapacity for work continues for a period of
14 days or | 2 | | more from the day of the accident compensation shall commence
| 3 | | on the day after the accident.
| 4 | | 1. The compensation rate for temporary total | 5 | | incapacity under this
paragraph (b) of this Section shall | 6 | | be equal to 66 2/3% of the
employee's average weekly wage | 7 | | computed in accordance with Section 10,
provided that it | 8 | | shall be not less than 66 2/3% of the sum of the Federal | 9 | | minimum wage under the Fair Labor
Standards Act, or the | 10 | | Illinois minimum wage under the Minimum Wage Law,
whichever | 11 | | is more, multiplied by 40 hours. This percentage rate shall | 12 | | be
increased by 10% for each spouse and child, not to | 13 | | exceed 100% of the total
minimum wage calculation,
| 14 | | nor exceed the employee's average weekly wage computed in | 15 | | accordance
with the provisions of Section 10, whichever is | 16 | | less.
| 17 | | 2. The compensation rate in all cases other than for | 18 | | temporary total
disability under this paragraph (b), and | 19 | | other than for serious and
permanent disfigurement under | 20 | | paragraph (c) and other than for permanent
partial | 21 | | disability under subparagraph (2) of paragraph (d) or under
| 22 | | paragraph (e), of this Section shall be equal to 66
2/3% of | 23 | | the employee's average weekly wage computed in accordance | 24 | | with
the provisions of Section 10, provided that it shall | 25 | | be not less than
66 2/3% of the sum of the Federal minimum | 26 | | wage under the Fair Labor Standards Act, or the Illinois |
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| 1 | | minimum wage under the Minimum Wage Law, whichever is more, | 2 | | multiplied by 40 hours. This percentage rate shall be | 3 | | increased by 10% for each spouse and child, not to exceed | 4 | | 100% of the total minimum wage calculation,
| 5 | | nor exceed the employee's average weekly wage computed in | 6 | | accordance
with the provisions of Section 10, whichever is | 7 | | less.
| 8 | | 2.1. The compensation rate in all cases of serious and | 9 | | permanent
disfigurement under paragraph (c) and of | 10 | | permanent partial disability
under subparagraph (2) of | 11 | | paragraph (d) or under paragraph (e) of this
Section shall | 12 | | be equal to
60% of the employee's average
weekly wage | 13 | | computed in accordance with
the provisions of Section 10, | 14 | | provided that it shall be not less than
66 2/3% of the sum | 15 | | of the Federal minimum wage under the Fair Labor Standards | 16 | | Act, or the Illinois minimum wage under the Minimum Wage | 17 | | Law, whichever is more, multiplied by 40 hours. This | 18 | | percentage rate shall be increased by 10% for each spouse | 19 | | and child, not to exceed 100% of the total minimum wage | 20 | | calculation,
| 21 | | nor exceed the employee's average weekly wage computed in | 22 | | accordance
with the provisions of Section 10, whichever is | 23 | | less.
| 24 | | 3. As used in this Section the term "child" means a | 25 | | child of the
employee including any child legally adopted | 26 | | before the accident or whom
at the time of the accident the |
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| 1 | | employee was under legal obligation to
support or to whom | 2 | | the employee stood in loco parentis, and who at the
time of | 3 | | the accident was under 18 years of age and not emancipated. | 4 | | The
term "children" means the plural of "child".
| 5 | | 4. All weekly compensation rates provided under | 6 | | subparagraphs 1,
2 and 2.1 of this paragraph (b) of this | 7 | | Section shall be subject to the
following limitations:
| 8 | | The maximum weekly compensation rate from July 1, 1975, | 9 | | except as
hereinafter provided, shall be 100% of the | 10 | | State's average weekly wage in
covered industries under the | 11 | | Unemployment Insurance Act, that being the
wage that most | 12 | | closely approximates the State's average weekly wage.
| 13 | | The maximum weekly compensation rate, for the period | 14 | | July 1, 1984,
through June 30, 1987, except as hereinafter | 15 | | provided, shall be $293.61.
Effective July 1, 1987 and on | 16 | | July 1 of each year thereafter the maximum
weekly | 17 | | compensation rate, except as hereinafter provided, shall | 18 | | be
determined as follows: if during the preceding 12 month | 19 | | period there shall
have been an increase in the State's | 20 | | average weekly wage in covered
industries under the | 21 | | Unemployment Insurance Act, the weekly compensation
rate | 22 | | shall be proportionately increased by the same percentage | 23 | | as the
percentage of increase in the State's average weekly | 24 | | wage in covered
industries under the Unemployment | 25 | | Insurance Act during such period.
| 26 | | The maximum weekly compensation rate, for the period |
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| 1 | | January 1, 1981
through December 31, 1983, except as | 2 | | hereinafter provided, shall be 100% of
the State's average | 3 | | weekly wage in covered industries under the
Unemployment | 4 | | Insurance Act in effect on January 1, 1981. Effective | 5 | | January
1, 1984 and on January 1, of each year thereafter | 6 | | the maximum weekly
compensation rate, except as | 7 | | hereinafter provided, shall be determined as
follows: if | 8 | | during the preceding 12 month period there shall have been | 9 | | an
increase in the State's average weekly wage in covered | 10 | | industries under the
Unemployment Insurance Act, the | 11 | | weekly compensation rate shall be
proportionately | 12 | | increased by the same percentage as the percentage of
| 13 | | increase in the State's average weekly wage in covered | 14 | | industries under the
Unemployment Insurance Act during | 15 | | such period.
| 16 | | From July 1, 1977 and thereafter such maximum weekly | 17 | | compensation
rate in death cases under Section 7, and | 18 | | permanent total disability
cases under paragraph (f) or | 19 | | subparagraph 18 of paragraph (3) of this
Section and for | 20 | | temporary total disability under paragraph (b) of this
| 21 | | Section and for amputation of a member or enucleation of an | 22 | | eye under
paragraph (e) of this Section shall be increased | 23 | | to 133-1/3% of the
State's average weekly wage in covered | 24 | | industries under the
Unemployment Insurance Act.
| 25 | | For injuries occurring on or after February 1, 2006, | 26 | | the maximum weekly benefit under paragraph (d)1 of this |
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| 1 | | Section shall be 100% of the State's average weekly wage in | 2 | | covered industries under the Unemployment Insurance Act.
| 3 | | 4.1. Any provision herein to the contrary | 4 | | notwithstanding, the
weekly compensation rate for | 5 | | compensation payments under subparagraph 18
of paragraph | 6 | | (e) of this Section and under paragraph (f) of this
Section | 7 | | and under paragraph (a) of Section 7 and for amputation of | 8 | | a member or enucleation of an eye under paragraph (e) of | 9 | | this Section, shall in no event be less
than 50% of the | 10 | | State's average weekly wage in covered industries under
the | 11 | | Unemployment Insurance Act.
| 12 | | 4.2. Any provision to the contrary notwithstanding, | 13 | | the total
compensation payable under Section 7 shall not | 14 | | exceed the greater of $500,000
or 25
years.
| 15 | | 5. For the purpose of this Section this State's average | 16 | | weekly wage
in covered industries under the Unemployment | 17 | | Insurance Act on
July 1, 1975 is hereby fixed at $228.16 | 18 | | per
week and the computation of compensation rates shall be | 19 | | based on the
aforesaid average weekly wage until modified | 20 | | as hereinafter provided.
| 21 | | 6. The Department of Employment Security of the State | 22 | | shall
on or before the first day of December, 1977, and on | 23 | | or before the first
day of June, 1978, and on the first day | 24 | | of each December and June of each
year thereafter, publish | 25 | | the State's average weekly wage in covered
industries under | 26 | | the Unemployment Insurance Act and the Illinois Workers' |
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| 1 | | Compensation
Commission shall on the 15th day of January, | 2 | | 1978 and on the 15th day of
July, 1978 and on the 15th day | 3 | | of each January and July of each year
thereafter, post and | 4 | | publish the State's average weekly wage in covered
| 5 | | industries under the Unemployment Insurance Act as last | 6 | | determined and
published by the Department of Employment | 7 | | Security. The amount when so
posted and published shall be | 8 | | conclusive and shall be applicable as the
basis of | 9 | | computation of compensation rates until the next posting | 10 | | and
publication as aforesaid.
| 11 | | 7. The payment of compensation by an employer or his | 12 | | insurance
carrier to an injured employee shall not | 13 | | constitute an admission of the
employer's liability to pay | 14 | | compensation.
| 15 | | (c) For any serious and permanent disfigurement to the | 16 | | hand, head,
face, neck, arm, leg below the knee or the chest | 17 | | above the axillary
line, the employee is entitled to | 18 | | compensation for such disfigurement,
the amount determined by | 19 | | agreement at any time or by arbitration under
this Act, at a | 20 | | hearing not less than 6 months after the date of the
accidental | 21 | | injury, which amount shall not exceed 150 weeks (if the | 22 | | accidental injury occurs on or after the effective date of this | 23 | | amendatory Act of the 94th General Assembly
but before February
| 24 | | 1, 2006) or 162
weeks (if the accidental injury occurs on or | 25 | | after February
1, 2006) at the
applicable rate provided in | 26 | | subparagraph 2.1 of paragraph (b) of this Section.
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| 1 | | No compensation is payable under this paragraph where | 2 | | compensation is
payable under paragraphs (d), (e) or (f) of | 3 | | this Section.
| 4 | | A duly appointed member of a fire department in a city, the | 5 | | population of
which exceeds 500,000 200,000 according to the | 6 | | last federal or State census, is
eligible for compensation | 7 | | under this paragraph only where such serious and
permanent | 8 | | disfigurement results from burns.
| 9 | | (d) 1. If, after the accidental injury has been sustained, | 10 | | the
employee as a result thereof becomes partially | 11 | | incapacitated from
pursuing his usual and customary line of | 12 | | employment, he shall, except in
cases compensated under the | 13 | | specific schedule set forth in paragraph (e)
of this Section, | 14 | | receive compensation for the duration of his
disability, | 15 | | subject to the limitations as to maximum amounts fixed in
| 16 | | paragraph (b) of this Section, equal to 66-2/3% of the | 17 | | difference
between the average amount which he would be able to | 18 | | earn in the full
performance of his duties in the occupation in | 19 | | which he was engaged at
the time of the accident and the | 20 | | average amount which he is earning or
is able to earn in some | 21 | | suitable employment or business after the accident.
| 22 | | 2. If, as a result of the accident, the employee sustains | 23 | | serious
and permanent injuries not covered by paragraphs (c) | 24 | | and (e) of this
Section or having sustained injuries covered by | 25 | | the aforesaid
paragraphs (c) and (e), he shall have sustained | 26 | | in addition thereto
other injuries which injuries do not |
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| 1 | | incapacitate him from pursuing the
duties of his employment but | 2 | | which would disable him from pursuing other
suitable | 3 | | occupations, or which have otherwise resulted in physical
| 4 | | impairment; or if such injuries partially incapacitate him from | 5 | | pursuing
the duties of his usual and customary line of | 6 | | employment but do not
result in an impairment of earning | 7 | | capacity, or having resulted in an
impairment of earning | 8 | | capacity, the employee elects to waive his right
to recover | 9 | | under the foregoing subparagraph 1 of paragraph (d) of this
| 10 | | Section then in any of the foregoing events, he shall receive | 11 | | in
addition to compensation for temporary total disability | 12 | | under paragraph
(b) of this Section, compensation at the rate | 13 | | provided in subparagraph 2.1
of paragraph (b) of this Section | 14 | | for that percentage of 500 weeks that
the partial disability | 15 | | resulting from the injuries covered by this
paragraph bears to | 16 | | total disability. If the employee shall have
sustained a | 17 | | fracture of one or more vertebra or fracture of the skull,
the | 18 | | amount of compensation allowed under this Section shall be not | 19 | | less
than 6 weeks for a fractured skull and 6 weeks for each | 20 | | fractured
vertebra, and in the event the employee shall have | 21 | | sustained a fracture
of any of the following facial bones: | 22 | | nasal, lachrymal, vomer, zygoma,
maxilla, palatine or | 23 | | mandible, the amount of compensation allowed under
this Section | 24 | | shall be not less than 2 weeks for each such fractured
bone, | 25 | | and for a fracture of each transverse process not less than 3
| 26 | | weeks. In the event such injuries shall result in the loss of a |
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| 1 | | kidney,
spleen or lung, the amount of compensation allowed | 2 | | under this Section
shall be not less than 10 weeks for each | 3 | | such organ. Compensation
awarded under this subparagraph 2 | 4 | | shall not take into consideration
injuries covered under | 5 | | paragraphs (c) and (e) of this Section and the
compensation | 6 | | provided in this paragraph shall not affect the employee's
| 7 | | right to compensation payable under paragraphs (b), (c) and (e) | 8 | | of this
Section for the disabilities therein covered.
| 9 | | (e) For accidental injuries in the following schedule, the | 10 | | employee
shall receive compensation for the period of temporary | 11 | | total incapacity
for work resulting from such accidental | 12 | | injury, under subparagraph 1 of
paragraph (b) of this Section, | 13 | | and shall receive in addition thereto
compensation for a | 14 | | further period for the specific loss herein
mentioned, but | 15 | | shall not receive any compensation under any other
provisions | 16 | | of this Act. The following listed amounts apply to either
the | 17 | | loss of or the permanent and complete loss of use of the member
| 18 | | specified, such compensation for the length of time as follows:
| 19 | | 1. Thumb- | 20 | | 70 weeks if the accidental injury occurs on or | 21 | | after the effective date of this amendatory Act of the | 22 | | 94th General Assembly
but before February
1, 2006.
| 23 | | 76
weeks if the accidental injury occurs on or | 24 | | after February
1, 2006.
| 25 | | 2. First, or index finger- | 26 | | 40 weeks if the accidental injury occurs on or |
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| 1 | | after the effective date of this amendatory Act of the | 2 | | 94th General Assembly
but before February
1, 2006.
| 3 | | 43
weeks if the accidental injury occurs on or | 4 | | after February
1, 2006.
| 5 | | 3. Second, or middle finger- | 6 | | 35 weeks if the accidental injury occurs on or | 7 | | after the effective date of this amendatory Act of the | 8 | | 94th General Assembly
but before February
1, 2006.
| 9 | | 38
weeks if the accidental injury occurs on or | 10 | | after February
1, 2006.
| 11 | | 4. Third, or ring finger- | 12 | | 25 weeks if the accidental injury occurs on or | 13 | | after the effective date of this amendatory Act of the | 14 | | 94th General Assembly
but before February
1, 2006.
| 15 | | 27
weeks if the accidental injury occurs on or | 16 | | after February
1, 2006.
| 17 | | 5. Fourth, or little finger- | 18 | | 20 weeks if the accidental injury occurs on or | 19 | | after the effective date of this amendatory Act of the | 20 | | 94th General Assembly
but before February
1, 2006.
| 21 | | 22
weeks if the accidental injury occurs on or | 22 | | after February
1, 2006.
| 23 | | 6. Great toe- | 24 | | 35 weeks if the accidental injury occurs on or | 25 | | after the effective date of this amendatory Act of the | 26 | | 94th General Assembly
but before February
1, 2006.
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| 1 | | 38
weeks if the accidental injury occurs on or | 2 | | after February
1, 2006.
| 3 | | 7. Each toe other than great toe- | 4 | | 12 weeks if the accidental injury occurs on or | 5 | | after the effective date of this amendatory Act of the | 6 | | 94th General Assembly
but before February
1, 2006.
| 7 | | 13
weeks if the accidental injury occurs on or | 8 | | after February
1, 2006.
| 9 | | 8. The loss of the first or distal phalanx of the thumb | 10 | | or of any
finger or toe shall be considered to be equal to | 11 | | the loss of one-half of
such thumb, finger or toe and the | 12 | | compensation payable shall be one-half
of the amount above | 13 | | specified. The loss of more than one phalanx shall
be | 14 | | considered as the loss of the entire thumb, finger or toe. | 15 | | In no
case shall the amount received for more than one | 16 | | finger exceed the
amount provided in this schedule for the | 17 | | loss of a hand.
| 18 | | 9. Hand- | 19 | | 190 weeks if the accidental injury occurs on or | 20 | | after the effective date of this amendatory Act of the | 21 | | 94th General Assembly
but before February
1, 2006.
| 22 | | 205
weeks if the accidental injury occurs on or | 23 | | after February
1, 2006. | 24 | | The loss of 2 or more digits, or one or more
phalanges | 25 | | of 2 or more digits, of a hand may be compensated on the | 26 | | basis
of partial loss of use of a hand, provided, further, |
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| 1 | | that the loss of 4
digits, or the loss of use of 4 digits, | 2 | | in the same hand shall
constitute the complete loss of a | 3 | | hand.
| 4 | | 10. Arm- | 5 | | 235 weeks if the accidental injury occurs on or | 6 | | after the effective date of this amendatory Act of the | 7 | | 94th General Assembly
but before February
1, 2006.
| 8 | | 253
weeks if the accidental injury occurs on or | 9 | | after February
1, 2006. | 10 | | Where an accidental injury results in the
amputation of | 11 | | an arm below the elbow, such injury shall be compensated
as | 12 | | a loss of an arm. Where an accidental injury results in the
| 13 | | amputation of an arm above the elbow, compensation for an | 14 | | additional 15 weeks (if the accidental injury occurs on or | 15 | | after the effective date of this amendatory Act of the 94th | 16 | | General Assembly
but before February
1, 2006) or an | 17 | | additional 17
weeks (if the accidental injury occurs on or | 18 | | after February
1, 2006) shall be paid, except where the | 19 | | accidental injury results in the
amputation of an arm at | 20 | | the shoulder joint, or so close to shoulder
joint that an | 21 | | artificial arm cannot be used, or results in the
| 22 | | disarticulation of an arm at the shoulder joint, in which | 23 | | case
compensation for an additional 65 weeks (if the | 24 | | accidental injury occurs on or after the effective date of | 25 | | this amendatory Act of the 94th General Assembly
but before | 26 | | February
1, 2006) or an additional 70
weeks (if the |
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| 1 | | accidental injury occurs on or after February
1, 2006)
| 2 | | shall be paid.
| 3 | | 11. Foot- | 4 | | 155 weeks if the accidental injury occurs on or | 5 | | after the effective date of this amendatory Act of the | 6 | | 94th General Assembly
but before February
1, 2006.
| 7 | | 167
weeks if the accidental injury occurs on or | 8 | | after February
1, 2006.
| 9 | | 12. Leg- | 10 | | 200 weeks if the accidental injury occurs on or | 11 | | after the effective date of this amendatory Act of the | 12 | | 94th General Assembly
but before February
1, 2006.
| 13 | | 215
weeks if the accidental injury occurs on or | 14 | | after February
1, 2006. | 15 | | Where an accidental injury results in the
amputation of | 16 | | a leg below the knee, such injury shall be compensated as
| 17 | | loss of a leg. Where an accidental injury results in the | 18 | | amputation of a
leg above the knee, compensation for an | 19 | | additional 25 weeks (if the accidental injury occurs on or | 20 | | after the effective date of this amendatory Act of the 94th | 21 | | General Assembly
but before February
1, 2006) or an | 22 | | additional 27
weeks (if the accidental injury occurs on or | 23 | | after February
1, 2006) shall be
paid, except where the | 24 | | accidental injury results in the amputation of a
leg at the | 25 | | hip joint, or so close to the hip joint that an artificial
| 26 | | leg cannot be used, or results in the disarticulation of a |
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| 1 | | leg at the
hip joint, in which case compensation for an | 2 | | additional 75 weeks (if the accidental injury occurs on or | 3 | | after the effective date of this amendatory Act of the 94th | 4 | | General Assembly
but before February
1, 2006) or an | 5 | | additional 81
weeks (if the accidental injury occurs on or | 6 | | after February
1, 2006) shall
be paid.
| 7 | | 13. Eye- | 8 | | 150 weeks if the accidental injury occurs on or | 9 | | after the effective date of this amendatory Act of the | 10 | | 94th General Assembly
but before February
1, 2006.
| 11 | | 162
weeks if the accidental injury occurs on or | 12 | | after February
1, 2006. | 13 | | Where an accidental injury results in the
enucleation | 14 | | of an eye, compensation for an additional 10 weeks (if the | 15 | | accidental injury occurs on or after the effective date of | 16 | | this amendatory Act of the 94th General Assembly
but before | 17 | | February
1, 2006) or an additional 11
weeks (if the | 18 | | accidental injury occurs on or after February
1, 2006)
| 19 | | shall be
paid.
| 20 | | 14. Loss of hearing of one ear- | 21 | | 50 weeks if the accidental injury occurs on or | 22 | | after the effective date of this amendatory Act of the | 23 | | 94th General Assembly
but before February
1, 2006.
| 24 | | 54
weeks if the accidental injury occurs on or | 25 | | after February
1, 2006.
| 26 | | Total and permanent loss of
hearing of both ears- |
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| 1 | | 200 weeks if the accidental injury occurs on or | 2 | | after the effective date of this amendatory Act of the | 3 | | 94th General Assembly
but before February
1, 2006. | 4 | | 215
weeks if the accidental injury occurs on or | 5 | | after February
1, 2006.
| 6 | | 15. Testicle- | 7 | | 50 weeks if the accidental injury occurs on or | 8 | | after the effective date of this amendatory Act of the | 9 | | 94th General Assembly
but before February
1, 2006.
| 10 | | 54
weeks if the accidental injury occurs on or | 11 | | after February
1, 2006.
| 12 | | Both testicles- | 13 | | 150 weeks if the accidental injury occurs on or | 14 | | after the effective date of this amendatory Act of the | 15 | | 94th General Assembly
but before February
1, 2006.
| 16 | | 162
weeks if the accidental injury occurs on or | 17 | | after February
1, 2006.
| 18 | | 16. For the permanent partial loss of use of a member | 19 | | or sight of an
eye, or hearing of an ear, compensation | 20 | | during that proportion of the
number of weeks in the | 21 | | foregoing schedule provided for the loss of such
member or | 22 | | sight of an eye, or hearing of an ear, which the partial | 23 | | loss
of use thereof bears to the total loss of use of such | 24 | | member, or sight
of eye, or hearing of an ear.
| 25 | | (a) Loss of hearing for compensation purposes | 26 | | shall be
confined to the frequencies of 1,000, 2,000 |
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| 1 | | and 3,000 cycles per second.
Loss of hearing ability | 2 | | for frequency tones above 3,000 cycles per second
are | 3 | | not to be considered as constituting disability for | 4 | | hearing.
| 5 | | (b) The percent of hearing loss, for purposes of | 6 | | the
determination of compensation claims for | 7 | | occupational deafness,
shall be calculated as the | 8 | | average in decibels for the thresholds
of hearing for | 9 | | the frequencies of 1,000, 2,000 and 3,000 cycles per | 10 | | second.
Pure tone air conduction audiometric | 11 | | instruments, approved by
nationally recognized | 12 | | authorities in this field, shall be used for measuring
| 13 | | hearing loss. If the losses of hearing average 30 | 14 | | decibels or less in the
3 frequencies, such losses of | 15 | | hearing shall not then constitute any
compensable | 16 | | hearing disability. If the losses of hearing average 85
| 17 | | decibels or more in the 3 frequencies, then the same | 18 | | shall constitute and
be total or 100% compensable | 19 | | hearing loss.
| 20 | | (c) In measuring hearing impairment, the lowest | 21 | | measured
losses in each of the 3 frequencies shall be | 22 | | added together and
divided by 3 to determine the | 23 | | average decibel loss. For every decibel
of loss | 24 | | exceeding 30 decibels an allowance of 1.82% shall be | 25 | | made up to
the maximum of 100% which is reached at 85 | 26 | | decibels.
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| 1 | | (d) If a hearing loss is established to have | 2 | | existed on July 1, 1975 by
audiometric testing the | 3 | | employer shall not be liable for the previous loss
so | 4 | | established nor shall he be liable for any loss for | 5 | | which compensation
has been paid or awarded.
| 6 | | (e) No consideration shall be given to the question | 7 | | of
whether or not the ability of an employee to | 8 | | understand speech
is improved by the use of a hearing | 9 | | aid.
| 10 | | (f) No claim for loss of hearing due to industrial | 11 | | noise
shall be brought against an employer or allowed | 12 | | unless the employee has
been exposed for a period of | 13 | | time sufficient to cause permanent impairment
to noise | 14 | | levels in excess of the following:
|
|
15 | | Sound Level DBA |
|
|
16 | | Slow Response |
Hours Per Day |
|
17 | | 90 |
8 |
|
18 | | 92 |
6 |
|
19 | | 95 |
4 |
|
20 | | 97 |
3 |
|
21 | | 100 |
2 |
|
22 | | 102 |
1-1/2 |
|
23 | | 105 |
1 |
|
24 | | 110 |
1/2 |
|
25 | | 115 |
1/4 |
|
26 | | This subparagraph (f) shall not be applied in cases of |
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| 1 | | hearing loss
resulting from trauma or explosion.
| 2 | | 17. In computing the compensation to be paid to any | 3 | | employee who,
before the accident for which he claims | 4 | | compensation, had before that
time sustained an injury | 5 | | resulting in the loss by amputation or partial
loss by | 6 | | amputation of any member, including hand, arm, thumb or | 7 | | fingers,
leg, foot or any toes, such loss or partial loss | 8 | | of any such member
shall be deducted from any award made | 9 | | for the subsequent injury. For
the permanent loss of use or | 10 | | the permanent partial loss of use of any
such member or the | 11 | | partial loss of sight of an eye, for which
compensation has | 12 | | been paid, then such loss shall be taken into
consideration | 13 | | and deducted from any award for the subsequent injury.
| 14 | | 18. The specific case of loss of both hands, both arms, | 15 | | or both
feet, or both legs, or both eyes, or of any two | 16 | | thereof, or the
permanent and complete loss of the use | 17 | | thereof, constitutes total and
permanent disability, to be | 18 | | compensated according to the compensation
fixed by | 19 | | paragraph (f) of this Section. These specific cases of | 20 | | total
and permanent disability do not exclude other cases.
| 21 | | Any employee who has previously suffered the loss or | 22 | | permanent and
complete loss of the use of any of such | 23 | | members, and in a subsequent
independent accident loses | 24 | | another or suffers the permanent and complete
loss of the | 25 | | use of any one of such members the employer for whom the
| 26 | | injured employee is working at the time of the last |
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| 1 | | independent accident
is liable to pay compensation only for | 2 | | the loss or permanent and
complete loss of the use of the | 3 | | member occasioned by the last
independent accident.
| 4 | | 19. In a case of specific loss and the subsequent death | 5 | | of such
injured employee from other causes than such injury | 6 | | leaving a widow,
widower, or dependents surviving before | 7 | | payment or payment in full for
such injury, then the amount | 8 | | due for such injury is payable to the widow
or widower and, | 9 | | if there be no widow or widower, then to such
dependents, | 10 | | in the proportion which such dependency bears to total
| 11 | | dependency.
| 12 | | Beginning July 1, 1980, and every 6 months thereafter, the | 13 | | Commission
shall examine the Second Injury Fund and when, after | 14 | | deducting all
advances or loans made to such Fund, the amount | 15 | | therein is $500,000
then the amount required to be paid by | 16 | | employers pursuant to paragraph
(f) of Section 7 shall be | 17 | | reduced by one-half. When the Second Injury Fund
reaches the | 18 | | sum of $600,000 then the payments shall cease entirely.
| 19 | | However, when the Second Injury Fund has been reduced to | 20 | | $400,000, payment
of one-half of the amounts required by | 21 | | paragraph (f) of Section 7
shall be resumed, in the manner | 22 | | herein provided, and when the Second Injury
Fund has been | 23 | | reduced to $300,000, payment of the full amounts required by
| 24 | | paragraph (f) of Section 7 shall be resumed, in the manner | 25 | | herein provided.
The Commission shall make the changes in | 26 | | payment effective by
general order, and the changes in payment |
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| 1 | | become immediately effective
for all cases coming before the | 2 | | Commission thereafter either by
settlement agreement or final | 3 | | order, irrespective of the date of the
accidental injury.
| 4 | | On August 1, 1996 and on February 1 and August 1 of each | 5 | | subsequent year, the Commission
shall examine the special fund | 6 | | designated as the "Rate
Adjustment Fund" and when, after | 7 | | deducting all advances or loans made to
said fund, the amount | 8 | | therein is $4,000,000, the amount required to be
paid by | 9 | | employers pursuant to paragraph (f) of Section 7 shall be
| 10 | | reduced by one-half. When the Rate Adjustment Fund reaches the | 11 | | sum of
$5,000,000 the payment therein shall cease entirely. | 12 | | However, when said
Rate Adjustment Fund has been reduced to | 13 | | $3,000,000 the amounts required by
paragraph (f) of Section 7 | 14 | | shall be resumed in the manner herein provided.
| 15 | | (f) In case of complete disability, which renders the | 16 | | employee
wholly and permanently incapable of work, or in the | 17 | | specific case of
total and permanent disability as provided in | 18 | | subparagraph 18 of
paragraph (e) of this Section, compensation | 19 | | shall be payable at the rate
provided in subparagraph 2 of | 20 | | paragraph (b) of this Section for life.
| 21 | | An employee entitled to benefits under paragraph (f) of | 22 | | this Section
shall also be entitled to receive from the Rate | 23 | | Adjustment
Fund provided in paragraph (f) of Section 7 of the | 24 | | supplementary benefits
provided in paragraph (g) of this | 25 | | Section 8.
| 26 | | If any employee who receives an award under this paragraph |
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| 1 | | afterwards
returns to work or is able to do so, and earns or is | 2 | | able to earn as
much as before the accident, payments under | 3 | | such award shall cease. If
such employee returns to work, or is | 4 | | able to do so, and earns or is able
to earn part but not as much | 5 | | as before the accident, such award shall be
modified so as to | 6 | | conform to an award under paragraph (d) of this
Section. If | 7 | | such award is terminated or reduced under the provisions of
| 8 | | this paragraph, such employees have the right at any time | 9 | | within 30
months after the date of such termination or | 10 | | reduction to file petition
with the Commission for the purpose | 11 | | of determining whether any
disability exists as a result of the | 12 | | original accidental injury and the
extent thereof.
| 13 | | Disability as enumerated in subdivision 18, paragraph (e) | 14 | | of this
Section is considered complete disability.
| 15 | | If an employee who had previously incurred loss or the | 16 | | permanent and
complete loss of use of one member, through the | 17 | | loss or the permanent
and complete loss of the use of one hand, | 18 | | one arm, one foot, one leg, or
one eye, incurs permanent and | 19 | | complete disability through the loss or
the permanent and | 20 | | complete loss of the use of another member, he shall
receive, | 21 | | in addition to the compensation payable by the employer and
| 22 | | after such payments have ceased, an amount from the Second | 23 | | Injury Fund
provided for in paragraph (f) of Section 7, which, | 24 | | together with the
compensation payable from the employer in | 25 | | whose employ he was when the
last accidental injury was | 26 | | incurred, will equal the amount payable for
permanent and |
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| 1 | | complete disability as provided in this paragraph of this
| 2 | | Section.
| 3 | | The custodian of the Second Injury Fund provided for in | 4 | | paragraph (f)
of Section 7 shall be joined with the employer as | 5 | | a party respondent in
the application for adjustment of claim. | 6 | | The application for adjustment
of claim shall state briefly and | 7 | | in general terms the approximate time
and place and manner of | 8 | | the loss of the first member.
| 9 | | In its award the Commission or the Arbitrator shall | 10 | | specifically find
the amount the injured employee shall be | 11 | | weekly paid, the number of
weeks compensation which shall be | 12 | | paid by the employer, the date upon
which payments begin out of | 13 | | the Second Injury Fund provided for in
paragraph (f) of Section | 14 | | 7 of this Act, the length of time the weekly
payments continue, | 15 | | the date upon which the pension payments commence and
the | 16 | | monthly amount of the payments. The Commission shall 30 days | 17 | | after
the date upon which payments out of the Second Injury | 18 | | Fund have begun as
provided in the award, and every month | 19 | | thereafter, prepare and submit to
the State Comptroller a | 20 | | voucher for payment for all compensation accrued
to that date | 21 | | at the rate fixed by the Commission. The State Comptroller
| 22 | | shall draw a warrant to the injured employee along with a | 23 | | receipt to be
executed by the injured employee and returned to | 24 | | the Commission. The
endorsed warrant and receipt is a full and | 25 | | complete acquittance to the
Commission for the payment out of | 26 | | the Second Injury Fund. No other
appropriation or warrant is |
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| 1 | | necessary for payment out of the Second
Injury Fund. The Second | 2 | | Injury Fund is appropriated for the purpose of
making payments | 3 | | according to the terms of the awards.
| 4 | | As of July 1, 1980 to July 1, 1982, all claims against and | 5 | | obligations
of the Second Injury Fund shall become claims | 6 | | against and obligations of
the Rate Adjustment Fund to the | 7 | | extent there is insufficient money in the
Second Injury Fund to | 8 | | pay such claims and obligations. In that case, all
references | 9 | | to "Second Injury Fund" in this Section shall also include the
| 10 | | Rate Adjustment Fund.
| 11 | | (g) Every award for permanent total disability entered by | 12 | | the
Commission on and after July 1, 1965 under which | 13 | | compensation payments
shall become due and payable after the | 14 | | effective date of this amendatory
Act, and every award for | 15 | | death benefits or permanent total disability
entered by the | 16 | | Commission on and after the effective date of this
amendatory | 17 | | Act shall be subject to annual adjustments as to the amount
of | 18 | | the compensation rate therein provided. Such adjustments shall | 19 | | first
be made on July 15, 1977, and all awards made and entered | 20 | | prior to July
1, 1975 and on July 15 of each year
thereafter. | 21 | | In all other cases such adjustment shall be made on July 15
of | 22 | | the second year next following the date of the entry of the | 23 | | award and
shall further be made on July 15 annually thereafter. | 24 | | If during the
intervening period from the date of the entry of | 25 | | the award, or the last
periodic adjustment, there shall have | 26 | | been an increase in the State's
average weekly wage in covered |
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| 1 | | industries under the Unemployment
Insurance Act, the weekly | 2 | | compensation rate shall be proportionately
increased by the | 3 | | same percentage as the percentage of increase in the
State's | 4 | | average weekly wage in covered industries under the
| 5 | | Unemployment Insurance Act. The increase in the compensation | 6 | | rate
under this paragraph shall in no event bring the total | 7 | | compensation rate
to an amount greater than the prevailing | 8 | | maximum rate at the time that the annual adjustment is made. | 9 | | Such increase
shall be paid in the same manner as herein | 10 | | provided for payments under
the Second Injury Fund to the | 11 | | injured employee, or his dependents, as
the case may be, out of | 12 | | the Rate Adjustment Fund provided
in paragraph (f) of Section 7 | 13 | | of this Act. Payments shall be made at
the same intervals as | 14 | | provided in the award or, at the option of the
Commission, may | 15 | | be made in quarterly payment on the 15th day of January,
April, | 16 | | July and October of each year. In the event of a decrease in
| 17 | | such average weekly wage there shall be no change in the then | 18 | | existing
compensation rate. The within paragraph shall not | 19 | | apply to cases where
there is disputed liability and in which a | 20 | | compromise lump sum settlement
between the employer and the | 21 | | injured employee, or his dependents, as the
case may be, has | 22 | | been duly approved by the Illinois Workers' Compensation
| 23 | | Commission.
| 24 | | Provided, that in cases of awards entered by the Commission | 25 | | for
injuries occurring before July 1, 1975, the increases in | 26 | | the
compensation rate adjusted under the foregoing provision of |
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| 1 | | this
paragraph (g) shall be limited to increases in the State's | 2 | | average
weekly wage in covered industries under the | 3 | | Unemployment Insurance Act
occurring after July 1, 1975.
| 4 | | For every accident occurring on or after July 20, 2005 but | 5 | | before the effective date of this amendatory Act of the 94th | 6 | | General Assembly (Senate Bill 1283 of the 94th General | 7 | | Assembly), the annual adjustments to the compensation rate in | 8 | | awards for death benefits or permanent total disability, as | 9 | | provided in this Act, shall be paid by the employer. The | 10 | | adjustment shall be made by the employer on July 15 of the | 11 | | second year next following the date of the entry of the award | 12 | | and shall further be made on July 15 annually thereafter. If | 13 | | during the intervening period from the date of the entry of the | 14 | | award, or the last periodic adjustment, there shall have been | 15 | | an increase in the State's average weekly wage in covered | 16 | | industries under the Unemployment Insurance Act, the employer | 17 | | shall increase the weekly compensation rate proportionately by | 18 | | the same percentage as the percentage of increase in the | 19 | | State's average weekly wage in covered industries under the | 20 | | Unemployment Insurance Act. The increase in the compensation | 21 | | rate under this paragraph shall in no event bring the total | 22 | | compensation rate to an amount greater than the prevailing | 23 | | maximum rate at the time that the annual adjustment is made. In | 24 | | the event of a decrease in such average weekly wage there shall | 25 | | be no change in the then existing compensation rate. Such | 26 | | increase shall be paid by the employer in the same manner and |
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| 1 | | at the same intervals as the payment of compensation in the | 2 | | award. This paragraph shall not apply to cases where there is | 3 | | disputed liability and in which a compromise lump sum | 4 | | settlement between the employer and the injured employee, or | 5 | | his or her dependents, as the case may be, has been duly | 6 | | approved by the Illinois Workers' Compensation Commission. | 7 | | The annual adjustments for every award of death benefits or | 8 | | permanent total disability involving accidents occurring | 9 | | before July 20, 2005 and accidents occurring on or after the | 10 | | effective date of this amendatory Act of the 94th General | 11 | | Assembly (Senate Bill 1283 of the 94th General Assembly) shall | 12 | | continue to be paid from the Rate Adjustment Fund pursuant to | 13 | | this paragraph and Section 7(f) of this Act.
| 14 | | (h) In case death occurs from any cause before the total
| 15 | | compensation to which the employee would have been entitled has | 16 | | been
paid, then in case the employee leaves any widow, widower, | 17 | | child, parent
(or any grandchild, grandparent or other lineal | 18 | | heir or any collateral
heir dependent at the time of the | 19 | | accident upon the earnings of the
employee to the extent of 50% | 20 | | or more of total dependency) such
compensation shall be paid to | 21 | | the beneficiaries of the deceased employee
and distributed as | 22 | | provided in paragraph (g) of Section 7.
| 23 | | (h-1) In case an injured employee is under legal disability
| 24 | | at the time when any right or privilege accrues to him or her | 25 | | under this
Act, a guardian may be appointed pursuant to law, | 26 | | and may, on behalf
of such person under legal disability, claim |
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| 1 | | and exercise any
such right or privilege with the same effect | 2 | | as if the employee himself
or herself had claimed or exercised | 3 | | the right or privilege. No limitations
of time provided by this | 4 | | Act run so long as the employee who is under legal
disability | 5 | | is without a conservator or guardian.
| 6 | | (i) In case the injured employee is under 16 years of age | 7 | | at the
time of the accident and is illegally employed, the | 8 | | amount of
compensation payable under paragraphs (b), (c), (d), | 9 | | (e) and (f) of this
Section is increased 50%.
| 10 | | However, where an employer has on file an employment | 11 | | certificate
issued pursuant to the Child Labor Law or work | 12 | | permit issued pursuant
to the Federal Fair Labor Standards Act, | 13 | | as amended, or a birth
certificate properly and duly issued, | 14 | | such certificate, permit or birth
certificate is conclusive | 15 | | evidence as to the age of the injured minor
employee for the | 16 | | purposes of this Section.
| 17 | | Nothing herein contained repeals or amends the provisions | 18 | | of the
Child Labor Law relating to the employment of minors | 19 | | under the age of 16 years.
| 20 | | (j) 1. In the event the injured employee receives benefits,
| 21 | | including medical, surgical or hospital benefits under any | 22 | | group plan
covering non-occupational disabilities contributed | 23 | | to wholly or
partially by the employer, which benefits should | 24 | | not have been payable
if any rights of recovery existed under | 25 | | this Act, then such amounts so
paid to the employee from any | 26 | | such group plan as shall be consistent
with, and limited to, |
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| 1 | | the provisions of paragraph 2 hereof, shall be
credited to or | 2 | | against any compensation payment for temporary total
| 3 | | incapacity for work or any medical, surgical or hospital | 4 | | benefits made
or to be made under this Act. In such event, the | 5 | | period of time for
giving notice of accidental injury and | 6 | | filing application for adjustment
of claim does not commence to | 7 | | run until the termination of such
payments. This paragraph does | 8 | | not apply to payments made under any
group plan which would | 9 | | have been payable irrespective of an accidental
injury under | 10 | | this Act. Any employer receiving such credit shall keep
such | 11 | | employee safe and harmless from any and all claims or | 12 | | liabilities
that may be made against him by reason of having | 13 | | received such payments
only to the extent of such credit.
| 14 | | Any excess benefits paid to or on behalf of a State | 15 | | employee by the
State Employees' Retirement System under | 16 | | Article 14 of the Illinois Pension
Code on a death claim or | 17 | | disputed disability claim shall be credited
against any | 18 | | payments made or to be made by the State of Illinois to or on
| 19 | | behalf of such employee under this Act, except for payments for | 20 | | medical
expenses which have already been incurred at the time | 21 | | of the award. The
State of Illinois shall directly reimburse | 22 | | the State Employees' Retirement
System to the extent of such | 23 | | credit.
| 24 | | 2. Nothing contained in this Act shall be construed to give | 25 | | the
employer or the insurance carrier the right to credit for | 26 | | any benefits
or payments received by the employee other than |
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| 1 | | compensation payments
provided by this Act, and where the | 2 | | employee receives payments other
than compensation payments, | 3 | | whether as full or partial salary, group
insurance benefits, | 4 | | bonuses, annuities or any other payments, the
employer or | 5 | | insurance carrier shall receive credit for each such payment
| 6 | | only to the extent of the compensation that would have been | 7 | | payable
during the period covered by such payment.
| 8 | | 3. The extension of time for the filing of an Application | 9 | | for
Adjustment of Claim as provided in paragraph 1 above shall | 10 | | not apply to
those cases where the time for such filing had | 11 | | expired prior to the date
on which payments or benefits | 12 | | enumerated herein have been initiated or
resumed. Provided | 13 | | however that this paragraph 3 shall apply only to
cases wherein | 14 | | the payments or benefits hereinabove enumerated shall be
| 15 | | received after July 1, 1969.
| 16 | | (Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05; | 17 | | 94-695, eff. 11-16-05.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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