Illinois Compiled Statutes
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820 ILCS 305/3
(820 ILCS 305/3)
(from Ch. 48, par. 138.3)
The provisions of this Act hereinafter following shall apply
automatically and without election to the State, county, city, town,
township, incorporated village or school district, body politic or
municipal corporation, and to all employers and all their employees,
engaged in any department of the following enterprises or
businesses which are declared to be extra hazardous, namely:
1. The erection, maintaining, removing, remodeling, altering or
demolishing of any structure.
2. Construction, excavating or electrical work.
3. Carriage by land, water or aerial service and loading or
unloading in connection therewith, including the distribution of any
commodity by horsedrawn or motor vehicle where the employer employs more
than 2 employees in the enterprise or business.
4. The operation of any warehouse or general or terminal storehouses.
5. Mining, surface mining or quarrying.
6. Any enterprise in which explosive materials are manufactured,
handled or used in dangerous quantities.
7. In any business or enterprise, wherein molten metal, or explosive
or injurious gases, dusts or vapors, or inflammable vapors, dusts or
fluids, corrosive acids, or atomic radiation are manufactured, used,
generated, stored or conveyed.
8. Any enterprise in which sharp edged cutting tools, grinders or
implements are used, including all enterprises which buy, sell or handle
junk and salvage, demolish or reconstruct machinery.
9. In any enterprise in which statutory or municipal ordinance
regulations are now or shall hereafter be imposed for the regulating,
guarding, use or the placing of machinery or appliances or for the
protection and safeguarding of the employees or the public therein; each
of which occupations, enterprises or businesses are hereby declared to
be extra hazardous.
10. Any enterprise, business or work in connection with the laying
out or improvement of subdivisions of tracts of land.
11. Any enterprise for the treatment of cross-ties, switch-ties,
telegraph poles, timber or other wood with creosote or other
12. Establishments open to the general public wherein alcoholic
beverages are sold to the general public for consumption on the
13. The operation of any public beauty shop wherein
chemicals, solutions, or heated instruments or objects are used or
applied by any employee in the dressing, treatment or waving of human
14. Any business or enterprise serving food to the public for
consumption on the premises wherein any employee as a substantial part
of the employee's work uses handcutting instruments or slicing machines or
other devices for the cutting of meat or other food or wherein any employee
is in the hazard of being scalded or burned by hot grease, hot water, hot
foods, or other hot fluids, substances or objects.
15. Any business or enterprise in which electric, gasoline or other
power driven equipment is used in the operation thereof.
16. Any business or enterprise in which goods, wares or merchandise
are produced, manufactured or fabricated.
17. (a) Any business or enterprise in which goods, wares or merchandise
are sold or in which services are rendered to the public at large,
provided that this paragraph shall not apply to
such business or enterprise unless the annual payroll during the year
next preceding the date of injury shall be in excess of $1,000.
(b) The corporate
officers of any
domestic or foreign corporation employed by the corporation may elect to
as individuals from the operation of this Act. Upon an election by the
officers to withdraw, written notice shall be provided to the insurance
carrier of such election to withdraw, which election shall be effective
upon receipt by the insurance carrier of such
written notice. A corporate officer who thereafter elects to resume coverage
under the Act as an individual shall provide written notice of such election
to the insurance carrier which election shall be effective upon receipt by the
insurance carrier of such written notice. For the purpose of this paragraph,
a "corporate officer" is defined as a bona fide President, Vice President,
Secretary or Treasurer of a corporation who voluntarily elects to withdraw.
18. On and after July 1, 1980, but not before, any household or residence
wherein domestic workers are employed for a total of 40 or
more hours per week for a period of 13 or more weeks during a calendar year.
19. Nothing contained in this Act shall be construed to apply to any
agricultural enterprise, including aquaculture, employing less than 400
working days of
agricultural or aquacultural labor per quarter during the preceding calendar
exclusive of working hours of the employer's spouse and other members of
his or her immediate family residing with him or her.
20. Nothing contained in this Act shall be construed to apply to any sole
proprietor or partner
or member of a limited liability company
who elects not to provide and pay compensation for
accidental injuries sustained by himself, arising out of and in the course
of the employment according to the provisions of this Act.
(Source: P.A. 91-591, eff. 8-14-99.)