Public Act 095-0316
 		





HB0928 Enrolled
LRB095 07182 WGH 27314 b






    AN ACT concerning employment. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 5. The Workers' Compensation Act is amended by 
changing
Section 6 as follows:


 



    (820 ILCS 305/6)  (from Ch. 48, par. 138.6)


    Sec. 6. (a) Every employer within the provisions of this 
Act, shall,
under the rules and regulations prescribed by the 
Commission, post
printed notices in their respective places of 
employment in such number
and at such places as may be 
determined by the Commission, containing
such information 
relative to this Act as in the judgment of the
Commission may 
be necessary to aid employees to safeguard their rights
under 
this Act in event of injury.

    In addition thereto, the employer shall post in a 
conspicuous place
on the place of the employment a printed or 
typewritten notice stating
whether he is insured or whether he 
has qualified and is operating as a
self-insured employer.  In 
the event the employer is insured, the notice
shall state the 
name and address of his insurance carrier, the number of
the 
insurance policy, its effective date and the date of 
termination. In
the event of the termination of the policy for 
any reason prior to the
termination date stated, the posted 
notice shall promptly be corrected
accordingly.  In the event 
the employer is operating as a self-insured
employer the notice 
shall state the name and address of the company, if
any, 
servicing the compensation payments of the employer, and the 
name
and address of the person in charge of making compensation 
payments.

    (b) Every employer subject to this Act shall maintain 
accurate
records of work-related deaths, injuries and illness 
other than minor
injuries requiring only first aid treatment 
and which do not involve
medical treatment, loss of 
consciousness, restriction of work or motion,
or transfer to 
another job and file with the Commission, in writing, a
report 
of all accidental deaths, injuries and illnesses arising out of

and in the course of the employment resulting in the loss of 
more than
3 scheduled work days.  In the case of death such 
report shall be
made no later than 2 working days following the 
accidental death.  In
all other cases such report shall be made 
between the 15th and 25th of
each month unless required to be 
made sooner by rule of the Commission.
In case the injury 
results in permanent disability, a further report
shall be made 
as soon as it is determined that such permanent disability
has 
resulted or will result from the injury.  All reports shall 
state
the date of the injury, including the time of day or 
night, the nature
of the employer's business, the name, 
address, age, sex, conjugal
condition of the injured person, 
the specific occupation of the injured
person, the direct cause 
of the injury and the nature of the accident,
the character of 
the injury, the length of disability, and in case of
death the 
length of disability before death, the wages of the injured

person, whether compensation has been paid to the injured 
person, or to
his or her legal representative or his heirs or 
next of kin, the amount of
compensation paid, the amount paid 
for physicians', surgeons' and
hospital bills, and by whom 
paid, and the amount paid for funeral or
burial expenses if 
known.  The reports shall be made on forms and in the
manner as 
prescribed by the Commission and shall contain such further

information as the Commission shall deem necessary and require.  
The
making of these reports releases the employer from making 
such reports
to any other officer of the State and shall 
satisfy the reporting
provisions as contained in the "Health 
and Safety Act" and "An Act in
relation to safety inspections 
and education in industrial and
commercial establishments and 
to repeal an Act therein named", approved
July 18, 1955, as now 
or hereafter amended.  The reports filed with the
Commission 
pursuant to this Section shall be made available by the

Commission to the Director of Labor or his representatives and 
to all
other departments of the State of Illinois which shall 
require such
information for the proper discharge of their 
official duties.  Failure
to file with the Commission any of the 
reports required in this Section
is a petty offense.

    Except as provided in this paragraph, all reports filed 
hereunder shall
be confidential and any person
having access to 
such records filed with the Illinois Workers' Compensation 
Commission as
herein required, who shall release any 
information therein contained
including the names or otherwise 
identify any persons sustaining
injuries or disabilities, or 
give access to such information to any
unauthorized person, 
shall be subject to discipline or discharge, and in
addition 
shall be guilty of a Class B misdemeanor. The Commission shall

compile and distribute to interested persons aggregate 
statistics, taken
from the reports filed hereunder. The 
aggregate statistics shall not give
the names or otherwise 
identify persons sustaining injuries or disabilities
or the 
employer of any injured or disabled person.

    (c) Notice of the accident shall be given to the employer 
as soon as
practicable, but not later than 45 days after the 
accident. Provided:

    (1) In case of the legal disability of the employee
or any 
dependent of a
deceased employee who may be entitled to 
compensation under the
provisions of this Act, the limitations 
of time by this Act provided do
not begin to run against such 
person under legal disability
until a
guardian has been 
appointed.

    (2) In cases of injuries sustained by exposure to 
radiological
materials or equipment, notice shall be given to 
the employer within 90
days subsequent to the time that the 
employee knows or suspects that he
has received an excessive 
dose of radiation.

    No defect or inaccuracy of such notice shall be a bar to 
the
maintenance of proceedings on arbitration or otherwise by 
the employee
unless the employer proves that he is unduly 
prejudiced in such
proceedings by such defect or inaccuracy.

    Notice of the accident shall give the approximate date and 
place of
the accident, if known, and may be given orally or in 
writing.

    (d) Every employer shall notify each injured employee who 
has been
granted compensation under the provisions of Section 8 
of this Act
of his rights to rehabilitation services and advise 
him of the locations
of available public rehabilitation centers 
and any other such services
of which the employer has 
knowledge.

    In any case, other than one where the injury was caused by 
exposure
to radiological materials or equipment or asbestos 
unless the application for
compensation is filed with the 
Commission within 3 years after the date
of the accident, where 
no compensation has been paid, or within 2 years
after the date 
of the last payment of compensation, where any has been
paid, 
whichever shall be later, the right to file such application 
shall
be barred.

    In any case of injury caused by exposure to radiological 
materials or
equipment or asbestos, unless application for 
compensation is filed with the
Commission within 25 years after 
the last day that the employee was
employed in an environment 
of hazardous radiological activity or asbestos,
the right to 
file such application shall be barred.

    If in any case except one where the injury was caused by 
exposure to
radiological materials or equipment or asbestos, 
the accidental injury
results in death application for 
compensation for death may be filed with the
Commission within 
3 years after the date of death where no compensation
has been 
paid or within 2 years after the date of the last payment of

compensation where any has been paid, whichever shall be later, 
but not
thereafter.

    If an accidental injury caused by exposure to radiological 
material
or equipment or asbestos results in death within 25 
years after the last
day that the employee was so exposed 
application for compensation for death may
be filed with the 
Commission within 3 years after the date of death,
where no 
compensation has been paid, or within 2 years after the date of

the last payment of compensation where any has been paid, 
whichever
shall be later, but not thereafter.

    (e) Any contract or agreement made by any employer or his 
agent or
attorney with any employee or any other beneficiary of 
any claim under
the provisions of this Act within 7 days after 
the injury shall be
presumed to be fraudulent.

    (f) Any condition or impairment of health of an employee 
employed as a
firefighter, emergency medical technician (EMT), 
or paramedic which results
directly or indirectly from any 
bloodborne pathogen, lung or respiratory
disease
or condition, 
heart
or vascular disease or condition, hypertension, 
tuberculosis, or cancer
resulting in any disability 
(temporary, permanent, total, or partial) to the
employee shall 
be rebuttably presumed to arise out of and in the course of
the 
employee's firefighting, EMT, or paramedic employment and, 
further, shall
be
rebuttably presumed to be causally connected 
to the hazards or exposures of
the employment.  This presumption 
shall also apply to any hernia or hearing
loss suffered by an 
employee employed as a firefighter, EMT, or paramedic.
However, 
this presumption shall not apply to any employee who has been 
employed
as a firefighter, EMT, or paramedic for less than 5 
years at the time he or she files an Application for Adjustment 
of Claim concerning this condition or impairment with the 
Illinois Workers' Compensation Commission. The Finding and 
Decision of the Illinois Workers' Compensation Commission 
under only the rebuttable presumption provision of this 
subsection shall not be admissible or be deemed res judicata in 
any disability claim under the Illinois Pension Code arising 
out of the same medical condition; however, this sentence makes 
no change to the law set forth in Krohe v. City of Bloomington, 
204 Ill.2d 392.

(Source: P.A. 93-721, eff. 1-1-05.)


 
    Section 10. The Workers' Occupational Diseases Act is 
amended by changing
Section 1 as follows:


 



    (820 ILCS 310/1)  (from Ch. 48, par. 172.36)


    Sec. 1. This Act shall be known and may be cited as the 
"Workers'
Occupational Diseases Act".

    (a) The term "employer" as used in this Act shall be 
construed to
be:

        1.  The State and each county, city, town, township, 
    incorporated
village, school district, body politic, or 
    municipal corporation
therein.

        2.  Every person, firm, public or private corporation, 
    including
hospitals, public service, eleemosynary, 
    religious or charitable
corporations or associations, who 
    has any person in service or under any
contract for hire, 
    express or implied, oral or written.

        3.  Where an employer operating under and subject to the 
    provisions
of this Act loans an employee to another such 
    employer and such loaned
employee sustains a compensable 
    occupational disease in the employment
of such borrowing 
    employer and where such borrowing employer does not
provide 
    or pay the benefits or payments due such employee, such 
    loaning
employer shall be liable to provide or pay all 
    benefits or payments due
such employee under this Act and 
    as to such employee the liability of
such loaning and 
    borrowing employers shall be joint and several,
provided 
    that such loaning employer shall in the absence of 
    agreement to
the contrary be entitled to receive from such 
    borrowing employer full
reimbursement for all sums paid or 
    incurred pursuant to this paragraph
together with 
    reasonable attorneys' fees and expenses in any hearings

    before the Illinois Workers' Compensation Commission or in 
    any action to secure such
reimbursement.  Where any benefit 
    is provided or paid by such loaning
employer, the employee 
    shall have the duty of rendering reasonable
co-operation in 
    any hearings, trials or proceedings in the case,
including 
    such proceedings for reimbursement.

        Where an employee files an Application for Adjustment 
    of Claim with
the Illinois Workers' Compensation 
    Commission alleging that his or her claim is covered by
the 
    provisions of the preceding paragraph, and joining both the 
    alleged
loaning and borrowing employers, they and each of 
    them, upon written
demand by the employee and within 7 days 
    after receipt of such demand,
shall have the duty of filing 
    with the Illinois Workers' Compensation Commission a 
    written
admission or denial of the allegation that the 
    claim is covered by the
provisions of the preceding 
    paragraph and in default of such filing or
if any such 
    denial be ultimately determined not to have been bona fide

    then the provisions of Paragraph K of Section 19 of this 
    Act shall
apply.

        An employer whose business or enterprise or a 
    substantial part
thereof consists of hiring, procuring or 
    furnishing employees to or for
other employers operating 
    under and subject to the provisions of this
Act for the 
    performance of the work of such other employers and who 
    pays
such employees their salary or wage notwithstanding 
    that they are doing
the work of such other employers shall 
    be deemed a loaning employer
within the meaning and 
    provisions of this Section.

    (b) The term "employee" as used in this Act, shall be 
construed to
mean:

        1. Every person in the service of the State, county, 
    city, town,
township, incorporated village or school 
    district, body politic or
municipal corporation therein, 
    whether by election, appointment or
contract of hire, 
    express or implied, oral or written, including any
official 
    of the State, or of any county, city, town, township,

    incorporated village, school district, body politic or 
    municipal
corporation therein and except any duly 
    appointed member of the fire
department in any city whose 
    population exceeds 500,000 according to the
last Federal or 
    State census, and except any member of a fire insurance

    patrol maintained by a board of underwriters in this State. 
    One employed
by a contractor who has contracted with the 
    State, or a county, city,
town, township, incorporated 
    village, school district, body politic or
municipal 
    corporation therein, through its representatives, shall 
    not be
considered as an employee of the State, county, 
    city, town, township,
incorporated village, school 
    district, body politic or municipal
corporation which made 
    the contract.

        2. Every person in the service of another under any 
    contract of
hire, express or implied, oral or written, who 
    contracts an occupational
disease while working in the 
    State of Illinois, or who contracts an
occupational disease 
    while working outside of the State of Illinois but
where 
    the contract of hire is made within the State of Illinois, 
    and any
person whose employment is principally localized 
    within the State of
Illinois, regardless of the place where 
    the disease was contracted or
place where the contract of 
    hire was made, including aliens, and minors
who, for the 
    purpose of this Act, except Section 3 hereof, shall be

    considered the same and have the same power to contract, 
    receive
payments and give quittances therefor, as adult 
    employees. An employee
or his or her dependents under this 
    Act who shall have a cause of action
by reason of an 
    occupational disease, disablement or death arising out
of 
    and in the course of his or her employment may elect or 
    pursue
his or her remedy in the State where the disease was 
    contracted, or in the
State where the contract of hire is 
    made, or in the State where the
employment is principally 
    localized.

    (c) "Commission" means the Illinois Workers' Compensation 
Commission created by the
Workers' Compensation Act, approved 
July 9, 1951, as amended.

    (d) In this Act the term "Occupational Disease" means a 
disease
arising out of and in the course of the employment or 
which has become
aggravated and rendered disabling as a result 
of the exposure of the
employment.  Such aggravation shall arise 
out of a risk peculiar to or
increased by the employment and 
not common to the general public.

    A disease shall be deemed to arise out of the employment if 
there is
apparent to the rational mind, upon consideration of 
all the
circumstances, a causal connection between the 
conditions under which
the work is performed and the 
occupational disease. The disease need not
to have been 
foreseen or expected but after its contraction it must
appear 
to have had its origin or aggravation in a risk connected with

the employment and to have flowed from that source as a 
rational
consequence.

    An employee shall be conclusively deemed to have been 
exposed to the
hazards of an occupational disease when, for any 
length of time however
short, he or she is employed in an 
occupation or process in which the
hazard of the disease 
exists; provided however, that in a claim of
exposure to atomic 
radiation, the fact of such exposure must be verified
by the 
records of the central registry of radiation exposure 
maintained
by the Department of Public Health or by some other 
recognized
governmental agency maintaining records of such 
exposures whenever and
to the extent that the records are on 
file with the Department of Public
Health or the agency.
    Any injury to or disease or death of an employee arising 
from the administration of a vaccine, including without 
limitation smallpox vaccine, to prepare for, or as a response 
to, a threatened or potential bioterrorist incident to the 
employee as part of a voluntary inoculation program in 
connection with the person's employment or in connection with 
any governmental program or recommendation for the inoculation 
of workers in the employee's occupation, geographical area, or 
other category that includes the employee is deemed to arise 
out of and in the course of the employment for all purposes 
under this Act.  This paragraph added by Public Act 93-829
this 
amendatory Act of the 93rd General Assembly is declarative of 
existing law and is not a new enactment.

    The employer liable for the compensation in this Act 
provided shall
be the employer in whose employment the employee 
was last exposed to the
hazard of the occupational disease 
claimed upon regardless of the length
of time of such last 
exposure, except, in cases of silicosis or
asbestosis, the only 
employer liable shall be the last employer in whose
employment 
the employee was last exposed during a period of 60 days or

more after the effective date of this Act, to the hazard of 
such
occupational disease, and, in such cases, an exposure 
during a period of
less than 60 days, after the effective date 
of this Act, shall not be
deemed a last exposure.  If a miner 
who is suffering or suffered from
pneumoconiosis was employed 
for 10 years or more in one or more coal
mines there shall, 
effective July 1, 1973 be a rebuttable presumption
that his or 
her pneumoconiosis arose out of such employment.

    If a deceased miner was employed for 10 years or more in 
one or more
coal mines and died from a respirable disease there 
shall, effective
July 1, 1973, be a rebuttable presumption that 
his or her death was due
to pneumoconiosis.

    Any condition or impairment of health of an employee 
employed as a
firefighter, emergency medical technician (EMT), 
or paramedic which results
directly or indirectly from any 
bloodborne pathogen, lung or respiratory
disease
or
condition, 
heart
or vascular disease or condition, hypertension, 
tuberculosis, or cancer
resulting
in any disability 
(temporary, permanent, total, or partial) to the employee
shall 
be rebuttably presumed to arise out of and in the course of the

employee's firefighting, EMT, or paramedic employment and, 
further, shall be
rebuttably presumed to be causally connected 
to the hazards or exposures of
the employment.  This presumption 
shall also apply to any hernia or hearing
loss suffered by an 
employee employed as a firefighter, EMT, or paramedic.
However, 
this presumption shall not apply to any employee who has been 
employed
as a firefighter, EMT, or paramedic for less than 5 
years at the time he or she files an Application for Adjustment 
of Claim concerning this condition or impairment with the 
Illinois Workers' Compensation Commission. The Finding and 
Decision of the Illinois Workers' Compensation Commission 
under only the rebuttable presumption provision of this 
paragraph shall not be admissible or be deemed res judicata in 
any disability claim under the Illinois Pension Code arising 
out of the same medical condition; however, this sentence makes 
no change to the law set forth in Krohe v. City of Bloomington, 
204 Ill.2d 392.

    The insurance carrier liable shall be the carrier whose 
policy was in
effect covering the employer liable on the last 
day of the exposure
rendering such employer liable in 
accordance with the provisions of this
Act.

    (e) "Disablement" means an impairment or partial 
impairment,
temporary or permanent, in the function of the body 
or any of the
members of the body, or the event of becoming 
disabled from earning full
wages at the work in which the 
employee was engaged when last exposed to
the hazards of the 
occupational disease by the employer from whom he or
she claims 
compensation, or equal wages in other suitable employment;
and 
"disability" means the state of being so incapacitated.

    (f) No compensation shall be payable for or on account of 
any
occupational disease unless disablement, as herein 
defined, occurs
within two years after the last day of the last 
exposure to the hazards
of the disease, except in cases of 
occupational disease caused by
berylliosis or by the inhalation 
of silica dust or asbestos dust and, in
such cases, within 3 
years after the last day of the last exposure to
the hazards of 
such disease and except in the case of occupational
disease 
caused by exposure to radiological materials or equipment, and

in such case, within 25 years after the last day of last 
exposure to the
hazards of such disease.

(Source: P.A. 93-721, eff. 1-1-05; 93-829, eff. 7-28-04; 
revised 10-25-04.)