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| Public Act 097-0268 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Workers' Compensation Act is amended by | ||||
changing Sections 1 and 8 as follows:
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(820 ILCS 305/1) (from Ch. 48, par. 138.1)
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Sec. 1. This Act may be cited as the Workers' Compensation | ||||
Act.
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(a) The term "employer" as used in this Act means:
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1. The State and each county, city, town, township, | ||||
incorporated
village, school district, body politic, or | ||||
municipal corporation
therein.
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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, and who is
engaged in any of the enterprises | ||||
or businesses enumerated in Section 3
of this Act, or who at or | ||||
prior to the time of the accident to the
employee for which | ||||
compensation under this Act may be claimed, has in
the manner | ||||
provided in this Act elected to become subject to the
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provisions of this Act, and who has not, prior to such | ||||
accident,
effected a withdrawal of such election in the manner | ||||
provided in this Act.
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3. Any one engaging in any business or enterprise referred | ||
to in
subsections 1 and 2 of Section 3 of this Act who | ||
undertakes to do any
work enumerated therein, is liable to pay | ||
compensation to his own
immediate employees in accordance with | ||
the provisions of this Act, and
in addition thereto if he | ||
directly or indirectly engages any contractor
whether | ||
principal or sub-contractor to do any such work, he is liable | ||
to
pay compensation to the employees of any such contractor or
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sub-contractor unless such contractor or sub-contractor has | ||
insured, in
any company or association authorized under the | ||
laws of this State to
insure the liability to pay compensation | ||
under this Act, or guaranteed
his liability to pay such | ||
compensation. With respect to any time
limitation on the filing | ||
of claims provided by this Act, the timely
filing of a claim | ||
against a contractor or subcontractor, as the case may
be, | ||
shall be deemed to be a timely filing with respect to all | ||
persons
upon whom liability is imposed by this paragraph.
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In the event any such person pays compensation under this | ||
subsection
he may recover the amount thereof from the | ||
contractor or sub-contractor,
if any, and in the event the | ||
contractor pays compensation under this
subsection he may | ||
recover the amount thereof from the sub-contractor, if any.
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This subsection does not apply in any case where the | ||
accident occurs
elsewhere than on, in or about the immediate | ||
premises on which the
principal has contracted that the work be | ||
done.
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4. 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 | ||
accidental injury in the employment of
such borrowing employer | ||
and where such borrowing employer does not
provide or pay the | ||
benefits or payments due such injured employee, such
loaning | ||
employer is liable to provide or pay all benefits or payments
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due such employee under this Act and as to such employee the | ||
liability
of such loaning and borrowing employers is joint and | ||
several, provided
that such loaning employer is in the absence | ||
of agreement to the
contrary 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 has the duty of | ||
rendering reasonable cooperation
in any hearings, trials or | ||
proceedings in the case, including such
proceedings for | ||
reimbursement.
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Where an employee files an Application for Adjustment of | ||
Claim with
the Illinois Workers' Compensation
Commission | ||
alleging that his 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,
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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
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then the provisions of Paragraph K of Section 19 of this Act | ||
shall apply.
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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 wages 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.
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(b) The term "employee" as used in this Act means:
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1. Every person in the service of the State, including | ||
members of
the General Assembly, members of the Commerce | ||
Commission, members of the
Illinois Workers' Compensation | ||
Commission, and all persons in the service of the University
of | ||
Illinois, county, including deputy sheriffs and assistant | ||
state's
attorneys, city, town, township, incorporated village | ||
or school
district, body politic, or municipal corporation | ||
therein, whether by
election, under appointment or contract of | ||
hire, express or implied,
oral or written, including all | ||
members of the Illinois National Guard
while on active duty in | ||
the service of the State, and all probation
personnel of the | ||
Juvenile Court appointed pursuant to Article VI
of the Juvenile | ||
Court Act of 1987, and including any official of the
State, any | ||
county, city, town, township, incorporated village, school
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district, body politic or municipal corporation therein except | ||
any duly
appointed member of a police department in any city | ||
whose
population exceeds 500,000 200,000 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. A duly appointed member of a fire
department in any | ||
city, the population of which exceeds 500,000 200,000 according
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to the last federal or State census, is an employee under this | ||
Act only
with respect to claims brought under paragraph (c) of | ||
Section 8.
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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, is not considered as an | ||
employee of the State, county,
city, town, township, | ||
incorporated village, school district, body
politic or | ||
municipal corporation which made the contract.
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2. Every person in the service of another under any | ||
contract of
hire, express or implied, oral or written, | ||
including persons whose
employment is outside of the State of | ||
Illinois where the contract of
hire is made within the State of | ||
Illinois, persons whose employment
results in fatal or | ||
non-fatal injuries within the State of Illinois
where the | ||
contract of hire is made outside of the State of Illinois, and
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persons whose employment is principally localized within the | ||
State of
Illinois, regardless of the place of the accident or | ||
the place where the
contract of hire was made, and including | ||
aliens, and minors who, for the
purpose of this Act are | ||
considered the same and have the same power to
contract, | ||
receive payments and give quittances therefor, as adult | ||
employees.
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3. Every sole proprietor and every partner of a business | ||
may elect to
be covered by this Act.
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An employee or his dependents under this Act who shall have | ||
a cause
of action by reason of any injury, disablement or death | ||
arising out of
and in the course of his employment may elect to | ||
pursue his remedy in
the State where injured or disabled, or in | ||
the State where the contract
of hire is made, or in the State | ||
where the employment is principally
localized.
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However, any employer may elect to provide and pay | ||
compensation to
any employee other than those engaged in the | ||
usual course of the trade,
business, profession or occupation | ||
of the employer by complying with
Sections 2 and 4 of this Act. | ||
Employees are not included within the
provisions of this Act | ||
when excluded by the laws of the United States
relating to | ||
liability of employers to their employees for personal
injuries | ||
where such laws are held to be exclusive.
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The term "employee" does not include persons performing | ||
services as real
estate broker, broker-salesman, or salesman | ||
when such persons are paid by
commission only.
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(c) "Commission" means the Industrial Commission created | ||
by Section
5 of "The Civil Administrative Code of Illinois", | ||
approved March 7,
1917, as amended, or the Illinois Workers' | ||
Compensation Commission created by Section 13 of
this Act.
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(Source: P.A. 93-721, eff. 1-1-05.)
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(820 ILCS 305/8) (from Ch. 48, par. 138.8)
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Sec. 8. The amount of compensation which shall be paid to | ||
the
employee for an accidental injury not resulting in death | ||
is:
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(a) The employer shall provide and pay the negotiated rate, | ||
if applicable, or the lesser of the health care provider's | ||
actual charges or according to a fee schedule, subject to | ||
Section 8.2, in effect at the time the service was rendered for | ||
all the necessary first
aid, medical and surgical services, and | ||
all necessary medical, surgical
and hospital services | ||
thereafter incurred, limited, however, to that
which is | ||
reasonably required to cure or relieve from the effects of the
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accidental injury. If the employer does not dispute payment of | ||
first aid, medical, surgical,
and hospital services, the | ||
employer shall make such payment to the provider on behalf of | ||
the employee. The employer shall also pay for treatment,
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instruction and training necessary for the physical, mental and
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vocational rehabilitation of the employee, including all | ||
maintenance
costs and expenses incidental thereto. If as a | ||
result of the injury the
employee is unable to be | ||
self-sufficient the employer shall further pay
for such | ||
maintenance or institutional care as shall be required.
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The employee may at any time elect to secure his own | ||
physician,
surgeon and hospital services at the employer's | ||
expense, or,
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Upon agreement between the employer and the employees, or | ||
the employees'
exclusive representative, and subject to the | ||
approval of the Illinois Workers' Compensation
Commission, the | ||
employer shall maintain a list of physicians, to be
known as a | ||
Panel of Physicians, who are accessible to the employees.
The | ||
employer shall post this list in a place or places easily | ||
accessible
to his employees. The employee shall have the right | ||
to make an
alternative choice of physician from such Panel if | ||
he is not satisfied
with the physician first selected. If, due | ||
to the nature of the injury
or its occurrence away from the | ||
employer's place of business, the
employee is unable to make a | ||
selection from the Panel, the selection
process from the Panel | ||
shall not apply. The physician selected from the
Panel may | ||
arrange for any consultation, referral or other specialized
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medical services outside the Panel at the employer's expense. | ||
Provided
that, in the event the Commission shall find that a | ||
doctor selected by
the employee is rendering improper or | ||
inadequate care, the Commission
may order the employee to | ||
select another doctor certified or qualified
in the medical | ||
field for which treatment is required. If the employee
refuses | ||
to make such change the Commission may relieve the employer of
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his obligation to pay the doctor's charges from the date of | ||
refusal to
the date of compliance.
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Any vocational rehabilitation counselors who provide | ||
service under this Act shall have
appropriate certifications | ||
which designate the counselor as qualified to render
opinions | ||
relating to vocational rehabilitation. Vocational | ||
rehabilitation
may include, but is not limited to, counseling | ||
for job searches, supervising
a job search program, and | ||
vocational retraining including education at an
accredited | ||
learning institution. The employee or employer may petition to | ||
the Commission to decide disputes relating to vocational | ||
rehabilitation and the Commission shall resolve any such | ||
dispute, including payment of the vocational rehabilitation | ||
program by the employer. | ||
The maintenance benefit shall not be less than the | ||
temporary total disability
rate determined for the employee. In | ||
addition, maintenance shall include costs
and expenses | ||
incidental to the vocational rehabilitation program. | ||
When the employee is working light duty on a part-time | ||
basis or full-time
basis
and earns less than he or she would be | ||
earning if employed in the full capacity
of the job or jobs, | ||
then the employee shall be entitled to temporary partial | ||
disability benefits. Temporary partial disability benefits | ||
shall be
equal to two-thirds of
the difference between the | ||
average amount that the employee would be able to
earn in the | ||
full performance of his or her duties in the occupation in | ||
which he
or she was engaged at the time of accident and the net | ||
amount which he or she
is
earning in the modified job provided | ||
to the employee by the employer or in any other job that the | ||
employee is working. | ||
Every hospital, physician, surgeon or other person | ||
rendering
treatment or services in accordance with the | ||
provisions of this Section
shall upon written request furnish | ||
full and complete reports thereof to,
and permit their records | ||
to be copied by, the employer, the employee or
his dependents, | ||
as the case may be, or any other party to any proceeding
for | ||
compensation before the Commission, or their attorneys.
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Notwithstanding the foregoing, the employer's liability to | ||
pay for such
medical services selected by the employee shall be | ||
limited to:
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(1) all first aid and emergency treatment; plus
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(2) all medical, surgical and hospital services | ||
provided by the
physician, surgeon or hospital initially | ||
chosen by the employee or by any
other physician, | ||
consultant, expert, institution or other provider of
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services recommended by said initial service provider or | ||
any subsequent
provider of medical services in the chain of | ||
referrals from said
initial service provider; plus
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(3) all medical, surgical and hospital services | ||
provided by any second
physician, surgeon or hospital | ||
subsequently chosen by the employee or by
any other | ||
physician, consultant, expert, institution or other | ||
provider of
services recommended by said second service | ||
provider or any subsequent provider
of medical services in | ||
the chain of referrals
from said second service provider. | ||
Thereafter the employer shall select
and pay for all | ||
necessary medical, surgical and hospital treatment and the
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employee may not select a provider of medical services at | ||
the employer's
expense unless the employer agrees to such | ||
selection. At any time the employee
may obtain any medical | ||
treatment he desires at his own expense. This paragraph
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shall not affect the duty to pay for rehabilitation | ||
referred to above.
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When an employer and employee so agree in writing, nothing | ||
in this
Act prevents an employee whose injury or disability has | ||
been established
under this Act, from relying in good faith, on | ||
treatment by prayer or
spiritual means alone, in accordance | ||
with the tenets and practice of a
recognized church or | ||
religious denomination, by a duly accredited
practitioner | ||
thereof, and having nursing services appropriate therewith,
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without suffering loss or diminution of the compensation | ||
benefits under
this Act. However, the employee shall submit to | ||
all physical
examinations required by this Act. The cost of | ||
such treatment and
nursing care shall be paid by the employee | ||
unless the employer agrees to
make such payment.
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Where the accidental injury results in the amputation of an | ||
arm,
hand, leg or foot, or the enucleation of an eye, or the | ||
loss of any of
the natural teeth, the employer shall furnish an | ||
artificial of any such
members lost or damaged in accidental | ||
injury arising out of and in the
course of employment, and | ||
shall also furnish the necessary braces in all
proper and | ||
necessary cases. In cases of the loss of a member or members
by | ||
amputation, the employer shall, whenever necessary, maintain | ||
in good
repair, refit or replace the artificial limbs during | ||
the lifetime of the
employee. Where the accidental injury | ||
accompanied by physical injury
results in damage to a denture, | ||
eye glasses or contact eye lenses, or
where the accidental | ||
injury results in damage to an artificial member,
the employer | ||
shall replace or repair such denture, glasses, lenses, or
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artificial member.
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The furnishing by the employer of any such services or | ||
appliances is
not an admission of liability on the part of the | ||
employer to pay
compensation.
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The furnishing of any such services or appliances or the | ||
servicing
thereof by the employer is not the payment of | ||
compensation.
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(b) If the period of temporary total incapacity for work | ||
lasts more
than 3 working days, weekly compensation as | ||
hereinafter provided shall
be paid beginning on the 4th day of | ||
such temporary total incapacity and
continuing as long as the | ||
total temporary incapacity lasts. In cases
where the temporary | ||
total incapacity for work continues for a period of
14 days or | ||
more from the day of the accident compensation shall commence
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on the day after the accident.
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1. The compensation rate for temporary total | ||
incapacity under this
paragraph (b) of this Section shall | ||
be equal to 66 2/3% of the
employee's average weekly wage | ||
computed in accordance with Section 10,
provided that it | ||
shall be not less than 66 2/3% of the sum of the Federal | ||
minimum wage under the Fair Labor
Standards Act, or the | ||
Illinois minimum wage under the Minimum Wage Law,
whichever | ||
is more, multiplied by 40 hours. This percentage rate shall | ||
be
increased by 10% for each spouse and child, not to | ||
exceed 100% of the total
minimum wage calculation,
| ||
nor exceed the employee's average weekly wage computed in | ||
accordance
with the provisions of Section 10, whichever is | ||
less.
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2. The compensation rate in all cases other than for | ||
temporary total
disability under this paragraph (b), and | ||
other than for serious and
permanent disfigurement under | ||
paragraph (c) and other than for permanent
partial | ||
disability under subparagraph (2) of paragraph (d) or under
| ||
paragraph (e), of this Section shall be equal to 66
2/3% of | ||
the employee's average weekly wage computed in accordance | ||
with
the provisions of Section 10, provided that it shall | ||
be not less than
66 2/3% of the sum of the Federal minimum | ||
wage under the Fair Labor Standards Act, or the Illinois | ||
minimum wage under the Minimum Wage Law, whichever is more, | ||
multiplied by 40 hours. This percentage rate shall be | ||
increased by 10% for each spouse and child, not to exceed | ||
100% of the total minimum wage calculation,
| ||
nor exceed the employee's average weekly wage computed in | ||
accordance
with the provisions of Section 10, whichever is | ||
less.
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2.1. The compensation rate in all cases of serious and | ||
permanent
disfigurement under paragraph (c) and of | ||
permanent partial disability
under subparagraph (2) of | ||
paragraph (d) or under paragraph (e) of this
Section shall | ||
be equal to
60% of the employee's average
weekly wage | ||
computed in accordance with
the provisions of Section 10, | ||
provided that it shall be not less than
66 2/3% of the sum | ||
of the Federal minimum wage under the Fair Labor Standards | ||
Act, or the Illinois minimum wage under the Minimum Wage | ||
Law, whichever is more, multiplied by 40 hours. This | ||
percentage rate shall be increased by 10% for each spouse | ||
and child, not to exceed 100% of the total minimum wage | ||
calculation,
| ||
nor exceed the employee's average weekly wage computed in | ||
accordance
with the provisions of Section 10, whichever is | ||
less.
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3. As used in this Section the term "child" means a | ||
child of the
employee including any child legally adopted | ||
before the accident or whom
at the time of the accident the | ||
employee was under legal obligation to
support or to whom | ||
the employee stood in loco parentis, and who at the
time of | ||
the accident was under 18 years of age and not emancipated. | ||
The
term "children" means the plural of "child".
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4. All weekly compensation rates provided under | ||
subparagraphs 1,
2 and 2.1 of this paragraph (b) of this | ||
Section shall be subject to the
following limitations:
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The maximum weekly compensation rate from July 1, 1975, | ||
except as
hereinafter provided, shall be 100% of the | ||
State's average weekly wage in
covered industries under the | ||
Unemployment Insurance Act, that being the
wage that most | ||
closely approximates the State's average weekly wage.
| ||
The maximum weekly compensation rate, for the period | ||
July 1, 1984,
through June 30, 1987, except as hereinafter | ||
provided, shall be $293.61.
Effective July 1, 1987 and on | ||
July 1 of each year thereafter the maximum
weekly | ||
compensation rate, except as hereinafter provided, shall | ||
be
determined as follows: if during the preceding 12 month | ||
period there shall
have been an increase in the State's | ||
average weekly wage in covered
industries under the | ||
Unemployment Insurance Act, the weekly compensation
rate | ||
shall be proportionately increased by the same percentage | ||
as the
percentage of increase in the State's average weekly | ||
wage in covered
industries under the Unemployment | ||
Insurance Act during such period.
| ||
The maximum weekly compensation rate, for the period | ||
January 1, 1981
through December 31, 1983, except as | ||
hereinafter provided, shall be 100% of
the State's average | ||
weekly wage in covered industries under the
Unemployment | ||
Insurance Act in effect on January 1, 1981. Effective | ||
January
1, 1984 and on January 1, of each year thereafter | ||
the maximum weekly
compensation rate, except as | ||
hereinafter provided, shall be determined as
follows: if | ||
during the preceding 12 month period there shall have been | ||
an
increase in the State's average weekly wage in covered | ||
industries under the
Unemployment Insurance Act, the | ||
weekly compensation rate shall be
proportionately | ||
increased by the same percentage as the percentage of
| ||
increase in the State's average weekly wage in covered | ||
industries under the
Unemployment Insurance Act during | ||
such period.
| ||
From July 1, 1977 and thereafter such maximum weekly | ||
compensation
rate in death cases under Section 7, and | ||
permanent total disability
cases under paragraph (f) or | ||
subparagraph 18 of paragraph (3) of this
Section and for | ||
temporary total disability under paragraph (b) of this
| ||
Section and for amputation of a member or enucleation of an | ||
eye under
paragraph (e) of this Section shall be increased | ||
to 133-1/3% of the
State's average weekly wage in covered | ||
industries under the
Unemployment Insurance Act.
| ||
For injuries occurring on or after February 1, 2006, | ||
the maximum weekly benefit under paragraph (d)1 of this | ||
Section shall be 100% of the State's average weekly wage in | ||
covered industries under the Unemployment Insurance Act.
| ||
4.1. Any provision herein to the contrary | ||
notwithstanding, the
weekly compensation rate for | ||
compensation payments under subparagraph 18
of paragraph | ||
(e) of this Section and under paragraph (f) of this
Section | ||
and under paragraph (a) of Section 7 and for amputation of | ||
a member or enucleation of an eye under paragraph (e) of | ||
this Section, shall in no event be less
than 50% of the | ||
State's average weekly wage in covered industries under
the | ||
Unemployment Insurance Act.
| ||
4.2. Any provision to the contrary notwithstanding, | ||
the total
compensation payable under Section 7 shall not | ||
exceed the greater of $500,000
or 25
years.
| ||
5. For the purpose of this Section this State's average | ||
weekly wage
in covered industries under the Unemployment | ||
Insurance Act on
July 1, 1975 is hereby fixed at $228.16 | ||
per
week and the computation of compensation rates shall be | ||
based on the
aforesaid average weekly wage until modified | ||
as hereinafter provided.
| ||
6. The Department of Employment Security of the State | ||
shall
on or before the first day of December, 1977, and on | ||
or before the first
day of June, 1978, and on the first day | ||
of each December and June of each
year thereafter, publish | ||
the State's average weekly wage in covered
industries under | ||
the Unemployment Insurance Act and the Illinois Workers' | ||
Compensation
Commission shall on the 15th day of January, | ||
1978 and on the 15th day of
July, 1978 and on the 15th day | ||
of each January and July of each year
thereafter, post and | ||
publish the State's average weekly wage in covered
| ||
industries under the Unemployment Insurance Act as last | ||
determined and
published by the Department of Employment | ||
Security. The amount when so
posted and published shall be | ||
conclusive and shall be applicable as the
basis of | ||
computation of compensation rates until the next posting | ||
and
publication as aforesaid.
| ||
7. The payment of compensation by an employer or his | ||
insurance
carrier to an injured employee shall not | ||
constitute an admission of the
employer's liability to pay | ||
compensation.
| ||
(c) For any serious and permanent disfigurement to the | ||
hand, head,
face, neck, arm, leg below the knee or the chest | ||
above the axillary
line, the employee is entitled to | ||
compensation for such disfigurement,
the amount determined by | ||
agreement at any time or by arbitration under
this Act, at a | ||
hearing not less than 6 months after the date of the
accidental | ||
injury, which amount shall not exceed 150 weeks (if the | ||
accidental injury occurs on or after the effective date of this | ||
amendatory Act of the 94th General Assembly
but before February
| ||
1, 2006) or 162
weeks (if the accidental injury occurs on or | ||
after February
1, 2006) at the
applicable rate provided in | ||
subparagraph 2.1 of paragraph (b) of this Section.
| ||
No compensation is payable under this paragraph where | ||
compensation is
payable under paragraphs (d), (e) or (f) of | ||
this Section.
| ||
A duly appointed member of a fire department in a city, the | ||
population of
which exceeds 500,000 200,000 according to the | ||
last federal or State census, is
eligible for compensation | ||
under this paragraph only where such serious and
permanent | ||
disfigurement results from burns.
| ||
(d) 1. If, after the accidental injury has been sustained, | ||
the
employee as a result thereof becomes partially | ||
incapacitated from
pursuing his usual and customary line of | ||
employment, he shall, except in
cases compensated under the | ||
specific schedule set forth in paragraph (e)
of this Section, | ||
receive compensation for the duration of his
disability, | ||
subject to the limitations as to maximum amounts fixed in
| ||
paragraph (b) of this Section, equal to 66-2/3% of the | ||
difference
between the average amount which he would be able to | ||
earn in the full
performance of his duties in the occupation in | ||
which he was engaged at
the time of the accident and the | ||
average amount which he is earning or
is able to earn in some | ||
suitable employment or business after the accident.
| ||
2. If, as a result of the accident, the employee sustains | ||
serious
and permanent injuries not covered by paragraphs (c) | ||
and (e) of this
Section or having sustained injuries covered by | ||
the aforesaid
paragraphs (c) and (e), he shall have sustained | ||
in addition thereto
other injuries which injuries do not | ||
incapacitate him from pursuing the
duties of his employment but | ||
which would disable him from pursuing other
suitable | ||
occupations, or which have otherwise resulted in physical
| ||
impairment; or if such injuries partially incapacitate him from | ||
pursuing
the duties of his usual and customary line of | ||
employment but do not
result in an impairment of earning | ||
capacity, or having resulted in an
impairment of earning | ||
capacity, the employee elects to waive his right
to recover | ||
under the foregoing subparagraph 1 of paragraph (d) of this
| ||
Section then in any of the foregoing events, he shall receive | ||
in
addition to compensation for temporary total disability | ||
under paragraph
(b) of this Section, compensation at the rate | ||
provided in subparagraph 2.1
of paragraph (b) of this Section | ||
for that percentage of 500 weeks that
the partial disability | ||
resulting from the injuries covered by this
paragraph bears to | ||
total disability. If the employee shall have
sustained a | ||
fracture of one or more vertebra or fracture of the skull,
the | ||
amount of compensation allowed under this Section shall be not | ||
less
than 6 weeks for a fractured skull and 6 weeks for each | ||
fractured
vertebra, and in the event the employee shall have | ||
sustained a fracture
of any of the following facial bones: | ||
nasal, lachrymal, vomer, zygoma,
maxilla, palatine or | ||
mandible, the amount of compensation allowed under
this Section | ||
shall be not less than 2 weeks for each such fractured
bone, | ||
and for a fracture of each transverse process not less than 3
| ||
weeks. In the event such injuries shall result in the loss of a | ||
kidney,
spleen or lung, the amount of compensation allowed | ||
under this Section
shall be not less than 10 weeks for each | ||
such organ. Compensation
awarded under this subparagraph 2 | ||
shall not take into consideration
injuries covered under | ||
paragraphs (c) and (e) of this Section and the
compensation | ||
provided in this paragraph shall not affect the employee's
| ||
right to compensation payable under paragraphs (b), (c) and (e) | ||
of this
Section for the disabilities therein covered.
| ||
(e) For accidental injuries in the following schedule, the | ||
employee
shall receive compensation for the period of temporary | ||
total incapacity
for work resulting from such accidental | ||
injury, under subparagraph 1 of
paragraph (b) of this Section, | ||
and shall receive in addition thereto
compensation for a | ||
further period for the specific loss herein
mentioned, but | ||
shall not receive any compensation under any other
provisions | ||
of this Act. The following listed amounts apply to either
the | ||
loss of or the permanent and complete loss of use of the member
| ||
specified, such compensation for the length of time as follows:
| ||
1. Thumb- | ||
70 weeks if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the | ||
94th General Assembly
but before February
1, 2006.
| ||
76
weeks if the accidental injury occurs on or | ||
after February
1, 2006.
| ||
2. First, or index finger- | ||
40 weeks if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the | ||
94th General Assembly
but before February
1, 2006.
| ||
43
weeks if the accidental injury occurs on or | ||
after February
1, 2006.
| ||
3. Second, or middle finger- | ||
35 weeks if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the | ||
94th General Assembly
but before February
1, 2006.
| ||
38
weeks if the accidental injury occurs on or | ||
after February
1, 2006.
| ||
4. Third, or ring finger- | ||
25 weeks if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the | ||
94th General Assembly
but before February
1, 2006.
| ||
27
weeks if the accidental injury occurs on or | ||
after February
1, 2006.
| ||
5. Fourth, or little finger- | ||
20 weeks if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the | ||
94th General Assembly
but before February
1, 2006.
| ||
22
weeks if the accidental injury occurs on or | ||
after February
1, 2006.
| ||
6. Great toe- | ||
35 weeks if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the | ||
94th General Assembly
but before February
1, 2006.
| ||
38
weeks if the accidental injury occurs on or | ||
after February
1, 2006.
| ||
7. Each toe other than great toe- | ||
12 weeks if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the | ||
94th General Assembly
but before February
1, 2006.
| ||
13
weeks if the accidental injury occurs on or | ||
after February
1, 2006.
| ||
8. The loss of the first or distal phalanx of the thumb | ||
or of any
finger or toe shall be considered to be equal to | ||
the loss of one-half of
such thumb, finger or toe and the | ||
compensation payable shall be one-half
of the amount above | ||
specified. The loss of more than one phalanx shall
be | ||
considered as the loss of the entire thumb, finger or toe. | ||
In no
case shall the amount received for more than one | ||
finger exceed the
amount provided in this schedule for the | ||
loss of a hand.
| ||
9. Hand- | ||
190 weeks if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the | ||
94th General Assembly
but before February
1, 2006.
| ||
205
weeks if the accidental injury occurs on or | ||
after February
1, 2006. | ||
The loss of 2 or more digits, or one or more
phalanges | ||
of 2 or more digits, of a hand may be compensated on the | ||
basis
of partial loss of use of a hand, provided, further, | ||
that the loss of 4
digits, or the loss of use of 4 digits, | ||
in the same hand shall
constitute the complete loss of a | ||
hand.
| ||
10. Arm- | ||
235 weeks if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the | ||
94th General Assembly
but before February
1, 2006.
| ||
253
weeks if the accidental injury occurs on or | ||
after February
1, 2006. | ||
Where an accidental injury results in the
amputation of | ||
an arm below the elbow, such injury shall be compensated
as | ||
a loss of an arm. Where an accidental injury results in the
| ||
amputation of an arm above the elbow, compensation for an | ||
additional 15 weeks (if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the 94th | ||
General Assembly
but before February
1, 2006) or an | ||
additional 17
weeks (if the accidental injury occurs on or | ||
after February
1, 2006) shall be paid, except where the | ||
accidental injury results in the
amputation of an arm at | ||
the shoulder joint, or so close to shoulder
joint that an | ||
artificial arm cannot be used, or results in the
| ||
disarticulation of an arm at the shoulder joint, in which | ||
case
compensation for an additional 65 weeks (if the | ||
accidental injury occurs on or after the effective date of | ||
this amendatory Act of the 94th General Assembly
but before | ||
February
1, 2006) or an additional 70
weeks (if the | ||
accidental injury occurs on or after February
1, 2006)
| ||
shall be paid.
| ||
11. Foot- | ||
155 weeks if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the | ||
94th General Assembly
but before February
1, 2006.
| ||
167
weeks if the accidental injury occurs on or | ||
after February
1, 2006.
| ||
12. Leg- | ||
200 weeks if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the | ||
94th General Assembly
but before February
1, 2006.
| ||
215
weeks if the accidental injury occurs on or | ||
after February
1, 2006. | ||
Where an accidental injury results in the
amputation of | ||
a leg below the knee, such injury shall be compensated as
| ||
loss of a leg. Where an accidental injury results in the | ||
amputation of a
leg above the knee, compensation for an | ||
additional 25 weeks (if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the 94th | ||
General Assembly
but before February
1, 2006) or an | ||
additional 27
weeks (if the accidental injury occurs on or | ||
after February
1, 2006) shall be
paid, except where the | ||
accidental injury results in the amputation of a
leg at the | ||
hip joint, or so close to the hip joint that an artificial
| ||
leg cannot be used, or results in the disarticulation of a | ||
leg at the
hip joint, in which case compensation for an | ||
additional 75 weeks (if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the 94th | ||
General Assembly
but before February
1, 2006) or an | ||
additional 81
weeks (if the accidental injury occurs on or | ||
after February
1, 2006) shall
be paid.
| ||
13. Eye- | ||
150 weeks if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the | ||
94th General Assembly
but before February
1, 2006.
| ||
162
weeks if the accidental injury occurs on or | ||
after February
1, 2006. | ||
Where an accidental injury results in the
enucleation | ||
of an eye, compensation for an additional 10 weeks (if the | ||
accidental injury occurs on or after the effective date of | ||
this amendatory Act of the 94th General Assembly
but before | ||
February
1, 2006) or an additional 11
weeks (if the | ||
accidental injury occurs on or after February
1, 2006)
| ||
shall be
paid.
| ||
14. Loss of hearing of one ear- | ||
50 weeks if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the | ||
94th General Assembly
but before February
1, 2006.
| ||
54
weeks if the accidental injury occurs on or | ||
after February
1, 2006.
| ||
Total and permanent loss of
hearing of both ears- | ||
200 weeks if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the | ||
94th General Assembly
but before February
1, 2006. | ||
215
weeks if the accidental injury occurs on or | ||
after February
1, 2006.
| ||
15. Testicle- | ||
50 weeks if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the | ||
94th General Assembly
but before February
1, 2006.
| ||
54
weeks if the accidental injury occurs on or | ||
after February
1, 2006.
| ||
Both testicles- | ||
150 weeks if the accidental injury occurs on or | ||
after the effective date of this amendatory Act of the | ||
94th General Assembly
but before February
1, 2006.
| ||
162
weeks if the accidental injury occurs on or | ||
after February
1, 2006.
| ||
16. For the permanent partial loss of use of a member | ||
or sight of an
eye, or hearing of an ear, compensation | ||
during that proportion of the
number of weeks in the | ||
foregoing schedule provided for the loss of such
member or | ||
sight of an eye, or hearing of an ear, which the partial | ||
loss
of use thereof bears to the total loss of use of such | ||
member, or sight
of eye, or hearing of an ear.
| ||
(a) Loss of hearing for compensation purposes | ||
shall be
confined to the frequencies of 1,000, 2,000 | ||
and 3,000 cycles per second.
Loss of hearing ability | ||
for frequency tones above 3,000 cycles per second
are | ||
not to be considered as constituting disability for | ||
hearing.
| ||
(b) The percent of hearing loss, for purposes of | ||
the
determination of compensation claims for | ||
occupational deafness,
shall be calculated as the | ||
average in decibels for the thresholds
of hearing for | ||
the frequencies of 1,000, 2,000 and 3,000 cycles per | ||
second.
Pure tone air conduction audiometric | ||
instruments, approved by
nationally recognized | ||
authorities in this field, shall be used for measuring
| ||
hearing loss. If the losses of hearing average 30 | ||
decibels or less in the
3 frequencies, such losses of | ||
hearing shall not then constitute any
compensable | ||
hearing disability. If the losses of hearing average 85
| ||
decibels or more in the 3 frequencies, then the same | ||
shall constitute and
be total or 100% compensable | ||
hearing loss.
| ||
(c) In measuring hearing impairment, the lowest | ||
measured
losses in each of the 3 frequencies shall be | ||
added together and
divided by 3 to determine the | ||
average decibel loss. For every decibel
of loss | ||
exceeding 30 decibels an allowance of 1.82% shall be | ||
made up to
the maximum of 100% which is reached at 85 | ||
decibels.
| ||
(d) If a hearing loss is established to have | ||||||||||||||||||||||||
existed on July 1, 1975 by
audiometric testing the | ||||||||||||||||||||||||
employer shall not be liable for the previous loss
so | ||||||||||||||||||||||||
established nor shall he be liable for any loss for | ||||||||||||||||||||||||
which compensation
has been paid or awarded.
| ||||||||||||||||||||||||
(e) No consideration shall be given to the question | ||||||||||||||||||||||||
of
whether or not the ability of an employee to | ||||||||||||||||||||||||
understand speech
is improved by the use of a hearing | ||||||||||||||||||||||||
aid.
| ||||||||||||||||||||||||
(f) No claim for loss of hearing due to industrial | ||||||||||||||||||||||||
noise
shall be brought against an employer or allowed | ||||||||||||||||||||||||
unless the employee has
been exposed for a period of | ||||||||||||||||||||||||
time sufficient to cause permanent impairment
to noise | ||||||||||||||||||||||||
levels in excess of the following:
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
This subparagraph (f) shall not be applied in cases of | ||||||||||||||||||||||||
hearing loss
resulting from trauma or explosion.
| ||
17. In computing the compensation to be paid to any | ||
employee who,
before the accident for which he claims | ||
compensation, had before that
time sustained an injury | ||
resulting in the loss by amputation or partial
loss by | ||
amputation of any member, including hand, arm, thumb or | ||
fingers,
leg, foot or any toes, such loss or partial loss | ||
of any such member
shall be deducted from any award made | ||
for the subsequent injury. For
the permanent loss of use or | ||
the permanent partial loss of use of any
such member or the | ||
partial loss of sight of an eye, for which
compensation has | ||
been paid, then such loss shall be taken into
consideration | ||
and deducted from any award for the subsequent injury.
| ||
18. The specific case of loss of both hands, both arms, | ||
or both
feet, or both legs, or both eyes, or of any two | ||
thereof, or the
permanent and complete loss of the use | ||
thereof, constitutes total and
permanent disability, to be | ||
compensated according to the compensation
fixed by | ||
paragraph (f) of this Section. These specific cases of | ||
total
and permanent disability do not exclude other cases.
| ||
Any employee who has previously suffered the loss or | ||
permanent and
complete loss of the use of any of such | ||
members, and in a subsequent
independent accident loses | ||
another or suffers the permanent and complete
loss of the | ||
use of any one of such members the employer for whom the
| ||
injured employee is working at the time of the last | ||
independent accident
is liable to pay compensation only for | ||
the loss or permanent and
complete loss of the use of the | ||
member occasioned by the last
independent accident.
| ||
19. In a case of specific loss and the subsequent death | ||
of such
injured employee from other causes than such injury | ||
leaving a widow,
widower, or dependents surviving before | ||
payment or payment in full for
such injury, then the amount | ||
due for such injury is payable to the widow
or widower and, | ||
if there be no widow or widower, then to such
dependents, | ||
in the proportion which such dependency bears to total
| ||
dependency.
| ||
Beginning July 1, 1980, and every 6 months thereafter, the | ||
Commission
shall examine the Second Injury Fund and when, after | ||
deducting all
advances or loans made to such Fund, the amount | ||
therein is $500,000
then the amount required to be paid by | ||
employers pursuant to paragraph
(f) of Section 7 shall be | ||
reduced by one-half. When the Second Injury Fund
reaches the | ||
sum of $600,000 then the payments shall cease entirely.
| ||
However, when the Second Injury Fund has been reduced to | ||
$400,000, payment
of one-half of the amounts required by | ||
paragraph (f) of Section 7
shall be resumed, in the manner | ||
herein provided, and when the Second Injury
Fund has been | ||
reduced to $300,000, payment of the full amounts required by
| ||
paragraph (f) of Section 7 shall be resumed, in the manner | ||
herein provided.
The Commission shall make the changes in | ||
payment effective by
general order, and the changes in payment | ||
become immediately effective
for all cases coming before the | ||
Commission thereafter either by
settlement agreement or final | ||
order, irrespective of the date of the
accidental injury.
| ||
On August 1, 1996 and on February 1 and August 1 of each | ||
subsequent year, the Commission
shall examine the special fund | ||
designated as the "Rate
Adjustment Fund" and when, after | ||
deducting all advances or loans made to
said fund, the amount | ||
therein is $4,000,000, the amount required to be
paid by | ||
employers pursuant to paragraph (f) of Section 7 shall be
| ||
reduced by one-half. When the Rate Adjustment Fund reaches the | ||
sum of
$5,000,000 the payment therein shall cease entirely. | ||
However, when said
Rate Adjustment Fund has been reduced to | ||
$3,000,000 the amounts required by
paragraph (f) of Section 7 | ||
shall be resumed in the manner herein provided.
| ||
(f) In case of complete disability, which renders the | ||
employee
wholly and permanently incapable of work, or in the | ||
specific case of
total and permanent disability as provided in | ||
subparagraph 18 of
paragraph (e) of this Section, compensation | ||
shall be payable at the rate
provided in subparagraph 2 of | ||
paragraph (b) of this Section for life.
| ||
An employee entitled to benefits under paragraph (f) of | ||
this Section
shall also be entitled to receive from the Rate | ||
Adjustment
Fund provided in paragraph (f) of Section 7 of the | ||
supplementary benefits
provided in paragraph (g) of this | ||
Section 8.
| ||
If any employee who receives an award under this paragraph | ||
afterwards
returns to work or is able to do so, and earns or is | ||
able to earn as
much as before the accident, payments under | ||
such award shall cease. If
such employee returns to work, or is | ||
able to do so, and earns or is able
to earn part but not as much | ||
as before the accident, such award shall be
modified so as to | ||
conform to an award under paragraph (d) of this
Section. If | ||
such award is terminated or reduced under the provisions of
| ||
this paragraph, such employees have the right at any time | ||
within 30
months after the date of such termination or | ||
reduction to file petition
with the Commission for the purpose | ||
of determining whether any
disability exists as a result of the | ||
original accidental injury and the
extent thereof.
| ||
Disability as enumerated in subdivision 18, paragraph (e) | ||
of this
Section is considered complete disability.
| ||
If an employee who had previously incurred loss or the | ||
permanent and
complete loss of use of one member, through the | ||
loss or the permanent
and complete loss of the use of one hand, | ||
one arm, one foot, one leg, or
one eye, incurs permanent and | ||
complete disability through the loss or
the permanent and | ||
complete loss of the use of another member, he shall
receive, | ||
in addition to the compensation payable by the employer and
| ||
after such payments have ceased, an amount from the Second | ||
Injury Fund
provided for in paragraph (f) of Section 7, which, | ||
together with the
compensation payable from the employer in | ||
whose employ he was when the
last accidental injury was | ||
incurred, will equal the amount payable for
permanent and | ||
complete disability as provided in this paragraph of this
| ||
Section.
| ||
The custodian of the Second Injury Fund provided for in | ||
paragraph (f)
of Section 7 shall be joined with the employer as | ||
a party respondent in
the application for adjustment of claim. | ||
The application for adjustment
of claim shall state briefly and | ||
in general terms the approximate time
and place and manner of | ||
the loss of the first member.
| ||
In its award the Commission or the Arbitrator shall | ||
specifically find
the amount the injured employee shall be | ||
weekly paid, the number of
weeks compensation which shall be | ||
paid by the employer, the date upon
which payments begin out of | ||
the Second Injury Fund provided for in
paragraph (f) of Section | ||
7 of this Act, the length of time the weekly
payments continue, | ||
the date upon which the pension payments commence and
the | ||
monthly amount of the payments. The Commission shall 30 days | ||
after
the date upon which payments out of the Second Injury | ||
Fund have begun as
provided in the award, and every month | ||
thereafter, prepare and submit to
the State Comptroller a | ||
voucher for payment for all compensation accrued
to that date | ||
at the rate fixed by the Commission. The State Comptroller
| ||
shall draw a warrant to the injured employee along with a | ||
receipt to be
executed by the injured employee and returned to | ||
the Commission. The
endorsed warrant and receipt is a full and | ||
complete acquittance to the
Commission for the payment out of | ||
the Second Injury Fund. No other
appropriation or warrant is | ||
necessary for payment out of the Second
Injury Fund. The Second | ||
Injury Fund is appropriated for the purpose of
making payments | ||
according to the terms of the awards.
| ||
As of July 1, 1980 to July 1, 1982, all claims against and | ||
obligations
of the Second Injury Fund shall become claims | ||
against and obligations of
the Rate Adjustment Fund to the | ||
extent there is insufficient money in the
Second Injury Fund to | ||
pay such claims and obligations. In that case, all
references | ||
to "Second Injury Fund" in this Section shall also include the
| ||
Rate Adjustment Fund.
| ||
(g) Every award for permanent total disability entered by | ||
the
Commission on and after July 1, 1965 under which | ||
compensation payments
shall become due and payable after the | ||
effective date of this amendatory
Act, and every award for | ||
death benefits or permanent total disability
entered by the | ||
Commission on and after the effective date of this
amendatory | ||
Act shall be subject to annual adjustments as to the amount
of | ||
the compensation rate therein provided. Such adjustments shall | ||
first
be made on July 15, 1977, and all awards made and entered | ||
prior to July
1, 1975 and on July 15 of each year
thereafter. | ||
In all other cases such adjustment shall be made on July 15
of | ||
the second year next following the date of the entry of the | ||
award and
shall further be made on July 15 annually thereafter. | ||
If during the
intervening period from the date of the entry of | ||
the award, or the last
periodic adjustment, there shall have | ||
been an increase in the State's
average weekly wage in covered | ||
industries under the Unemployment
Insurance Act, the weekly | ||
compensation rate shall be proportionately
increased by the | ||
same percentage as the percentage of increase in the
State's | ||
average weekly wage in covered industries under the
| ||
Unemployment Insurance Act. The increase in the compensation | ||
rate
under this paragraph shall in no event bring the total | ||
compensation rate
to an amount greater than the prevailing | ||
maximum rate at the time that the annual adjustment is made. | ||
Such increase
shall be paid in the same manner as herein | ||
provided for payments under
the Second Injury Fund to the | ||
injured employee, or his dependents, as
the case may be, out of | ||
the Rate Adjustment Fund provided
in paragraph (f) of Section 7 | ||
of this Act. Payments shall be made at
the same intervals as | ||
provided in the award or, at the option of the
Commission, may | ||
be made in quarterly payment on the 15th day of January,
April, | ||
July and October of each year. In the event of a decrease in
| ||
such average weekly wage there shall be no change in the then | ||
existing
compensation rate. The within paragraph shall not | ||
apply to cases where
there is disputed liability and in which a | ||
compromise lump sum settlement
between the employer and the | ||
injured employee, or his dependents, as the
case may be, has | ||
been duly approved by the Illinois Workers' Compensation
| ||
Commission.
| ||
Provided, that in cases of awards entered by the Commission | ||
for
injuries occurring before July 1, 1975, the increases in | ||
the
compensation rate adjusted under the foregoing provision of | ||
this
paragraph (g) shall be limited to increases in the State's | ||
average
weekly wage in covered industries under the | ||
Unemployment Insurance Act
occurring after July 1, 1975.
| ||
For every accident occurring on or after July 20, 2005 but | ||
before the effective date of this amendatory Act of the 94th | ||
General Assembly (Senate Bill 1283 of the 94th General | ||
Assembly), the annual adjustments to the compensation rate in | ||
awards for death benefits or permanent total disability, as | ||
provided in this Act, shall be paid by the employer. The | ||
adjustment shall be made by the employer on July 15 of the | ||
second year next following the date of the entry of the award | ||
and shall further be made on July 15 annually thereafter. If | ||
during the intervening period from the date of the entry of the | ||
award, or the last periodic adjustment, there shall have been | ||
an increase in the State's average weekly wage in covered | ||
industries under the Unemployment Insurance Act, the employer | ||
shall increase the weekly compensation rate proportionately by | ||
the same percentage as the percentage of increase in the | ||
State's average weekly wage in covered industries under the | ||
Unemployment Insurance Act. The increase in the compensation | ||
rate under this paragraph shall in no event bring the total | ||
compensation rate to an amount greater than the prevailing | ||
maximum rate at the time that the annual adjustment is made. In | ||
the event of a decrease in such average weekly wage there shall | ||
be no change in the then existing compensation rate. Such | ||
increase shall be paid by the employer in the same manner and | ||
at the same intervals as the payment of compensation in the | ||
award. This paragraph shall not apply to cases where there is | ||
disputed liability and in which a compromise lump sum | ||
settlement between the employer and the injured employee, or | ||
his or her dependents, as the case may be, has been duly | ||
approved by the Illinois Workers' Compensation Commission. | ||
The annual adjustments for every award of death benefits or | ||
permanent total disability involving accidents occurring | ||
before July 20, 2005 and accidents occurring on or after the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly (Senate Bill 1283 of the 94th General Assembly) shall | ||
continue to be paid from the Rate Adjustment Fund pursuant to | ||
this paragraph and Section 7(f) of this Act.
| ||
(h) In case death occurs from any cause before the total
| ||
compensation to which the employee would have been entitled has | ||
been
paid, then in case the employee leaves any widow, widower, | ||
child, parent
(or any grandchild, grandparent or other lineal | ||
heir or any collateral
heir dependent at the time of the | ||
accident upon the earnings of the
employee to the extent of 50% | ||
or more of total dependency) such
compensation shall be paid to | ||
the beneficiaries of the deceased employee
and distributed as | ||
provided in paragraph (g) of Section 7.
| ||
(h-1) In case an injured employee is under legal disability
| ||
at the time when any right or privilege accrues to him or her | ||
under this
Act, a guardian may be appointed pursuant to law, | ||
and may, on behalf
of such person under legal disability, claim | ||
and exercise any
such right or privilege with the same effect | ||
as if the employee himself
or herself had claimed or exercised | ||
the right or privilege. No limitations
of time provided by this | ||
Act run so long as the employee who is under legal
disability | ||
is without a conservator or guardian.
| ||
(i) In case the injured employee is under 16 years of age | ||
at the
time of the accident and is illegally employed, the | ||
amount of
compensation payable under paragraphs (b), (c), (d), | ||
(e) and (f) of this
Section is increased 50%.
| ||
However, where an employer has on file an employment | ||
certificate
issued pursuant to the Child Labor Law or work | ||
permit issued pursuant
to the Federal Fair Labor Standards Act, | ||
as amended, or a birth
certificate properly and duly issued, | ||
such certificate, permit or birth
certificate is conclusive | ||
evidence as to the age of the injured minor
employee for the | ||
purposes of this Section.
| ||
Nothing herein contained repeals or amends the provisions | ||
of the
Child Labor Law relating to the employment of minors | ||
under the age of 16 years.
| ||
(j) 1. In the event the injured employee receives benefits,
| ||
including medical, surgical or hospital benefits under any | ||
group plan
covering non-occupational disabilities contributed | ||
to wholly or
partially by the employer, which benefits should | ||
not have been payable
if any rights of recovery existed under | ||
this Act, then such amounts so
paid to the employee from any | ||
such group plan as shall be consistent
with, and limited to, | ||
the provisions of paragraph 2 hereof, shall be
credited to or | ||
against any compensation payment for temporary total
| ||
incapacity for work or any medical, surgical or hospital | ||
benefits made
or to be made under this Act. In such event, the | ||
period of time for
giving notice of accidental injury and | ||
filing application for adjustment
of claim does not commence to | ||
run until the termination of such
payments. This paragraph does | ||
not apply to payments made under any
group plan which would | ||
have been payable irrespective of an accidental
injury under | ||
this Act. Any employer receiving such credit shall keep
such | ||
employee safe and harmless from any and all claims or | ||
liabilities
that may be made against him by reason of having | ||
received such payments
only to the extent of such credit.
| ||
Any excess benefits paid to or on behalf of a State | ||
employee by the
State Employees' Retirement System under | ||
Article 14 of the Illinois Pension
Code on a death claim or | ||
disputed disability claim shall be credited
against any | ||
payments made or to be made by the State of Illinois to or on
| ||
behalf of such employee under this Act, except for payments for | ||
medical
expenses which have already been incurred at the time | ||
of the award. The
State of Illinois shall directly reimburse | ||
the State Employees' Retirement
System to the extent of such | ||
credit.
| ||
2. Nothing contained in this Act shall be construed to give | ||
the
employer or the insurance carrier the right to credit for | ||
any benefits
or payments received by the employee other than | ||
compensation payments
provided by this Act, and where the | ||
employee receives payments other
than compensation payments, | ||
whether as full or partial salary, group
insurance benefits, | ||
bonuses, annuities or any other payments, the
employer or | ||
insurance carrier shall receive credit for each such payment
| ||
only to the extent of the compensation that would have been | ||
payable
during the period covered by such payment.
| ||
3. The extension of time for the filing of an Application | ||
for
Adjustment of Claim as provided in paragraph 1 above shall | ||
not apply to
those cases where the time for such filing had | ||
expired prior to the date
on which payments or benefits | ||
enumerated herein have been initiated or
resumed. Provided | ||
however that this paragraph 3 shall apply only to
cases wherein | ||
the payments or benefits hereinabove enumerated shall be
| ||
received after July 1, 1969.
| ||
(Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05; | ||
94-695, eff. 11-16-05.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||