Public Act 097-0276
 
SB1147 EnrolledLRB097 04875 AEK 44914 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 11 as follows:
 



    (820 ILCS 305/11)  (from Ch. 48, par. 138.11)



    Sec. 11. The compensation herein provided, together with 
the
provisions of this Act, shall be the measure of the 
responsibility of
any employer engaged in any of the 
enterprises or businesses enumerated
in Section 3 of this Act, 
or of any employer who is not engaged in any
such enterprises 
or businesses, but who has elected to provide and pay

compensation for accidental injuries sustained by any employee 
arising
out of and in the course of the employment according to 
the provisions
of this Act, and whose election to continue 
under this Act, has not been
nullified by any action of his 
employees as provided for in this Act.

    Accidental injuries incurred while participating in 
voluntary recreational
programs including but not limited to 
athletic events, parties and picnics
do not arise out of and in 
the course of the employment even though the
employer pays some 
or all of the cost thereof.  This exclusion shall not apply
in 
the event that the injured employee was ordered or assigned by 
his employer
to participate in the program.

    Notwithstanding any other defense, accidental injuries 
incurred while the employee is engaged in the active commission 
of and as a proximate result of the active commission of (a) a 
forcible felony, (b) aggravated driving under the influence of 
alcohol, other drug or drugs, or intoxicating compound or 
compounds, or any combination thereof, or (c) reckless homicide 
and for which the employee was convicted do not arise out of 
and in the course of employment if the commission of that 
forcible felony, aggravated driving under the influence, or 
reckless homicide caused an accident resulting in the death or 
severe injury of another person.  If an employee is acquitted of 
a forcible felony, aggravated driving under the influence, or 
reckless homicide that caused an accident resulting in the 
death or severe injury of another person or if these charges 
are dismissed, there shall be no presumption that the employee 
is eligible for benefits under this Act. No employee shall be 
entitled to additional compensation under Sections 19(k) or 
19(l) of this Act or attorney's fees under Section 16 of this 
Act when the employee has been charged with a forcible felony, 
aggravated driving under the influence, or reckless homicide 
that caused an accident resulting in the death or severe injury 
of another person and the employer terminates benefits or 
refuses to pay benefits to the employee until the termination 
of any pending criminal proceedings. 
    Accidental injuries incurred while participating as a 
patient in a drug
or alcohol rehabilitation program do not 
arise out of and in the course
of employment even though the 
employer pays some or all of the costs thereof.
    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 this amendatory Act of 
the 93rd General Assembly is declarative of existing law and is 
not a new enactment.


(Source: P.A. 93-829, eff. 7-28-04.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.