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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0772 Introduced 2/4/2015, by Sen. Kyle McCarter SYNOPSIS AS INTRODUCED:
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820 ILCS 305/1 | from Ch. 48, par. 138.1 |
820 ILCS 305/8 | from Ch. 48, par. 138.8 |
820 ILCS 305/10 | from Ch. 48, par. 138.10 |
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Amends the Workers' Compensation Act. Adds definitions of "accident" and "injury". Provides that an injury is a condition that arises out of and in the course of employment, and adds provisions concerning establishment of an injury. Establishes the manner of computing compensation for partial disability, with a maximum cumulative compensation of 500 weeks. Provides that injuries to the shoulder and hip are deemed to be injuries to the arm and leg respectively. Provides for the computation of compensation when there are multiple employers and when there is less than full-time work.
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| 1 | | AN ACT concerning employment.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Workers' Compensation Act is amended by |
| 5 | | changing Sections 1, 8, and 10 as follows:
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| 6 | | (820 ILCS 305/1) (from Ch. 48, par. 138.1)
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| 7 | | Sec. 1. This Act may be cited as the Workers' Compensation |
| 8 | | Act.
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| 9 | | (a) The term "employer" as used in this Act means:
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| 10 | | 1. The State and each county, city, town, township, |
| 11 | | incorporated
village, school district, body politic, or |
| 12 | | municipal corporation
therein.
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| 13 | | 2. Every person, firm, public or private corporation, |
| 14 | | including
hospitals, public service, eleemosynary, religious |
| 15 | | or charitable
corporations or associations who has any person |
| 16 | | in service or under any
contract for hire, express or implied, |
| 17 | | oral or written, and who is
engaged in any of the enterprises |
| 18 | | or businesses enumerated in Section 3
of this Act, or who at or |
| 19 | | prior to the time of the accident to the
employee for which |
| 20 | | compensation under this Act may be claimed, has in
the manner |
| 21 | | provided in this Act elected to become subject to the
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| 22 | | provisions of this Act, and who has not, prior to such |
| 23 | | accident,
effected a withdrawal of such election in the manner |
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| 1 | | provided in this Act.
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| 2 | | 3. Any one engaging in any business or enterprise referred |
| 3 | | to in
subsections 1 and 2 of Section 3 of this Act who |
| 4 | | undertakes to do any
work enumerated therein, is liable to pay |
| 5 | | compensation to his own
immediate employees in accordance with |
| 6 | | the provisions of this Act, and
in addition thereto if he |
| 7 | | directly or indirectly engages any contractor
whether |
| 8 | | principal or sub-contractor to do any such work, he is liable |
| 9 | | to
pay compensation to the employees of any such contractor or
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| 10 | | sub-contractor unless such contractor or sub-contractor has |
| 11 | | insured, in
any company or association authorized under the |
| 12 | | laws of this State to
insure the liability to pay compensation |
| 13 | | under this Act, or guaranteed
his liability to pay such |
| 14 | | compensation. With respect to any time
limitation on the filing |
| 15 | | of claims provided by this Act, the timely
filing of a claim |
| 16 | | against a contractor or subcontractor, as the case may
be, |
| 17 | | shall be deemed to be a timely filing with respect to all |
| 18 | | persons
upon whom liability is imposed by this paragraph.
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| 19 | | In the event any such person pays compensation under this |
| 20 | | subsection
he may recover the amount thereof from the |
| 21 | | contractor or sub-contractor,
if any, and in the event the |
| 22 | | contractor pays compensation under this
subsection he may |
| 23 | | recover the amount thereof from the sub-contractor, if any.
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| 24 | | This subsection does not apply in any case where the |
| 25 | | accident occurs
elsewhere than on, in or about the immediate |
| 26 | | premises on which the
principal has contracted that the work be |
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| 1 | | done.
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| 2 | | 4. Where an employer operating under and subject to the |
| 3 | | provisions
of this Act loans an employee to another such |
| 4 | | employer and such loaned
employee sustains a compensable |
| 5 | | accidental injury in the employment of
such borrowing employer |
| 6 | | and where such borrowing employer does not
provide or pay the |
| 7 | | benefits or payments due such injured employee, such
loaning |
| 8 | | employer is liable to provide or pay all benefits or payments
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| 9 | | due such employee under this Act and as to such employee the |
| 10 | | liability
of such loaning and borrowing employers is joint and |
| 11 | | several, provided
that such loaning employer is in the absence |
| 12 | | of agreement to the
contrary entitled to receive from such |
| 13 | | borrowing employer full
reimbursement for all sums paid or |
| 14 | | incurred pursuant to this paragraph
together with reasonable |
| 15 | | attorneys' fees and expenses in any hearings
before the |
| 16 | | Illinois Workers' Compensation Commission or in any action to |
| 17 | | secure such
reimbursement. Where any benefit is provided or |
| 18 | | paid by such loaning
employer the employee has the duty of |
| 19 | | rendering reasonable cooperation
in any hearings, trials or |
| 20 | | proceedings in the case, including such
proceedings for |
| 21 | | reimbursement.
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| 22 | | Where an employee files an Application for Adjustment of |
| 23 | | Claim with
the Illinois Workers' Compensation
Commission |
| 24 | | alleging that his claim is covered by the
provisions of the |
| 25 | | preceding paragraph, and joining both the alleged
loaning and |
| 26 | | borrowing employers, they and each of them, upon written
demand |
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| 1 | | by the employee and within 7 days after receipt of such demand,
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| 2 | | shall have the duty of filing with the Illinois Workers' |
| 3 | | Compensation Commission a written
admission or denial of the |
| 4 | | allegation that the claim is covered by the
provisions of the |
| 5 | | preceding paragraph and in default of such filing or
if any |
| 6 | | such denial be ultimately determined not to have been bona fide
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| 7 | | then the provisions of Paragraph K of Section 19 of this Act |
| 8 | | shall apply.
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| 9 | | An employer whose business or enterprise or a substantial |
| 10 | | part
thereof consists of hiring, procuring or furnishing |
| 11 | | employees to or for
other employers operating under and subject |
| 12 | | to the provisions of this
Act for the performance of the work |
| 13 | | of such other employers and who pays
such employees their |
| 14 | | salary or wages notwithstanding that they are doing
the work of |
| 15 | | such other employers shall be deemed a loaning employer
within |
| 16 | | the meaning and provisions of this Section.
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| 17 | | (b) The term "employee" as used in this Act means:
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| 18 | | 1. Every person in the service of the State, including |
| 19 | | members of
the General Assembly, members of the Commerce |
| 20 | | Commission, members of the
Illinois Workers' Compensation |
| 21 | | Commission, and all persons in the service of the University
of |
| 22 | | Illinois, county, including deputy sheriffs and assistant |
| 23 | | state's
attorneys, city, town, township, incorporated village |
| 24 | | or school
district, body politic, or municipal corporation |
| 25 | | therein, whether by
election, under appointment or contract of |
| 26 | | hire, express or implied,
oral or written, including all |
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| 1 | | members of the Illinois National Guard
while on active duty in |
| 2 | | the service of the State, and all probation
personnel of the |
| 3 | | Juvenile Court appointed pursuant to Article VI
of the Juvenile |
| 4 | | Court Act of 1987, and including any official of the
State, any |
| 5 | | county, city, town, township, incorporated village, school
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| 6 | | district, body politic or municipal corporation therein except |
| 7 | | any duly
appointed member of a police department in any city |
| 8 | | whose
population exceeds 500,000 according to the last Federal |
| 9 | | or State
census, and except any member of a fire insurance |
| 10 | | patrol maintained by a
board of underwriters in this State. A |
| 11 | | duly appointed member of a fire
department in any city, the |
| 12 | | population of which exceeds 500,000 according
to the last |
| 13 | | federal or State census, is an employee under this Act only
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| 14 | | with respect to claims brought under paragraph (c) of Section |
| 15 | | 8.
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| 16 | | One employed by a contractor who has contracted with the |
| 17 | | State, or a
county, city, town, township, incorporated village, |
| 18 | | school district,
body politic or municipal corporation |
| 19 | | therein, through its
representatives, is not considered as an |
| 20 | | employee of the State, county,
city, town, township, |
| 21 | | incorporated village, school district, body
politic or |
| 22 | | municipal corporation which made the contract.
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| 23 | | 2. Every person in the service of another under any |
| 24 | | contract of
hire, express or implied, oral or written, |
| 25 | | including persons whose
employment is outside of the State of |
| 26 | | Illinois where the contract of
hire is made within the State of |
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| 1 | | Illinois, persons whose employment
results in fatal or |
| 2 | | non-fatal injuries within the State of Illinois
where the |
| 3 | | contract of hire is made outside of the State of Illinois, and
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| 4 | | persons whose employment is principally localized within the |
| 5 | | State of
Illinois, regardless of the place of the accident or |
| 6 | | the place where the
contract of hire was made, and including |
| 7 | | aliens, and minors who, for the
purpose of this Act are |
| 8 | | considered the same and have the same power to
contract, |
| 9 | | receive payments and give quittances therefor, as adult |
| 10 | | employees.
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| 11 | | 3. Every sole proprietor and every partner of a business |
| 12 | | may elect to
be covered by this Act.
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| 13 | | An employee or his dependents under this Act who shall have |
| 14 | | a cause
of action by reason of any injury, disablement or death |
| 15 | | arising out of
and in the course of his employment may elect to |
| 16 | | pursue his remedy in
the State where injured or disabled, or in |
| 17 | | the State where the contract
of hire is made, or in the State |
| 18 | | where the employment is principally
localized.
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| 19 | | However, any employer may elect to provide and pay |
| 20 | | compensation to
any employee other than those engaged in the |
| 21 | | usual course of the trade,
business, profession or occupation |
| 22 | | of the employer by complying with
Sections 2 and 4 of this Act. |
| 23 | | Employees are not included within the
provisions of this Act |
| 24 | | when excluded by the laws of the United States
relating to |
| 25 | | liability of employers to their employees for personal
injuries |
| 26 | | where such laws are held to be exclusive.
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| 1 | | The term "employee" does not include persons performing |
| 2 | | services as real
estate broker, broker-salesman, or salesman |
| 3 | | when such persons are paid by
commission only.
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| 4 | | (c) "Commission" means the Industrial Commission created |
| 5 | | by Section
5 of "The Civil Administrative Code of Illinois", |
| 6 | | approved March 7,
1917, as amended, or the Illinois Workers' |
| 7 | | Compensation Commission created by Section 13 of
this Act.
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| 8 | | (d) To obtain compensation under this Act, an employee |
| 9 | | bears the burden of showing, by a preponderance of the |
| 10 | | evidence, that he or she has sustained accidental injuries |
| 11 | | arising out of and in the course of the employment. |
| 12 | | (e) The term "accident" as used in this Act means an |
| 13 | | occurrence arising out of the employment resulting from a risk |
| 14 | | incidental to the employment and in the course of the |
| 15 | | employment at a time and place and under circumstances |
| 16 | | reasonably required by the employment. |
| 17 | | (f) The term "injury" as used in this Act means a condition |
| 18 | | or impairment that arises out of and in the course of |
| 19 | | employment. An injury, its occupational cause, and any |
| 20 | | resulting manifestations of disability must be established to a |
| 21 | | reasonable degree of medical certainty, based on objective |
| 22 | | relevant medical findings, and the accidental compensable |
| 23 | | injury must be the major contributing cause of any resulting |
| 24 | | injuries. For the purposes of this Section, "major contributing |
| 25 | | cause" means the cause which is more than 50% responsible for |
| 26 | | the injury as compared to all other causes combined for which |
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| 1 | | treatment or benefits are sought. "Injury" includes the |
| 2 | | aggravation of a pre-existing condition by an accident arising |
| 3 | | out of and in the course of the employment, but only for so |
| 4 | | long as the aggravation of the pre-existing condition continues |
| 5 | | to be the major contributing cause of the disability. |
| 6 | | (1) An injury is deemed to arise out of and in the |
| 7 | | course of the employment only if: |
| 8 | | (A) it is reasonably apparent, upon consideration |
| 9 | | of all circumstances, that the accident is the major |
| 10 | | contributing cause of the injury; and |
| 11 | | (B) it does not come from a hazard or risk |
| 12 | | unrelated to the employment to which employees would |
| 13 | | have been equally exposed outside of the employment. |
| 14 | | (2) An injury resulting directly or indirectly from |
| 15 | | idiopathic causes is not compensable. |
| 16 | | (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813, |
| 17 | | eff. 7-13-12.)
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| 18 | | (820 ILCS 305/8) (from Ch. 48, par. 138.8)
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| 19 | | Sec. 8. The amount of compensation which shall be paid to |
| 20 | | the
employee for an accidental injury not resulting in death |
| 21 | | is:
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| 22 | | (a) The employer shall provide and pay the negotiated rate, |
| 23 | | if applicable, or the lesser of the health care provider's |
| 24 | | actual charges or according to a fee schedule, subject to |
| 25 | | Section 8.2, in effect at the time the service was rendered for |
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| 1 | | all the necessary first
aid, medical and surgical services, and |
| 2 | | all necessary medical, surgical
and hospital services |
| 3 | | thereafter incurred, limited, however, to that
which is |
| 4 | | reasonably required to cure or relieve from the effects of the
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| 5 | | accidental injury, even if a health care provider sells, |
| 6 | | transfers, or otherwise assigns an account receivable for |
| 7 | | procedures, treatments, or services covered under this Act. If |
| 8 | | the employer does not dispute payment of first aid, medical, |
| 9 | | surgical,
and hospital services, the employer shall make such |
| 10 | | payment to the provider on behalf of the employee. The employer |
| 11 | | shall also pay for treatment,
instruction and training |
| 12 | | necessary for the physical, mental and
vocational |
| 13 | | rehabilitation of the employee, including all maintenance
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| 14 | | costs and expenses incidental thereto. If as a result of the |
| 15 | | injury the
employee is unable to be self-sufficient the |
| 16 | | employer shall further pay
for such maintenance or |
| 17 | | institutional care as shall be required.
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| 18 | | The employee may at any time elect to secure his own |
| 19 | | physician,
surgeon and hospital services at the employer's |
| 20 | | expense, or, |
| 21 | | Upon agreement between the employer and the employees, or |
| 22 | | the employees'
exclusive representative, and subject to the |
| 23 | | approval of the Illinois Workers' Compensation
Commission, the |
| 24 | | employer shall maintain a list of physicians, to be
known as a |
| 25 | | Panel of Physicians, who are accessible to the employees.
The |
| 26 | | employer shall post this list in a place or places easily |
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| 1 | | accessible
to his employees. The employee shall have the right |
| 2 | | to make an
alternative choice of physician from such Panel if |
| 3 | | he is not satisfied
with the physician first selected. If, due |
| 4 | | to the nature of the injury
or its occurrence away from the |
| 5 | | employer's place of business, the
employee is unable to make a |
| 6 | | selection from the Panel, the selection
process from the Panel |
| 7 | | shall not apply. The physician selected from the
Panel may |
| 8 | | arrange for any consultation, referral or other specialized
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| 9 | | medical services outside the Panel at the employer's expense. |
| 10 | | Provided
that, in the event the Commission shall find that a |
| 11 | | doctor selected by
the employee is rendering improper or |
| 12 | | inadequate care, the Commission
may order the employee to |
| 13 | | select another doctor certified or qualified
in the medical |
| 14 | | field for which treatment is required. If the employee
refuses |
| 15 | | to make such change the Commission may relieve the employer of
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| 16 | | his obligation to pay the doctor's charges from the date of |
| 17 | | refusal to
the date of compliance.
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| 18 | | Any vocational rehabilitation counselors who provide |
| 19 | | service under this Act shall have
appropriate certifications |
| 20 | | which designate the counselor as qualified to render
opinions |
| 21 | | relating to vocational rehabilitation. Vocational |
| 22 | | rehabilitation
may include, but is not limited to, counseling |
| 23 | | for job searches, supervising
a job search program, and |
| 24 | | vocational retraining including education at an
accredited |
| 25 | | learning institution. The employee or employer may petition to |
| 26 | | the Commission to decide disputes relating to vocational |
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| 1 | | rehabilitation and the Commission shall resolve any such |
| 2 | | dispute, including payment of the vocational rehabilitation |
| 3 | | program by the employer. |
| 4 | | The maintenance benefit shall not be less than the |
| 5 | | temporary total disability
rate determined for the employee. In |
| 6 | | addition, maintenance shall include costs
and expenses |
| 7 | | incidental to the vocational rehabilitation program. |
| 8 | | When the employee is working light duty on a part-time |
| 9 | | basis or full-time
basis
and earns less than he or she would be |
| 10 | | earning if employed in the full capacity
of the job or jobs, |
| 11 | | then the employee shall be entitled to temporary partial |
| 12 | | disability benefits. Temporary partial disability benefits |
| 13 | | shall be
equal to two-thirds of
the difference between the |
| 14 | | average amount that the employee would be able to
earn in the |
| 15 | | full performance of his or her duties in the occupation in |
| 16 | | which he
or she was engaged at the time of accident and the |
| 17 | | gross amount which he or she
is
earning in the modified job |
| 18 | | provided to the employee by the employer or in any other job |
| 19 | | that the employee is working. |
| 20 | | Every hospital, physician, surgeon or other person |
| 21 | | rendering
treatment or services in accordance with the |
| 22 | | provisions of this Section
shall upon written request furnish |
| 23 | | full and complete reports thereof to,
and permit their records |
| 24 | | to be copied by, the employer, the employee or
his dependents, |
| 25 | | as the case may be, or any other party to any proceeding
for |
| 26 | | compensation before the Commission, or their attorneys.
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| 1 | | Notwithstanding the foregoing, the employer's liability to |
| 2 | | pay for such
medical services selected by the employee shall be |
| 3 | | limited to:
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| 4 | | (1) all first aid and emergency treatment; plus
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| 5 | | (2) all medical, surgical and hospital services |
| 6 | | provided by the
physician, surgeon or hospital initially |
| 7 | | chosen by the employee or by any
other physician, |
| 8 | | consultant, expert, institution or other provider of
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| 9 | | services recommended by said initial service provider or |
| 10 | | any subsequent
provider of medical services in the chain of |
| 11 | | referrals from said
initial service provider; plus
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(3) all medical, surgical and hospital services |
| 13 | | provided by any second
physician, surgeon or hospital |
| 14 | | subsequently chosen by the employee or by
any other |
| 15 | | physician, consultant, expert, institution or other |
| 16 | | provider of
services recommended by said second service |
| 17 | | provider or any subsequent provider
of medical services in |
| 18 | | the chain of referrals
from said second service provider. |
| 19 | | Thereafter the employer shall select
and pay for all |
| 20 | | necessary medical, surgical and hospital treatment and the
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| 21 | | employee may not select a provider of medical services at |
| 22 | | the employer's
expense unless the employer agrees to such |
| 23 | | selection. At any time the employee
may obtain any medical |
| 24 | | treatment he desires at his own expense. This paragraph
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| 25 | | shall not affect the duty to pay for rehabilitation |
| 26 | | referred to above.
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| 1 | | (4) The following shall apply for injuries occurring on |
| 2 | | or after June 28, 2011 (the effective date of Public Act |
| 3 | | 97-18) and only when an employer has an approved preferred |
| 4 | | provider program pursuant to Section 8.1a on the date the |
| 5 | | employee sustained his or her accidental injuries: |
| 6 | | (A) The employer shall, in writing, on a form |
| 7 | | promulgated by the Commission, inform the employee of |
| 8 | | the preferred provider program; |
| 9 | | (B) Subsequent to the report of an injury by an |
| 10 | | employee, the employee may choose in writing at any |
| 11 | | time to decline the preferred provider program, in |
| 12 | | which case that would constitute one of the two choices |
| 13 | | of medical providers to which the employee is entitled |
| 14 | | under subsection (a)(2) or (a)(3); and |
| 15 | | (C) Prior to the report of an injury by an |
| 16 | | employee, when an employee chooses non-emergency |
| 17 | | treatment from a provider not within the preferred |
| 18 | | provider program, that would constitute the employee's |
| 19 | | one choice of medical providers to which the employee |
| 20 | | is entitled under subsection (a)(2) or (a)(3). |
| 21 | | When an employer and employee so agree in writing, nothing |
| 22 | | in this
Act prevents an employee whose injury or disability has |
| 23 | | been established
under this Act, from relying in good faith, on |
| 24 | | treatment by prayer or
spiritual means alone, in accordance |
| 25 | | with the tenets and practice of a
recognized church or |
| 26 | | religious denomination, by a duly accredited
practitioner |
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| 1 | | thereof, and having nursing services appropriate therewith,
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| 2 | | without suffering loss or diminution of the compensation |
| 3 | | benefits under
this Act. However, the employee shall submit to |
| 4 | | all physical
examinations required by this Act. The cost of |
| 5 | | such treatment and
nursing care shall be paid by the employee |
| 6 | | unless the employer agrees to
make such payment.
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| 7 | | Where the accidental injury results in the amputation of an |
| 8 | | arm,
hand, leg or foot, or the enucleation of an eye, or the |
| 9 | | loss of any of
the natural teeth, the employer shall furnish an |
| 10 | | artificial of any such
members lost or damaged in accidental |
| 11 | | injury arising out of and in the
course of employment, and |
| 12 | | shall also furnish the necessary braces in all
proper and |
| 13 | | necessary cases. In cases of the loss of a member or members
by |
| 14 | | amputation, the employer shall, whenever necessary, maintain |
| 15 | | in good
repair, refit or replace the artificial limbs during |
| 16 | | the lifetime of the
employee. Where the accidental injury |
| 17 | | accompanied by physical injury
results in damage to a denture, |
| 18 | | eye glasses or contact eye lenses, or
where the accidental |
| 19 | | injury results in damage to an artificial member,
the employer |
| 20 | | shall replace or repair such denture, glasses, lenses, or
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| 21 | | artificial member.
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| 22 | | The furnishing by the employer of any such services or |
| 23 | | appliances is
not an admission of liability on the part of the |
| 24 | | employer to pay
compensation.
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| 25 | | The furnishing of any such services or appliances or the |
| 26 | | servicing
thereof by the employer is not the payment of |
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| 1 | | compensation.
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| 2 | | (b) If the period of temporary total incapacity for work |
| 3 | | lasts more
than 3 working days, weekly compensation as |
| 4 | | hereinafter provided shall
be paid beginning on the 4th day of |
| 5 | | such temporary total incapacity and
continuing as long as the |
| 6 | | total temporary incapacity lasts. In cases
where the temporary |
| 7 | | total incapacity for work continues for a period of
14 days or |
| 8 | | more from the day of the accident compensation shall commence
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| 9 | | on the day after the accident.
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| 10 | | 1. The compensation rate for temporary total |
| 11 | | incapacity under this
paragraph (b) of this Section shall |
| 12 | | be equal to 66 2/3% of the
employee's average weekly wage |
| 13 | | computed in accordance with Section 10,
provided that it |
| 14 | | shall be not less than 66 2/3% of the sum of the Federal |
| 15 | | minimum wage under the Fair Labor
Standards Act, or the |
| 16 | | Illinois minimum wage under the Minimum Wage Law,
whichever |
| 17 | | is more, multiplied by 40 hours. This percentage rate shall |
| 18 | | be
increased by 10% for each spouse and child, not to |
| 19 | | exceed 100% of the total
minimum wage calculation,
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| 20 | | nor exceed the employee's average weekly wage computed in |
| 21 | | accordance
with the provisions of Section 10, whichever is |
| 22 | | less.
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| 23 | | 2. The compensation rate in all cases other than for |
| 24 | | temporary total
disability under this paragraph (b), and |
| 25 | | other than for serious and
permanent disfigurement under |
| 26 | | paragraph (c) and other than for permanent
partial |
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| 1 | | disability under subparagraph (2) of paragraph (d) or under
|
| 2 | | paragraph (e), of this Section shall be equal to 66
2/3% of |
| 3 | | the employee's average weekly wage computed in accordance |
| 4 | | with
the provisions of Section 10, provided that it shall |
| 5 | | be not less than
66 2/3% of the sum of the Federal minimum |
| 6 | | wage under the Fair Labor Standards Act, or the Illinois |
| 7 | | minimum wage under the Minimum Wage Law, whichever is more, |
| 8 | | multiplied by 40 hours. This percentage rate shall be |
| 9 | | increased by 10% for each spouse and child, not to exceed |
| 10 | | 100% of the total minimum wage calculation,
|
| 11 | | nor exceed the employee's average weekly wage computed in |
| 12 | | accordance
with the provisions of Section 10, whichever is |
| 13 | | less.
|
| 14 | | 2.1. The compensation rate in all cases of serious and |
| 15 | | permanent
disfigurement under paragraph (c) and of |
| 16 | | permanent partial disability
under subparagraph (2) of |
| 17 | | paragraph (d) or under paragraph (e) of this
Section shall |
| 18 | | be equal to
60% of the employee's average
weekly wage |
| 19 | | computed in accordance with
the provisions of Section 10, |
| 20 | | provided that it shall be not less than
66 2/3% of the sum |
| 21 | | of the Federal minimum wage under the Fair Labor Standards |
| 22 | | Act, or the Illinois minimum wage under the Minimum Wage |
| 23 | | Law, whichever is more, multiplied by 40 hours. This |
| 24 | | percentage rate shall be increased by 10% for each spouse |
| 25 | | and child, not to exceed 100% of the total minimum wage |
| 26 | | calculation,
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| 1 | | nor exceed the employee's average weekly wage computed in |
| 2 | | accordance
with the provisions of Section 10, whichever is |
| 3 | | less.
|
| 4 | | 3. As used in this Section the term "child" means a |
| 5 | | child of the
employee including any child legally adopted |
| 6 | | before the accident or whom
at the time of the accident the |
| 7 | | employee was under legal obligation to
support or to whom |
| 8 | | the employee stood in loco parentis, and who at the
time of |
| 9 | | the accident was under 18 years of age and not emancipated. |
| 10 | | The
term "children" means the plural of "child".
|
| 11 | | 4. All weekly compensation rates provided under |
| 12 | | subparagraphs 1,
2 and 2.1 of this paragraph (b) of this |
| 13 | | Section shall be subject to the
following limitations:
|
| 14 | | The maximum weekly compensation rate from July 1, 1975, |
| 15 | | except as
hereinafter provided, shall be 100% of the |
| 16 | | State's average weekly wage in
covered industries under the |
| 17 | | Unemployment Insurance Act, that being the
wage that most |
| 18 | | closely approximates the State's average weekly wage.
|
| 19 | | The maximum weekly compensation rate, for the period |
| 20 | | July 1, 1984,
through June 30, 1987, except as hereinafter |
| 21 | | provided, shall be $293.61.
Effective July 1, 1987 and on |
| 22 | | July 1 of each year thereafter the maximum
weekly |
| 23 | | compensation rate, except as hereinafter provided, shall |
| 24 | | be
determined as follows: if during the preceding 12 month |
| 25 | | period there shall
have been an increase in the State's |
| 26 | | average weekly wage in covered
industries under the |
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| 1 | | Unemployment Insurance Act, the weekly compensation
rate |
| 2 | | shall be proportionately increased by the same percentage |
| 3 | | as the
percentage of increase in the State's average weekly |
| 4 | | wage in covered
industries under the Unemployment |
| 5 | | Insurance Act during such period.
|
| 6 | | The maximum weekly compensation rate, for the period |
| 7 | | January 1, 1981
through December 31, 1983, except as |
| 8 | | hereinafter provided, shall be 100% of
the State's average |
| 9 | | weekly wage in covered industries under the
Unemployment |
| 10 | | Insurance Act in effect on January 1, 1981. Effective |
| 11 | | January
1, 1984 and on January 1, of each year thereafter |
| 12 | | the maximum weekly
compensation rate, except as |
| 13 | | hereinafter provided, shall be determined as
follows: if |
| 14 | | during the preceding 12 month period there shall have been |
| 15 | | an
increase in the State's average weekly wage in covered |
| 16 | | industries under the
Unemployment Insurance Act, the |
| 17 | | weekly compensation rate shall be
proportionately |
| 18 | | increased by the same percentage as the percentage of
|
| 19 | | increase in the State's average weekly wage in covered |
| 20 | | industries under the
Unemployment Insurance Act during |
| 21 | | such period.
|
| 22 | | From July 1, 1977 and thereafter such maximum weekly |
| 23 | | compensation
rate in death cases under Section 7, and |
| 24 | | permanent total disability
cases under paragraph (f) or |
| 25 | | subparagraph 18 of paragraph (3) of this
Section and for |
| 26 | | temporary total disability under paragraph (b) of this
|
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| 1 | | Section and for amputation of a member or enucleation of an |
| 2 | | eye under
paragraph (e) of this Section shall be increased |
| 3 | | to 133-1/3% of the
State's average weekly wage in covered |
| 4 | | industries under the
Unemployment Insurance Act.
|
| 5 | | For injuries occurring on or after February 1, 2006, |
| 6 | | the maximum weekly benefit under paragraph (d)1 of this |
| 7 | | Section shall be 100% of the State's average weekly wage in |
| 8 | | covered industries under the Unemployment Insurance Act.
|
| 9 | | 4.1. Any provision herein to the contrary |
| 10 | | notwithstanding, the
weekly compensation rate for |
| 11 | | compensation payments under subparagraph 18
of paragraph |
| 12 | | (e) of this Section and under paragraph (f) of this
Section |
| 13 | | and under paragraph (a) of Section 7 and for amputation of |
| 14 | | a member or enucleation of an eye under paragraph (e) of |
| 15 | | this Section, shall in no event be less
than 50% of the |
| 16 | | State's average weekly wage in covered industries under
the |
| 17 | | Unemployment Insurance Act.
|
| 18 | | 4.2. Any provision to the contrary notwithstanding, |
| 19 | | the total
compensation payable under Section 7 shall not |
| 20 | | exceed the greater of $500,000
or 25
years.
|
| 21 | | 5. For the purpose of this Section this State's average |
| 22 | | weekly wage
in covered industries under the Unemployment |
| 23 | | Insurance Act on
July 1, 1975 is hereby fixed at $228.16 |
| 24 | | per
week and the computation of compensation rates shall be |
| 25 | | based on the
aforesaid average weekly wage until modified |
| 26 | | as hereinafter provided.
|
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| 1 | | 6. The Department of Employment Security of the State |
| 2 | | shall
on or before the first day of December, 1977, and on |
| 3 | | or before the first
day of June, 1978, and on the first day |
| 4 | | of each December and June of each
year thereafter, publish |
| 5 | | the State's average weekly wage in covered
industries under |
| 6 | | the Unemployment Insurance Act and the Illinois Workers' |
| 7 | | Compensation
Commission shall on the 15th day of January, |
| 8 | | 1978 and on the 15th day of
July, 1978 and on the 15th day |
| 9 | | of each January and July of each year
thereafter, post and |
| 10 | | publish the State's average weekly wage in covered
|
| 11 | | industries under the Unemployment Insurance Act as last |
| 12 | | determined and
published by the Department of Employment |
| 13 | | Security. The amount when so
posted and published shall be |
| 14 | | conclusive and shall be applicable as the
basis of |
| 15 | | computation of compensation rates until the next posting |
| 16 | | and
publication as aforesaid.
|
| 17 | | 7. The payment of compensation by an employer or his |
| 18 | | insurance
carrier to an injured employee shall not |
| 19 | | constitute an admission of the
employer's liability to pay |
| 20 | | compensation.
|
| 21 | | (c) For any serious and permanent disfigurement to the |
| 22 | | hand, head,
face, neck, arm, leg below the knee or the chest |
| 23 | | above the axillary
line, the employee is entitled to |
| 24 | | compensation for such disfigurement,
the amount determined by |
| 25 | | agreement at any time or by arbitration under
this Act, at a |
| 26 | | hearing not less than 6 months after the date of the
accidental |
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| 1 | | injury, which amount shall not exceed 150 weeks (if the |
| 2 | | accidental injury occurs on or after the effective date of this |
| 3 | | amendatory Act of the 94th General Assembly
but before February
|
| 4 | | 1, 2006) or 162
weeks (if the accidental injury occurs on or |
| 5 | | after February
1, 2006) at the
applicable rate provided in |
| 6 | | subparagraph 2.1 of paragraph (b) of this Section.
|
| 7 | | No compensation is payable under this paragraph where |
| 8 | | compensation is
payable under paragraphs (d), (e) or (f) of |
| 9 | | this Section.
|
| 10 | | A duly appointed member of a fire department in a city, the |
| 11 | | population of
which exceeds 500,000 according to the last |
| 12 | | federal or State census, is
eligible for compensation under |
| 13 | | this paragraph only where such serious and
permanent |
| 14 | | disfigurement results from burns.
|
| 15 | | (d) 1. If, after the accidental injury has been sustained, |
| 16 | | the
employee as a result thereof becomes partially |
| 17 | | incapacitated from
pursuing his usual and customary line of |
| 18 | | employment, he shall, except in
cases compensated under the |
| 19 | | specific schedule set forth in paragraph (e)
of this Section, |
| 20 | | receive compensation for the duration of his
disability, |
| 21 | | subject to the limitations as to maximum amounts fixed in
|
| 22 | | paragraph (b) of this Section, equal to 66-2/3% of the |
| 23 | | difference
between the average amount which he would be able to |
| 24 | | earn in the full
performance of his duties in the occupation in |
| 25 | | which he was engaged at
the time of the accident and the |
| 26 | | average amount which he is earning or
is able to earn in some |
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| 1 | | suitable employment or business after the accident. For |
| 2 | | accidental injuries that occur on or after September 1, 2011, |
| 3 | | an award for wage differential under this subsection shall be |
| 4 | | effective only until the employee reaches the age of 67 or 5 |
| 5 | | years from the date the award becomes final, whichever is |
| 6 | | later.
|
| 7 | | 2. If, as a result of the accident, the employee sustains |
| 8 | | serious
and permanent injuries not covered by paragraphs (c) |
| 9 | | and (e) of this
Section or having sustained injuries covered by |
| 10 | | the aforesaid
paragraphs (c) and (e), he shall have sustained |
| 11 | | in addition thereto
other injuries which injuries do not |
| 12 | | incapacitate him from pursuing the
duties of his employment but |
| 13 | | which would disable him from pursuing other
suitable |
| 14 | | occupations, or which have otherwise resulted in physical
|
| 15 | | impairment; or if such injuries partially incapacitate him from |
| 16 | | pursuing
the duties of his usual and customary line of |
| 17 | | employment but do not
result in an impairment of earning |
| 18 | | capacity, or having resulted in an
impairment of earning |
| 19 | | capacity, the employee elects to waive his right
to recover |
| 20 | | under the foregoing subparagraph 1 of paragraph (d) of this
|
| 21 | | Section then in any of the foregoing events, he shall receive |
| 22 | | in
addition to compensation for temporary total disability |
| 23 | | under paragraph
(b) of this Section, compensation at the rate |
| 24 | | provided in subparagraph 2.1
of paragraph (b) of this Section |
| 25 | | for that percentage of 500 weeks that
the partial disability |
| 26 | | resulting from the injuries covered by this
paragraph bears to |
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| 1 | | total disability. |
| 2 | | In computing the compensation to be paid to any employee |
| 3 | | who, before the accident for which he or she claims |
| 4 | | compensation, had previously sustained an injury resulting in |
| 5 | | the payment of compensation for a percentage of partial |
| 6 | | disability under this subparagraph 2, such percentage of |
| 7 | | partial disability shall be deducted from any award made under |
| 8 | | this subparagraph 2 for a subsequent injury to the same portion |
| 9 | | of the body as was involved in the prior injury for which |
| 10 | | compensation was paid; provided, however, nothing herein |
| 11 | | contained shall permit cumulative awards for compensation for |
| 12 | | partial disability under this subparagraph 2 to exceed 500 |
| 13 | | weeks, which shall constitute complete loss of use of the body |
| 14 | | as a whole. |
| 15 | | If, as a result of the accident, the employee shall have
|
| 16 | | sustained a fracture of one or more vertebra or fracture of the |
| 17 | | skull,
the amount of compensation allowed under this Section |
| 18 | | shall be not less
than 6 weeks for a fractured skull and 6 |
| 19 | | weeks for each fractured
vertebra, and in the event the |
| 20 | | employee shall have sustained a fracture
of any of the |
| 21 | | following facial bones: nasal, lachrymal, vomer, zygoma,
|
| 22 | | maxilla, palatine or mandible, the amount of compensation |
| 23 | | allowed under
this Section shall be not less than 2 weeks for |
| 24 | | each such fractured
bone, and for a fracture of each transverse |
| 25 | | process not less than 3
weeks. In the event such injuries shall |
| 26 | | result in the loss of a kidney,
spleen or lung, the amount of |
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| 1 | | compensation allowed under this Section
shall be not less than |
| 2 | | 10 weeks for each such organ. Compensation
awarded under this |
| 3 | | subparagraph 2 shall not take into consideration
injuries |
| 4 | | covered under paragraphs (c) and (e) of this Section and the
|
| 5 | | compensation provided in this paragraph shall not affect the |
| 6 | | employee's
right to compensation payable under paragraphs (b), |
| 7 | | (c) and (e) of this
Section for the disabilities therein |
| 8 | | covered.
|
| 9 | | (e) For accidental injuries in the following schedule, the |
| 10 | | employee
shall receive compensation for the period of temporary |
| 11 | | total incapacity
for work resulting from such accidental |
| 12 | | injury, under subparagraph 1 of
paragraph (b) of this Section, |
| 13 | | and shall receive in addition thereto
compensation for a |
| 14 | | further period for the specific loss herein
mentioned, but |
| 15 | | shall not receive any compensation under any other
provisions |
| 16 | | of this Act. The following listed amounts apply to either
the |
| 17 | | loss of or the permanent and complete loss of use of the member
|
| 18 | | specified, such compensation for the length of time as follows:
|
| 19 | | 1. Thumb- |
| 20 | | 70 weeks if the accidental injury occurs on or |
| 21 | | after the effective date of this amendatory Act of the |
| 22 | | 94th General Assembly
but before February
1, 2006.
|
| 23 | | 76
weeks if the accidental injury occurs on or |
| 24 | | after February
1, 2006.
|
| 25 | | 2. First, or index finger- |
| 26 | | 40 weeks if the accidental injury occurs on or |
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| 1 | | after the effective date of this amendatory Act of the |
| 2 | | 94th General Assembly
but before February
1, 2006.
|
| 3 | | 43
weeks if the accidental injury occurs on or |
| 4 | | after February
1, 2006.
|
| 5 | | 3. Second, or middle finger- |
| 6 | | 35 weeks if the accidental injury occurs on or |
| 7 | | after the effective date of this amendatory Act of the |
| 8 | | 94th General Assembly
but before February
1, 2006.
|
| 9 | | 38
weeks if the accidental injury occurs on or |
| 10 | | after February
1, 2006.
|
| 11 | | 4. Third, or ring finger- |
| 12 | | 25 weeks if the accidental injury occurs on or |
| 13 | | after the effective date of this amendatory Act of the |
| 14 | | 94th General Assembly
but before February
1, 2006.
|
| 15 | | 27
weeks if the accidental injury occurs on or |
| 16 | | after February
1, 2006.
|
| 17 | | 5. Fourth, or little finger- |
| 18 | | 20 weeks if the accidental injury occurs on or |
| 19 | | after the effective date of this amendatory Act of the |
| 20 | | 94th General Assembly
but before February
1, 2006.
|
| 21 | | 22
weeks if the accidental injury occurs on or |
| 22 | | after February
1, 2006.
|
| 23 | | 6. Great toe- |
| 24 | | 35 weeks if the accidental injury occurs on or |
| 25 | | after the effective date of this amendatory Act of the |
| 26 | | 94th General Assembly
but before February
1, 2006.
|
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| 1 | | 38
weeks if the accidental injury occurs on or |
| 2 | | after February
1, 2006.
|
| 3 | | 7. Each toe other than great toe- |
| 4 | | 12 weeks if the accidental injury occurs on or |
| 5 | | after the effective date of this amendatory Act of the |
| 6 | | 94th General Assembly
but before February
1, 2006.
|
| 7 | | 13
weeks if the accidental injury occurs on or |
| 8 | | after February
1, 2006.
|
| 9 | | 8. The loss of the first or distal phalanx of the thumb |
| 10 | | or of any
finger or toe shall be considered to be equal to |
| 11 | | the loss of one-half of
such thumb, finger or toe and the |
| 12 | | compensation payable shall be one-half
of the amount above |
| 13 | | specified. The loss of more than one phalanx shall
be |
| 14 | | considered as the loss of the entire thumb, finger or toe. |
| 15 | | In no
case shall the amount received for more than one |
| 16 | | finger exceed the
amount provided in this schedule for the |
| 17 | | loss of a hand.
|
| 18 | | 9. Hand- |
| 19 | | 190 weeks if the accidental injury occurs on or |
| 20 | | after the effective date of this amendatory Act of the |
| 21 | | 94th General Assembly
but before February
1, 2006.
|
| 22 | | 205
weeks if the accidental injury occurs on or |
| 23 | | after February
1, 2006. |
| 24 | | 190 weeks if the accidental injury occurs on or |
| 25 | | after June 28, 2011 (the effective date of Public Act |
| 26 | | 97-18) and if the accidental injury involves carpal |
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| 1 | | tunnel syndrome due to repetitive or cumulative |
| 2 | | trauma, in which case the permanent partial disability |
| 3 | | shall not exceed 15% loss of use of the hand, except |
| 4 | | for cause shown by clear and convincing evidence and in |
| 5 | | which case the award shall not exceed 30% loss of use |
| 6 | | of the hand. |
| 7 | | The loss of 2 or more digits, or one or more
phalanges |
| 8 | | of 2 or more digits, of a hand may be compensated on the |
| 9 | | basis
of partial loss of use of a hand, provided, further, |
| 10 | | that the loss of 4
digits, or the loss of use of 4 digits, |
| 11 | | in the same hand shall
constitute the complete loss of a |
| 12 | | hand.
|
| 13 | | 10. Arm- |
| 14 | | 235 weeks if the accidental injury occurs on or |
| 15 | | after the effective date of this amendatory Act of the |
| 16 | | 94th General Assembly
but before February
1, 2006.
|
| 17 | | 253
weeks if the accidental injury occurs on or |
| 18 | | after February
1, 2006. |
| 19 | | Where an accidental injury results in the
amputation of |
| 20 | | an arm below the elbow, such injury shall be compensated
as |
| 21 | | a loss of an arm. Where an accidental injury results in the
|
| 22 | | amputation of an arm above the elbow, compensation for an |
| 23 | | additional 15 weeks (if the accidental injury occurs on or |
| 24 | | after the effective date of this amendatory Act of the 94th |
| 25 | | General Assembly
but before February
1, 2006) or an |
| 26 | | additional 17
weeks (if the accidental injury occurs on or |
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| 1 | | after February
1, 2006) shall be paid, except where the |
| 2 | | accidental injury results in the
amputation of an arm at |
| 3 | | the shoulder joint, or so close to shoulder
joint that an |
| 4 | | artificial arm cannot be used, or results in the
|
| 5 | | disarticulation of an arm at the shoulder joint, in which |
| 6 | | case
compensation for an additional 65 weeks (if the |
| 7 | | accidental injury occurs on or after the effective date of |
| 8 | | this amendatory Act of the 94th General Assembly
but before |
| 9 | | February
1, 2006) or an additional 70
weeks (if the |
| 10 | | accidental injury occurs on or after February
1, 2006)
|
| 11 | | shall be paid. For purposes of awards under this |
| 12 | | subdivision (e), injuries to the shoulder shall be |
| 13 | | considered to be injuries to part of the arm. This |
| 14 | | amendatory Act of the 99th General Assembly is declarative |
| 15 | | of existing law and is not a new enactment.
|
| 16 | | 11. Foot- |
| 17 | | 155 weeks if the accidental injury occurs on or |
| 18 | | after the effective date of this amendatory Act of the |
| 19 | | 94th General Assembly
but before February
1, 2006.
|
| 20 | | 167
weeks if the accidental injury occurs on or |
| 21 | | after February
1, 2006.
|
| 22 | | 12. Leg- |
| 23 | | 200 weeks if the accidental injury occurs on or |
| 24 | | after the effective date of this amendatory Act of the |
| 25 | | 94th General Assembly
but before February
1, 2006.
|
| 26 | | 215
weeks if the accidental injury occurs on or |
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| 1 | | after February
1, 2006. |
| 2 | | Where an accidental injury results in the
amputation of |
| 3 | | a leg below the knee, such injury shall be compensated as
|
| 4 | | loss of a leg. Where an accidental injury results in the |
| 5 | | amputation of a
leg above the knee, compensation for an |
| 6 | | additional 25 weeks (if the accidental injury occurs on or |
| 7 | | after the effective date of this amendatory Act of the 94th |
| 8 | | General Assembly
but before February
1, 2006) or an |
| 9 | | additional 27
weeks (if the accidental injury occurs on or |
| 10 | | after February
1, 2006) shall be
paid, except where the |
| 11 | | accidental injury results in the amputation of a
leg at the |
| 12 | | hip joint, or so close to the hip joint that an artificial
|
| 13 | | leg cannot be used, or results in the disarticulation of a |
| 14 | | leg at the
hip joint, in which case compensation for an |
| 15 | | additional 75 weeks (if the accidental injury occurs on or |
| 16 | | after the effective date of this amendatory Act of the 94th |
| 17 | | General Assembly
but before February
1, 2006) or an |
| 18 | | additional 81
weeks (if the accidental injury occurs on or |
| 19 | | after February
1, 2006) shall
be paid.
|
| 20 | | For purposes of awards under this subdivision (e), injuries |
| 21 | | to the hip shall be considered to be injuries to part of the |
| 22 | | leg. This amendatory Act of the 99th General Assembly is |
| 23 | | declarative of existing law and is not a new enactment.
|
| 24 | | 13. Eye- |
| 25 | | 150 weeks if the accidental injury occurs on or |
| 26 | | after the effective date of this amendatory Act of the |
|
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|
| 1 | | 94th General Assembly
but before February
1, 2006.
|
| 2 | | 162
weeks if the accidental injury occurs on or |
| 3 | | after February
1, 2006. |
| 4 | | Where an accidental injury results in the
enucleation |
| 5 | | of an eye, compensation for an additional 10 weeks (if the |
| 6 | | accidental injury occurs on or after the effective date of |
| 7 | | this amendatory Act of the 94th General Assembly
but before |
| 8 | | February
1, 2006) or an additional 11
weeks (if the |
| 9 | | accidental injury occurs on or after February
1, 2006)
|
| 10 | | shall be
paid.
|
| 11 | | 14. Loss of hearing of one ear- |
| 12 | | 50 weeks if the accidental injury occurs on or |
| 13 | | after the effective date of this amendatory Act of the |
| 14 | | 94th General Assembly
but before February
1, 2006.
|
| 15 | | 54
weeks if the accidental injury occurs on or |
| 16 | | after February
1, 2006.
|
| 17 | | Total and permanent loss of
hearing of both ears- |
| 18 | | 200 weeks if the accidental injury occurs on or |
| 19 | | after the effective date of this amendatory Act of the |
| 20 | | 94th General Assembly
but before February
1, 2006. |
| 21 | | 215
weeks if the accidental injury occurs on or |
| 22 | | after February
1, 2006.
|
| 23 | | 15. Testicle- |
| 24 | | 50 weeks if the accidental injury occurs on or |
| 25 | | after the effective date of this amendatory Act of the |
| 26 | | 94th General Assembly
but before February
1, 2006.
|
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| 1 | | 54
weeks if the accidental injury occurs on or |
| 2 | | after February
1, 2006.
|
| 3 | | Both testicles- |
| 4 | | 150 weeks if the accidental injury occurs on or |
| 5 | | after the effective date of this amendatory Act of the |
| 6 | | 94th General Assembly
but before February
1, 2006.
|
| 7 | | 162
weeks if the accidental injury occurs on or |
| 8 | | after February
1, 2006.
|
| 9 | | 16. For the permanent partial loss of use of a member |
| 10 | | or sight of an
eye, or hearing of an ear, compensation |
| 11 | | during that proportion of the
number of weeks in the |
| 12 | | foregoing schedule provided for the loss of such
member or |
| 13 | | sight of an eye, or hearing of an ear, which the partial |
| 14 | | loss
of use thereof bears to the total loss of use of such |
| 15 | | member, or sight
of eye, or hearing of an ear.
|
| 16 | | (a) Loss of hearing for compensation purposes |
| 17 | | shall be
confined to the frequencies of 1,000, 2,000 |
| 18 | | and 3,000 cycles per second.
Loss of hearing ability |
| 19 | | for frequency tones above 3,000 cycles per second
are |
| 20 | | not to be considered as constituting disability for |
| 21 | | hearing.
|
| 22 | | (b) The percent of hearing loss, for purposes of |
| 23 | | the
determination of compensation claims for |
| 24 | | occupational deafness,
shall be calculated as the |
| 25 | | average in decibels for the thresholds
of hearing for |
| 26 | | the frequencies of 1,000, 2,000 and 3,000 cycles per |
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| 1 | | second.
Pure tone air conduction audiometric |
| 2 | | instruments, approved by
nationally recognized |
| 3 | | authorities in this field, shall be used for measuring
|
| 4 | | hearing loss. If the losses of hearing average 30 |
| 5 | | decibels or less in the
3 frequencies, such losses of |
| 6 | | hearing shall not then constitute any
compensable |
| 7 | | hearing disability. If the losses of hearing average 85
|
| 8 | | decibels or more in the 3 frequencies, then the same |
| 9 | | shall constitute and
be total or 100% compensable |
| 10 | | hearing loss.
|
| 11 | | (c) In measuring hearing impairment, the lowest |
| 12 | | measured
losses in each of the 3 frequencies shall be |
| 13 | | added together and
divided by 3 to determine the |
| 14 | | average decibel loss. For every decibel
of loss |
| 15 | | exceeding 30 decibels an allowance of 1.82% shall be |
| 16 | | made up to
the maximum of 100% which is reached at 85 |
| 17 | | decibels.
|
| 18 | | (d) If a hearing loss is established to have |
| 19 | | existed on July 1, 1975 by
audiometric testing the |
| 20 | | employer shall not be liable for the previous loss
so |
| 21 | | established nor shall he be liable for any loss for |
| 22 | | which compensation
has been paid or awarded.
|
| 23 | | (e) No consideration shall be given to the question |
| 24 | | of
whether or not the ability of an employee to |
| 25 | | understand speech
is improved by the use of a hearing |
| 26 | | aid.
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| 1 | | (f) No claim for loss of hearing due to industrial |
| 2 | | noise
shall be brought against an employer or allowed |
| 3 | | unless the employee has
been exposed for a period of |
| 4 | | time sufficient to cause permanent impairment
to noise |
| 5 | | levels in excess of the following:
|
|
| 6 | | Sound Level DBA |
|
|
| 7 | | Slow Response |
Hours Per Day |
|
| 8 | | 90 |
8 |
|
| 9 | | 92 |
6 |
|
| 10 | | 95 |
4 |
|
| 11 | | 97 |
3 |
|
| 12 | | 100 |
2 |
|
| 13 | | 102 |
1-1/2 |
|
| 14 | | 105 |
1 |
|
| 15 | | 110 |
1/2 |
|
| 16 | | 115 |
1/4 |
|
| 17 | | This subparagraph (f) shall not be applied in cases of |
| 18 | | hearing loss
resulting from trauma or explosion.
|
| 19 | | 17. In computing the compensation to be paid to any |
| 20 | | employee who,
before the accident for which he claims |
| 21 | | compensation, had before that
time sustained an injury |
| 22 | | resulting in the loss by amputation or partial
loss by |
| 23 | | amputation of any member, including hand, arm, thumb or |
| 24 | | fingers,
leg, foot or any toes, such loss or partial loss |
| 25 | | of any such member
shall be deducted from any award made |
| 26 | | for the subsequent injury. For
the permanent loss of use or |
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| 1 | | the permanent partial loss of use of any
such member or the |
| 2 | | partial loss of sight of an eye, for which
compensation has |
| 3 | | been paid, then such loss shall be taken into
consideration |
| 4 | | and deducted from any award for the subsequent injury.
|
| 5 | | 18. The specific case of loss of both hands, both arms, |
| 6 | | or both
feet, or both legs, or both eyes, or of any two |
| 7 | | thereof, or the
permanent and complete loss of the use |
| 8 | | thereof, constitutes total and
permanent disability, to be |
| 9 | | compensated according to the compensation
fixed by |
| 10 | | paragraph (f) of this Section. These specific cases of |
| 11 | | total
and permanent disability do not exclude other cases.
|
| 12 | | Any employee who has previously suffered the loss or |
| 13 | | permanent and
complete loss of the use of any of such |
| 14 | | members, and in a subsequent
independent accident loses |
| 15 | | another or suffers the permanent and complete
loss of the |
| 16 | | use of any one of such members the employer for whom the
|
| 17 | | injured employee is working at the time of the last |
| 18 | | independent accident
is liable to pay compensation only for |
| 19 | | the loss or permanent and
complete loss of the use of the |
| 20 | | member occasioned by the last
independent accident.
|
| 21 | | 19. In a case of specific loss and the subsequent death |
| 22 | | of such
injured employee from other causes than such injury |
| 23 | | leaving a widow,
widower, or dependents surviving before |
| 24 | | payment or payment in full for
such injury, then the amount |
| 25 | | due for such injury is payable to the widow
or widower and, |
| 26 | | if there be no widow or widower, then to such
dependents, |
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| 1 | | in the proportion which such dependency bears to total
|
| 2 | | dependency.
|
| 3 | | Beginning July 1, 1980, and every 6 months thereafter, the |
| 4 | | Commission
shall examine the Second Injury Fund and when, after |
| 5 | | deducting all
advances or loans made to such Fund, the amount |
| 6 | | therein is $500,000
then the amount required to be paid by |
| 7 | | employers pursuant to paragraph
(f) of Section 7 shall be |
| 8 | | reduced by one-half. When the Second Injury Fund
reaches the |
| 9 | | sum of $600,000 then the payments shall cease entirely.
|
| 10 | | However, when the Second Injury Fund has been reduced to |
| 11 | | $400,000, payment
of one-half of the amounts required by |
| 12 | | paragraph (f) of Section 7
shall be resumed, in the manner |
| 13 | | herein provided, and when the Second Injury
Fund has been |
| 14 | | reduced to $300,000, payment of the full amounts required by
|
| 15 | | paragraph (f) of Section 7 shall be resumed, in the manner |
| 16 | | herein provided.
The Commission shall make the changes in |
| 17 | | payment effective by
general order, and the changes in payment |
| 18 | | become immediately effective
for all cases coming before the |
| 19 | | Commission thereafter either by
settlement agreement or final |
| 20 | | order, irrespective of the date of the
accidental injury.
|
| 21 | | On August 1, 1996 and on February 1 and August 1 of each |
| 22 | | subsequent year, the Commission
shall examine the special fund |
| 23 | | designated as the "Rate
Adjustment Fund" and when, after |
| 24 | | deducting all advances or loans made to
said fund, the amount |
| 25 | | therein is $4,000,000, the amount required to be
paid by |
| 26 | | employers pursuant to paragraph (f) of Section 7 shall be
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| 1 | | reduced by one-half. When the Rate Adjustment Fund reaches the |
| 2 | | sum of
$5,000,000 the payment therein shall cease entirely. |
| 3 | | However, when said
Rate Adjustment Fund has been reduced to |
| 4 | | $3,000,000 the amounts required by
paragraph (f) of Section 7 |
| 5 | | shall be resumed in the manner herein provided.
|
| 6 | | (f) In case of complete disability, which renders the |
| 7 | | employee
wholly and permanently incapable of work, or in the |
| 8 | | specific case of
total and permanent disability as provided in |
| 9 | | subparagraph 18 of
paragraph (e) of this Section, compensation |
| 10 | | shall be payable at the rate
provided in subparagraph 2 of |
| 11 | | paragraph (b) of this Section for life.
|
| 12 | | An employee entitled to benefits under paragraph (f) of |
| 13 | | this Section
shall also be entitled to receive from the Rate |
| 14 | | Adjustment
Fund provided in paragraph (f) of Section 7 of the |
| 15 | | supplementary benefits
provided in paragraph (g) of this |
| 16 | | Section 8.
|
| 17 | | If any employee who receives an award under this paragraph |
| 18 | | afterwards
returns to work or is able to do so, and earns or is |
| 19 | | able to earn as
much as before the accident, payments under |
| 20 | | such award shall cease. If
such employee returns to work, or is |
| 21 | | able to do so, and earns or is able
to earn part but not as much |
| 22 | | as before the accident, such award shall be
modified so as to |
| 23 | | conform to an award under paragraph (d) of this
Section. If |
| 24 | | such award is terminated or reduced under the provisions of
|
| 25 | | this paragraph, such employees have the right at any time |
| 26 | | within 30
months after the date of such termination or |
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| 1 | | reduction to file petition
with the Commission for the purpose |
| 2 | | of determining whether any
disability exists as a result of the |
| 3 | | original accidental injury and the
extent thereof.
|
| 4 | | Disability as enumerated in subdivision 18, paragraph (e) |
| 5 | | of this
Section is considered complete disability.
|
| 6 | | If an employee who had previously incurred loss or the |
| 7 | | permanent and
complete loss of use of one member, through the |
| 8 | | loss or the permanent
and complete loss of the use of one hand, |
| 9 | | one arm, one foot, one leg, or
one eye, incurs permanent and |
| 10 | | complete disability through the loss or
the permanent and |
| 11 | | complete loss of the use of another member, he shall
receive, |
| 12 | | in addition to the compensation payable by the employer and
|
| 13 | | after such payments have ceased, an amount from the Second |
| 14 | | Injury Fund
provided for in paragraph (f) of Section 7, which, |
| 15 | | together with the
compensation payable from the employer in |
| 16 | | whose employ he was when the
last accidental injury was |
| 17 | | incurred, will equal the amount payable for
permanent and |
| 18 | | complete disability as provided in this paragraph of this
|
| 19 | | Section.
|
| 20 | | The custodian of the Second Injury Fund provided for in |
| 21 | | paragraph (f)
of Section 7 shall be joined with the employer as |
| 22 | | a party respondent in
the application for adjustment of claim. |
| 23 | | The application for adjustment
of claim shall state briefly and |
| 24 | | in general terms the approximate time
and place and manner of |
| 25 | | the loss of the first member.
|
| 26 | | In its award the Commission or the Arbitrator shall |
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| 1 | | specifically find
the amount the injured employee shall be |
| 2 | | weekly paid, the number of
weeks compensation which shall be |
| 3 | | paid by the employer, the date upon
which payments begin out of |
| 4 | | the Second Injury Fund provided for in
paragraph (f) of Section |
| 5 | | 7 of this Act, the length of time the weekly
payments continue, |
| 6 | | the date upon which the pension payments commence and
the |
| 7 | | monthly amount of the payments. The Commission shall 30 days |
| 8 | | after
the date upon which payments out of the Second Injury |
| 9 | | Fund have begun as
provided in the award, and every month |
| 10 | | thereafter, prepare and submit to
the State Comptroller a |
| 11 | | voucher for payment for all compensation accrued
to that date |
| 12 | | at the rate fixed by the Commission. The State Comptroller
|
| 13 | | shall draw a warrant to the injured employee along with a |
| 14 | | receipt to be
executed by the injured employee and returned to |
| 15 | | the Commission. The
endorsed warrant and receipt is a full and |
| 16 | | complete acquittance to the
Commission for the payment out of |
| 17 | | the Second Injury Fund. No other
appropriation or warrant is |
| 18 | | necessary for payment out of the Second
Injury Fund. The Second |
| 19 | | Injury Fund is appropriated for the purpose of
making payments |
| 20 | | according to the terms of the awards.
|
| 21 | | As of July 1, 1980 to July 1, 1982, all claims against and |
| 22 | | obligations
of the Second Injury Fund shall become claims |
| 23 | | against and obligations of
the Rate Adjustment Fund to the |
| 24 | | extent there is insufficient money in the
Second Injury Fund to |
| 25 | | pay such claims and obligations. In that case, all
references |
| 26 | | to "Second Injury Fund" in this Section shall also include the
|
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| 1 | | Rate Adjustment Fund.
|
| 2 | | (g) Every award for permanent total disability entered by |
| 3 | | the
Commission on and after July 1, 1965 under which |
| 4 | | compensation payments
shall become due and payable after the |
| 5 | | effective date of this amendatory
Act, and every award for |
| 6 | | death benefits or permanent total disability
entered by the |
| 7 | | Commission on and after the effective date of this
amendatory |
| 8 | | Act shall be subject to annual adjustments as to the amount
of |
| 9 | | the compensation rate therein provided. Such adjustments shall |
| 10 | | first
be made on July 15, 1977, and all awards made and entered |
| 11 | | prior to July
1, 1975 and on July 15 of each year
thereafter. |
| 12 | | In all other cases such adjustment shall be made on July 15
of |
| 13 | | the second year next following the date of the entry of the |
| 14 | | award and
shall further be made on July 15 annually thereafter. |
| 15 | | If during the
intervening period from the date of the entry of |
| 16 | | the award, or the last
periodic adjustment, there shall have |
| 17 | | been an increase in the State's
average weekly wage in covered |
| 18 | | industries under the Unemployment
Insurance Act, the weekly |
| 19 | | compensation rate shall be proportionately
increased by the |
| 20 | | same percentage as the percentage of increase in the
State's |
| 21 | | average weekly wage in covered industries under the
|
| 22 | | Unemployment Insurance Act. The increase in the compensation |
| 23 | | rate
under this paragraph shall in no event bring the total |
| 24 | | compensation rate
to an amount greater than the prevailing |
| 25 | | maximum rate at the time that the annual adjustment is made. |
| 26 | | Such increase
shall be paid in the same manner as herein |
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| 1 | | provided for payments under
the Second Injury Fund to the |
| 2 | | injured employee, or his dependents, as
the case may be, out of |
| 3 | | the Rate Adjustment Fund provided
in paragraph (f) of Section 7 |
| 4 | | of this Act. Payments shall be made at
the same intervals as |
| 5 | | provided in the award or, at the option of the
Commission, may |
| 6 | | be made in quarterly payment on the 15th day of January,
April, |
| 7 | | July and October of each year. In the event of a decrease in
|
| 8 | | such average weekly wage there shall be no change in the then |
| 9 | | existing
compensation rate. The within paragraph shall not |
| 10 | | apply to cases where
there is disputed liability and in which a |
| 11 | | compromise lump sum settlement
between the employer and the |
| 12 | | injured employee, or his dependents, as the
case may be, has |
| 13 | | been duly approved by the Illinois Workers' Compensation
|
| 14 | | Commission.
|
| 15 | | Provided, that in cases of awards entered by the Commission |
| 16 | | for
injuries occurring before July 1, 1975, the increases in |
| 17 | | the
compensation rate adjusted under the foregoing provision of |
| 18 | | this
paragraph (g) shall be limited to increases in the State's |
| 19 | | average
weekly wage in covered industries under the |
| 20 | | Unemployment Insurance Act
occurring after July 1, 1975.
|
| 21 | | For every accident occurring on or after July 20, 2005 but |
| 22 | | before the effective date of this amendatory Act of the 94th |
| 23 | | General Assembly (Senate Bill 1283 of the 94th General |
| 24 | | Assembly), the annual adjustments to the compensation rate in |
| 25 | | awards for death benefits or permanent total disability, as |
| 26 | | provided in this Act, shall be paid by the employer. The |
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| 1 | | adjustment shall be made by the employer on July 15 of the |
| 2 | | second year next following the date of the entry of the award |
| 3 | | and shall further be made on July 15 annually thereafter. If |
| 4 | | during the intervening period from the date of the entry of the |
| 5 | | award, or the last periodic adjustment, there shall have been |
| 6 | | an increase in the State's average weekly wage in covered |
| 7 | | industries under the Unemployment Insurance Act, the employer |
| 8 | | shall increase the weekly compensation rate proportionately by |
| 9 | | the same percentage as the percentage of increase in the |
| 10 | | State's average weekly wage in covered industries under the |
| 11 | | Unemployment Insurance Act. The increase in the compensation |
| 12 | | rate under this paragraph shall in no event bring the total |
| 13 | | compensation rate to an amount greater than the prevailing |
| 14 | | maximum rate at the time that the annual adjustment is made. In |
| 15 | | the event of a decrease in such average weekly wage there shall |
| 16 | | be no change in the then existing compensation rate. Such |
| 17 | | increase shall be paid by the employer in the same manner and |
| 18 | | at the same intervals as the payment of compensation in the |
| 19 | | award. This paragraph shall not apply to cases where there is |
| 20 | | disputed liability and in which a compromise lump sum |
| 21 | | settlement between the employer and the injured employee, or |
| 22 | | his or her dependents, as the case may be, has been duly |
| 23 | | approved by the Illinois Workers' Compensation Commission. |
| 24 | | The annual adjustments for every award of death benefits or |
| 25 | | permanent total disability involving accidents occurring |
| 26 | | before July 20, 2005 and accidents occurring on or after the |
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| 1 | | effective date of this amendatory Act of the 94th General |
| 2 | | Assembly (Senate Bill 1283 of the 94th General Assembly) shall |
| 3 | | continue to be paid from the Rate Adjustment Fund pursuant to |
| 4 | | this paragraph and Section 7(f) of this Act.
|
| 5 | | (h) In case death occurs from any cause before the total
|
| 6 | | compensation to which the employee would have been entitled has |
| 7 | | been
paid, then in case the employee leaves any widow, widower, |
| 8 | | child, parent
(or any grandchild, grandparent or other lineal |
| 9 | | heir or any collateral
heir dependent at the time of the |
| 10 | | accident upon the earnings of the
employee to the extent of 50% |
| 11 | | or more of total dependency) such
compensation shall be paid to |
| 12 | | the beneficiaries of the deceased employee
and distributed as |
| 13 | | provided in paragraph (g) of Section 7.
|
| 14 | | (h-1) In case an injured employee is under legal disability
|
| 15 | | at the time when any right or privilege accrues to him or her |
| 16 | | under this
Act, a guardian may be appointed pursuant to law, |
| 17 | | and may, on behalf
of such person under legal disability, claim |
| 18 | | and exercise any
such right or privilege with the same effect |
| 19 | | as if the employee himself
or herself had claimed or exercised |
| 20 | | the right or privilege. No limitations
of time provided by this |
| 21 | | Act run so long as the employee who is under legal
disability |
| 22 | | is without a conservator or guardian.
|
| 23 | | (i) In case the injured employee is under 16 years of age |
| 24 | | at the
time of the accident and is illegally employed, the |
| 25 | | amount of
compensation payable under paragraphs (b), (c), (d), |
| 26 | | (e) and (f) of this
Section is increased 50%.
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| 1 | | However, where an employer has on file an employment |
| 2 | | certificate
issued pursuant to the Child Labor Law or work |
| 3 | | permit issued pursuant
to the Federal Fair Labor Standards Act, |
| 4 | | as amended, or a birth
certificate properly and duly issued, |
| 5 | | such certificate, permit or birth
certificate is conclusive |
| 6 | | evidence as to the age of the injured minor
employee for the |
| 7 | | purposes of this Section.
|
| 8 | | Nothing herein contained repeals or amends the provisions |
| 9 | | of the
Child Labor Law relating to the employment of minors |
| 10 | | under the age of 16 years.
|
| 11 | | (j) 1. In the event the injured employee receives benefits,
|
| 12 | | including medical, surgical or hospital benefits under any |
| 13 | | group plan
covering non-occupational disabilities contributed |
| 14 | | to wholly or
partially by the employer, which benefits should |
| 15 | | not have been payable
if any rights of recovery existed under |
| 16 | | this Act, then such amounts so
paid to the employee from any |
| 17 | | such group plan as shall be consistent
with, and limited to, |
| 18 | | the provisions of paragraph 2 hereof, shall be
credited to or |
| 19 | | against any compensation payment for temporary total
|
| 20 | | incapacity for work or any medical, surgical or hospital |
| 21 | | benefits made
or to be made under this Act. In such event, the |
| 22 | | period of time for
giving notice of accidental injury and |
| 23 | | filing application for adjustment
of claim does not commence to |
| 24 | | run until the termination of such
payments. This paragraph does |
| 25 | | not apply to payments made under any
group plan which would |
| 26 | | have been payable irrespective of an accidental
injury under |
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| 1 | | this Act. Any employer receiving such credit shall keep
such |
| 2 | | employee safe and harmless from any and all claims or |
| 3 | | liabilities
that may be made against him by reason of having |
| 4 | | received such payments
only to the extent of such credit.
|
| 5 | | Any excess benefits paid to or on behalf of a State |
| 6 | | employee by the
State Employees' Retirement System under |
| 7 | | Article 14 of the Illinois Pension
Code on a death claim or |
| 8 | | disputed disability claim shall be credited
against any |
| 9 | | payments made or to be made by the State of Illinois to or on
|
| 10 | | behalf of such employee under this Act, except for payments for |
| 11 | | medical
expenses which have already been incurred at the time |
| 12 | | of the award. The
State of Illinois shall directly reimburse |
| 13 | | the State Employees' Retirement
System to the extent of such |
| 14 | | credit.
|
| 15 | | 2. Nothing contained in this Act shall be construed to give |
| 16 | | the
employer or the insurance carrier the right to credit for |
| 17 | | any benefits
or payments received by the employee other than |
| 18 | | compensation payments
provided by this Act, and where the |
| 19 | | employee receives payments other
than compensation payments, |
| 20 | | whether as full or partial salary, group
insurance benefits, |
| 21 | | bonuses, annuities or any other payments, the
employer or |
| 22 | | insurance carrier shall receive credit for each such payment
|
| 23 | | only to the extent of the compensation that would have been |
| 24 | | payable
during the period covered by such payment.
|
| 25 | | 3. The extension of time for the filing of an Application |
| 26 | | for
Adjustment of Claim as provided in paragraph 1 above shall |
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| 1 | | not apply to
those cases where the time for such filing had |
| 2 | | expired prior to the date
on which payments or benefits |
| 3 | | enumerated herein have been initiated or
resumed. Provided |
| 4 | | however that this paragraph 3 shall apply only to
cases wherein |
| 5 | | the payments or benefits hereinabove enumerated shall be
|
| 6 | | received after July 1, 1969.
|
| 7 | | (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813, |
| 8 | | eff. 7-13-12.)
|
| 9 | | (820 ILCS 305/10) (from Ch. 48, par. 138.10)
|
| 10 | | Sec. 10.
The basis for computing the compensation provided |
| 11 | | for in
Sections 7 and 8 of the Act shall be as follows:
|
| 12 | | (1) The compensation shall be computed on the basis of the
|
| 13 | | "Average weekly wage" which shall mean the actual earnings of |
| 14 | | the employee
in the employment in which he was working at the |
| 15 | | time of the injury during
the period of 52 weeks ending with |
| 16 | | the last day of the employee's last full
pay period immediately |
| 17 | | preceding the date of injury, illness or disablement
excluding |
| 18 | | overtime, and bonus divided by 52; but if the injured employee
|
| 19 | | lost 5 or more calendar days during such period, whether or not |
| 20 | | in the same
week, then the earnings for the remainder of such |
| 21 | | 52 weeks shall be divided
by the number of weeks and parts |
| 22 | | thereof remaining after the time so lost
has been deducted. |
| 23 | | (2) Where the employment prior to the injury extended over
|
| 24 | | a period of less than 52 weeks, or where the employment is |
| 25 | | noncontinuous or less than full-time, or the employee lost one |
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| 1 | | or more calendar days during that period, the earnings earned |
| 2 | | during that period shall be divided by the number of weeks |
| 3 | | during which the employee worked, regardless of the number of |
| 4 | | hours worked during that week. |
| 5 | | (3) When the employee is working concurrently with 2 or |
| 6 | | more employers and the respondent employer has knowledge of |
| 7 | | such additional employment prior to the injury, his or her |
| 8 | | wages from all such employers shall be considered as if earned |
| 9 | | from the employer liable for compensation. |
| 10 | | (4) Each week during which the employee earned wages counts |
| 11 | | as one week for purposes of computation under subdivisions (1), |
| 12 | | (2) and (3), regardless of the number of hours worked during |
| 13 | | that week the method of dividing the earnings during
that |
| 14 | | period by the number of weeks and parts thereof during which |
| 15 | | the employee
actually earned wages shall be followed. |
| 16 | | (5) Where by reason of the shortness
of the time during |
| 17 | | which the employee has been in the employment of his
employer |
| 18 | | or of the casual nature or terms of the employment, it is |
| 19 | | impractical
to compute the average weekly wages as above |
| 20 | | defined, regard shall be had
to the average weekly amount which |
| 21 | | during the 52 weeks previous to the injury,
illness or |
| 22 | | disablement was being or would have been earned by a person in
|
| 23 | | the same grade employed at the same work for each of such 52 |
| 24 | | weeks for the
same number of hours per week by the same |
| 25 | | employer. In the case of volunteer
firemen, police and civil |
| 26 | | defense members or trainees, the income benefits
shall be based |