Bill Text: IL HB4177 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Workers' Compensation Act. Provides that the sum of $10,000 (rather than $8,000) for burial expenses shall be paid by the employer to the widow or widower, other dependent, next of kin, or person or persons incurring the expense of burial.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB4177 Detail]

Download: Illinois-2025-HB4177-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB4177 Introduced , by Rep. Martha Deuter SYNOPSIS AS INTRODUCED:
820 ILCS 305/7
Amends the Workers' Compensation Act. Provides that the sum of $10,000 (rather than $8,000) for burial expenses shall be paid by the employer to the widow or widower, other dependent, next of kin, or person or persons incurring the expense of burial.
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A BILL FOR
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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 7 as follows:
(820 ILCS 305/7)
Sec. 7. The amount of compensation which shall be paid for
an accidental injury to the employee resulting in death is:
(a) If the employee leaves surviving a widow, widower,
child or children, the applicable weekly compensation rate
computed in accordance with subparagraph 2 of paragraph (b) of
Section 8, shall be payable during the life of the widow or
widower and if any surviving child or children shall not be
physically or mentally incapacitated then until the death of
the widow or widower or until the youngest child shall reach
the age of 18, whichever shall come later; provided that if
such child or children shall be enrolled as a full-time full
time student in any accredited educational institution, the
payments shall continue until such child has attained the age
of 25. In the event any surviving child or children shall be
physically or mentally incapacitated, the payments shall
continue for the duration of such incapacity.
The term "child" means a child whom the deceased employee

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left surviving, including a posthumous child, a child legally
adopted, a child whom the deceased employee was legally
obligated to support or a child to whom the deceased employee
stood in loco parentis. The term "children" means the plural
of "child".
The term "physically or mentally incapacitated child or
children" means a child or children incapable of engaging in
regular and substantial gainful employment.
In the event of the remarriage of a widow or widower, where
the decedent did not leave surviving any child or children
who, at the time of such remarriage, are entitled to
compensation benefits under this Act, the surviving spouse
shall be paid a lump sum equal to 2 years compensation benefits
and all further rights of such widow or widower shall be
extinguished.
If the employee leaves surviving any child or children
under 18 years of age who at the time of death shall be
entitled to compensation under this paragraph (a) of this
Section, the weekly compensation payments herein provided for
such child or children shall in any event continue for a period
of not less than 6 years.
Any beneficiary entitled to compensation under this
paragraph (a) of this Section shall receive from the special
fund provided in paragraph (f) of this Section, in addition to
the compensation herein provided, supplemental benefits in
accordance with paragraph (g) of Section 8.

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(b) If no compensation is payable under paragraph (a) of
this Section and the employee leaves surviving a parent or
parents who at the time of the accident were totally dependent
upon the earnings of the employee then weekly payments equal
to the compensation rate payable in the case where the
employee leaves surviving a widow or widower, shall be paid to
such parent or parents for the duration of their lives, and in
the event of the death of either, for the life of the survivor.
(c) If no compensation is payable under paragraph
paragraphs (a) or (b) of this Section and the employee leaves
surviving any child or children who are not entitled to
compensation under the foregoing paragraph (a) but who at the
time of the accident were nevertheless in any manner dependent
upon the earnings of the employee, or leaves surviving a
parent or parents who at the time of the accident were
partially dependent upon the earnings of the employee, then
there shall be paid to such dependent or dependents for a
period of 8 years weekly compensation payments at such
proportion of the applicable rate if the employee had left
surviving a widow or widower as such dependency bears to total
dependency. In the event of the death of any such beneficiary
the share of such beneficiary shall be divided equally among
the surviving beneficiaries and in the event of the death of
the last such beneficiary all the rights under this paragraph
shall be extinguished.
(d) If no compensation is payable under paragraph

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paragraphs (a), (b), or (c) of this Section and the employee
leaves surviving any grandparent, grandparents, grandchild or
grandchildren or collateral heirs dependent upon the
employee's earnings to the extent of 50% or more of total
dependency, then there shall be paid to such dependent or
dependents for a period of 5 years weekly compensation
payments at such proportion of the applicable rate if the
employee had left surviving a widow or widower as such
dependency bears to total dependency. In the event of the
death of any such beneficiary the share of such beneficiary
shall be divided equally among the surviving beneficiaries and
in the event of the death of the last such beneficiary all
rights hereunder shall be extinguished.
(e) The compensation to be paid for accidental injury
which results in death, as provided in this Section, shall be
paid to the persons who form the basis for determining the
amount of compensation to be paid by the employer, the
respective shares to be in the proportion of their respective
dependency at the time of the accident on the earnings of the
deceased. The Commission or an Arbitrator thereof may, in its
or his discretion, order or award the payment to the parent or
grandparent of a child for the latter's support the amount of
compensation which but for such order or award would have been
paid to such child as its share of the compensation payable,
which order or award may be modified from time to time by the
Commission in its discretion with respect to the person to

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whom shall be paid the amount of the order or award remaining
unpaid at the time of the modification.
The payments of compensation by the employer in accordance
with the order or award of the Commission discharges such
employer from all further obligation as to such compensation.
(f) The sum of $10,000 $8,000 for burial expenses shall be
paid by the employer to the widow or widower, other dependent,
next of kin or to the person or persons incurring the expense
of burial.
In the event the employer failed to provide necessary
first aid, medical, surgical or hospital service, he shall pay
the cost thereof to the person or persons entitled to
compensation under paragraphs (a), (b), (c), or (d) of this
Section, or to the person or persons incurring the obligation
therefore, or providing the same.
On January 15 and July 15, 1981, and on January 15 and July
15 of each year thereafter the employer shall within 60 days
pay a sum equal to 1/8 of 1% of all compensation payments made
by him after July 1, 1980, either under this Act or the
Workers' Occupational Diseases Act, whether by lump sum
settlement or weekly compensation payments, but not including
hospital, surgical or rehabilitation payments, made during the
first 6 months and during the second 6 months respectively of
the fiscal year next preceding the date of the payments, into a
special fund which shall be designated the "Second Injury
Fund", of which the State Treasurer is ex officio ex-officio

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custodian, such special fund to be held and disbursed for the
purposes hereinafter stated in paragraphs (f) and (g) of
Section 8, either upon the order of the Commission or of a
competent court. Said special fund shall be deposited the same
as are State funds and any interest accruing thereon shall be
added thereto every 6 months. It is subject to audit the same
as State funds and accounts and is protected by the General
bond given by the State Treasurer. It is considered always
appropriated for the purposes of disbursements as provided in
paragraph (f) of Section 8, paragraph (f), of this Act, and
shall be paid out and disbursed as therein provided and shall
not at any time be appropriated or diverted to any other use or
purpose.
On January 15, 1991, the employer shall further pay a sum
equal to one half of 1% of all compensation payments made by
him from January 1, 1990 through June 30, 1990 either under
this Act or under the Workers' Occupational Diseases Act,
whether by lump sum settlement or weekly compensation
payments, but not including hospital, surgical or
rehabilitation payments, into an additional Special Fund which
shall be designated as the "Rate Adjustment Fund". On March
15, 1991, the employer shall pay into the Rate Adjustment Fund
a sum equal to one half of 1% of all such compensation payments
made from July 1, 1990 through December 31, 1990. Within 60
days after July 15, 1991, the employer shall pay into the Rate
Adjustment Fund a sum equal to one half of 1% of all such

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compensation payments made from January 1, 1991 through June
30, 1991. Within 60 days after January 15 of 1992 and each
subsequent year through 1996, the employer shall pay into the
Rate Adjustment Fund a sum equal to one half of 1% of all such
compensation payments made in the last 6 months of the
preceding calendar year. Within 60 days after July 15 of 1992
and each subsequent year through 1995, the employer shall pay
into the Rate Adjustment Fund a sum equal to one half of 1% of
all such compensation payments made in the first 6 months of
the same calendar year. Within 60 days after January 15 of 1997
and each subsequent year through 2005, the employer shall pay
into the Rate Adjustment Fund a sum equal to three-fourths of
1% of all such compensation payments made in the last 6 months
of the preceding calendar year. Within 60 days after July 15 of
1996 and each subsequent year through 2004, the employer shall
pay into the Rate Adjustment Fund a sum equal to three-fourths
of 1% of all such compensation payments made in the first 6
months of the same calendar year. Within 60 days after July 15
of 2005, the employer shall pay into the Rate Adjustment Fund a
sum equal to 1% of such compensation payments made in the first
6 months of the same calendar year. Within 60 days after
January 15 of 2006 and each subsequent year through 2024, the
employer shall pay into the Rate Adjustment Fund a sum equal to
1.25% of such compensation payments made in the last 6 months
of the preceding calendar year. Within 60 days after July 15 of
2006 and each subsequent year through 2023, the employer shall

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pay into the Rate Adjustment Fund a sum equal to 1.25% of such
compensation payments made in the first 6 months of the same
calendar year. Within 60 days after July 15 of 2024 and each
subsequent year thereafter, the employer shall pay into the
Rate Adjustment Fund a sum equal to 1.375% of such
compensation payments made in the first 6 months of the same
calendar year. Within 60 days after January 15 of 2025 and each
subsequent year thereafter, the employer shall pay into the
Rate Adjustment Fund a sum equal to 1.375% of such
compensation payments made in the last 6 months of the
preceding calendar year. The administrative costs of
collecting assessments from employers for the Rate Adjustment
Fund shall be paid from the Rate Adjustment Fund. The cost of
an actuarial audit of the Fund shall be paid from the Rate
Adjustment Fund. The State Treasurer is ex officio custodian
of such Special Fund and the same shall be held and disbursed
for the purposes hereinafter stated in paragraphs (f) and (g)
of Section 8 upon the order of the Commission or of a competent
court. The Rate Adjustment Fund shall be deposited the same as
are State funds and any interest accruing thereon shall be
added thereto every 6 months. It shall be subject to audit the
same as State funds and accounts and shall be protected by the
general bond given by the State Treasurer. It is considered
always appropriated for the purposes of disbursements as
provided in paragraphs (f) and (g) of Section 8 of this Act and
shall be paid out and disbursed as therein provided and shall

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not at any time be appropriated or diverted to any other use or
purpose. Within 5 days after December 7, 1990 (the effective
date of Public Act 86-1448) this amendatory Act of 1990, the
Comptroller and the State Treasurer shall transfer $1,000,000
from the General Revenue Fund to the Rate Adjustment Fund. By
February 15, 1991, the Comptroller and the State Treasurer
shall transfer $1,000,000 from the Rate Adjustment Fund to the
General Revenue Fund. The Comptroller and Treasurer are
authorized to make transfers at the request of the Chairman up
to a total of $19,000,000 from the Second Injury Fund, the
General Revenue Fund, and the Workers' Compensation Benefit
Trust Fund to the Rate Adjustment Fund to the extent that there
is insufficient money in the Rate Adjustment Fund to pay
claims and obligations. Amounts may be transferred from the
General Revenue Fund only if the funds in the Second Injury
Fund or the Workers' Compensation Benefit Trust Fund are
insufficient to pay claims and obligations of the Rate
Adjustment Fund. All amounts transferred from the Second
Injury Fund, the General Revenue Fund, and the Workers'
Compensation Benefit Trust Fund shall be repaid from the Rate
Adjustment Fund within 270 days of a transfer, together with
interest at the rate earned by moneys on deposit in the Fund or
Funds from which the moneys were transferred.
Upon a finding by the Commission, after reasonable notice
and hearing, that any employer has willfully and knowingly
failed to pay the proper amounts into the Second Injury Fund or

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the Rate Adjustment Fund required by this Section or if such
payments are not made within the time periods prescribed by
this Section, the employer shall, in addition to such
payments, pay a penalty of 20% of the amount required to be
paid or $2,500, whichever is greater, for each year or part
thereof of such failure to pay. This penalty shall only apply
to obligations of an employer to the Second Injury Fund or the
Rate Adjustment Fund accruing after December 18, 1989 (the
effective date of Public Act 86-998) this amendatory Act of
1989. All or part of such a penalty may be waived by the
Commission for good cause shown.
Any obligations of an employer to the Second Injury Fund
and Rate Adjustment Fund accruing prior to December 18, 1989
(the effective date of Public Act 86-998) this amendatory Act
of 1989 shall be paid in full by such employer within 5 years
of December 18, 1989 (the effective date of Public Act 86-998)
this amendatory Act of 1989, with at least one-fifth of such
obligation to be paid during each year following December 18,
1989 (the effective date of Public Act 86-998) this amendatory
Act of 1989. If the Commission finds, following reasonable
notice and hearing, that an employer has failed to make timely
payment of any obligation accruing under the preceding
sentence, the employer shall, in addition to all other
payments required by this Section, be liable for a penalty
equal to 20% of the overdue obligation or $2,500, whichever is
greater, for each year or part thereof that obligation is

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overdue. All or part of such a penalty may be waived by the
Commission for good cause shown.
The Chairman of the Illinois Workers' Compensation
Commission shall, annually, furnish to the Director of the
Department of Insurance a list of the amounts paid into the
Second Injury Fund and the Rate Adjustment Fund by each
insurance company on behalf of their insured employers. The
Director shall verify to the Chairman that the amounts paid by
each insurance company are accurate as best as the Director
can determine from the records available to the Director. The
Chairman shall verify that the amounts paid by each
self-insurer are accurate as best as the Chairman can
determine from records available to the Chairman. The Chairman
may require each self-insurer to provide information
concerning the total compensation payments made upon which
contributions to the Second Injury Fund and the Rate
Adjustment Fund are predicated and any additional information
establishing that such payments have been made into these
funds. Any deficiencies in payments noted by the Director or
Chairman shall be subject to the penalty provisions of this
Act.
The State Treasurer, or his duly authorized
representative, shall be named as a party to all proceedings
in all cases involving claim for the loss of, or the permanent
and complete loss of the use of one eye, one foot, one leg, one
arm or one hand.

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The State Treasurer or his duly authorized agent shall
have the same rights as any other party to the proceeding,
including the right to petition for review of any award. The
reasonable expenses of litigation, such as medical
examinations, testimony, and transcript of evidence, incurred
by the State Treasurer or his duly authorized representative,
shall be borne by the Second Injury Fund.
If the award is not paid within 30 days after the date the
award has become final, the Commission shall proceed to take
judgment thereon in its own name as is provided for other
awards by paragraph (g) of Section 19 of this Act and take the
necessary steps to collect the award.
Any person, corporation or organization who has paid or
become liable for the payment of burial expenses of the
deceased employee may in his or its own name institute
proceedings before the Commission for the collection thereof.
For the purpose of administration, receipts and
disbursements, the Special Fund provided for in paragraph (f)
of this Section shall be administered jointly with the Special
Fund provided for in paragraph (f) of Section 7, paragraph (f)
of the Workers' Occupational Diseases Act.
(g) All compensation, except for burial expenses provided
in this Section to be paid in case accident results in death,
shall be paid in installments equal to the percentage of the
average earnings as provided for in paragraph (b) of Section
8, paragraph (b) of this Act, at the same intervals at which

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the wages or earnings of the employees were paid. If this is
not feasible, then the installments shall be paid weekly. Such
compensation may be paid in a lump sum upon petition as
provided in Section 9 of this Act. However, in addition to the
benefits provided by Section 9 of this Act where compensation
for death is payable to the deceased's widow, widower or to the
deceased's widow, widower and one or more children, and where
a partial lump sum is applied for by such beneficiary or
beneficiaries within 18 months after the deceased's death, the
Commission may, in its discretion, grant a partial lump sum of
not to exceed 100 weeks of the compensation capitalized at
their present value upon the basis of interest calculated at
3% per annum with annual rests, upon a showing that such
partial lump sum is for the best interest of such beneficiary
or beneficiaries.
(h) 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 (a), (b), (c),
(d), and (f) of this Section shall be increased 50%.
Nothing herein contained repeals or amends the provisions
of the Child Labor Law of 2024 relating to the employment of
minors under the age of 16 years.
However, where an employer has on file an employment
certificate issued pursuant to the Child Labor Law of 2024 or
work permit issued pursuant to the Federal Fair Labor
Standards Act, as amended, or a birth certificate properly and

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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 only.
(i) Whenever the dependents of a deceased employee are
noncitizens not residing in the United States, Mexico or
Canada, the amount of compensation payable is limited to the
beneficiaries described in paragraphs (a), (b), and (c) of
this Section and is 50% of the compensation provided in
paragraphs (a), (b), and (c) of this Section, except as
otherwise provided by treaty.
In a case where any of the persons who would be entitled to
compensation is living at any place outside of the United
States, then payment shall be made to the personal
representative of the deceased employee. The distribution by
such personal representative to the persons entitled shall be
made to such persons and in such manner as the Commission
orders.
(Source: P.A. 102-1030, eff. 5-27-22; 103-590, eff. 6-5-24;
103-721, eff. 1-1-25; revised 10-10-24.)