Bill Text: IL SB1305 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Workers' Compensation Act. Provides that an accidental injury that results from repetitive or cumulative trauma and occurs within 6 months after the employee begins employment shall not be considered by a workers' compensation insurer in setting rates. Provides for contribution by prior employers with respect to awards for repetitive or cumulative injuries. Amends the Illinois Administrative Procedure Act to authorize emergency rulemaking.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB1305 Detail]

Download: Illinois-2023-SB1305-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1305 Introduced 2/3/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
5 ILCS 100/5-45.35 new
820 ILCS 305/8.1 new
Amends the Workers' Compensation Act. Provides that an accidental injury that results from repetitive or cumulative trauma and occurs within 6 months after the employee begins employment shall not be considered by a workers' compensation insurer in setting rates. Provides for contribution by prior employers with respect to awards for repetitive or cumulative injuries. Amends the Illinois Administrative Procedure Act to authorize emergency rulemaking.
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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 1. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.35 as follows:
(5 ILCS 100/5-45.35 new)
Sec. 5-45.35. Emergency rulemaking; Workers' compensation;
repetitive and cumulative injuries. To provide for the
expeditious and timely implementation of Section 8.1 of the
Workers' Compensation Act, emergency rules implementing that
Section may be adopted in accordance with Section 5-45 by the
Illinois Workers' Compensation Commission. The adoption of
emergency rules authorized by Section 5-45 and this Section is
deemed to be necessary for the public interest, safety, and
welfare.
This Section is repealed one year after the effective date
of this amendatory Act of the 103rd General Assembly.
Section 5. The Workers' Compensation Act is amended by
adding Section 8.1 as follows:
(820 ILCS 305/8.1 new)
Sec. 8.1. Repetitive and cumulative injuries; right of

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contribution.
(a) Any accidental injury which results from repetitive or
cumulative trauma and occurs within 6 months after the
employee begins his or her employment shall not be considered
by a workers' compensation insurer in setting the premium rate
for the employer.
(b) If an award is made for benefits in connection with
repetitive or cumulative injury resulting from employment with
more than one employer, the employer liable for award or its
insurer is entitled to contributions or reimbursement from
each of the employee's prior employers which are subject to
this Act or their insurers for the prior employer's pro rata
share of responsibility as determined by the Commission. The
right to contribution or reimbursement under this Section
shall not delay, diminish, restrict, or alter in any way the
benefits to which the employee or his or her dependents are
entitled under this Act. At any time within one year after the
Commission or the Arbitrator has made an award for benefits in
connection with repetitive or cumulative injury, the employer
liable under the award or its insurer may institute
proceedings before the Commission for the purpose of
determining the right of contribution or reimbursement. The
proceeding shall not delay, diminish, restrict, or alter in
any way the benefits to which the employee or his or her
dependents are entitled under this Act, but shall be limited
to a determination of the respective contribution or

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reimbursement rights and the responsibilities of all the
employers joined in the proceeding. The employee has the duty
of rendering reasonable cooperation in any of such
proceedings.
(c) No contribution or reimbursement may be sought for any
payment of benefits more than 2 years after the employer
seeking contribution or reimbursement has made the payment.
(d) This Section shall apply only to injuries occurring on
or after the effective date of this amendatory Act of the 103rd
General Assembly.
(e) The Commission shall adopt emergency rules under
Section 5-45 of the Illinois Administrative Procedure Act to
implement the provisions of this Section.