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


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


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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1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.35 as follows:
6 (5 ILCS 100/5-45.35 new)
7 Sec. 5-45.35. Emergency rulemaking; Workers' compensation;
8repetitive and cumulative injuries. To provide for the
9expeditious and timely implementation of Section 8.1 of the
10Workers' Compensation Act, emergency rules implementing that
11Section may be adopted in accordance with Section 5-45 by the
12Illinois Workers' Compensation Commission. The adoption of
13emergency rules authorized by Section 5-45 and this Section is
14deemed to be necessary for the public interest, safety, and
15welfare.
16 This Section is repealed one year after the effective date
17of this amendatory Act of the 103rd General Assembly.
18 Section 5. The Workers' Compensation Act is amended by
19adding Section 8.1 as follows:
20 (820 ILCS 305/8.1 new)
21 Sec. 8.1. Repetitive and cumulative injuries; right of

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1contribution.
2 (a) Any accidental injury which results from repetitive or
3cumulative trauma and occurs within 6 months after the
4employee begins his or her employment shall not be considered
5by a workers' compensation insurer in setting the premium rate
6for the employer.
7 (b) If an award is made for benefits in connection with
8repetitive or cumulative injury resulting from employment with
9more than one employer, the employer liable for award or its
10insurer is entitled to contributions or reimbursement from
11each of the employee's prior employers which are subject to
12this Act or their insurers for the prior employer's pro rata
13share of responsibility as determined by the Commission. The
14right to contribution or reimbursement under this Section
15shall not delay, diminish, restrict, or alter in any way the
16benefits to which the employee or his or her dependents are
17entitled under this Act. At any time within one year after the
18Commission or the Arbitrator has made an award for benefits in
19connection with repetitive or cumulative injury, the employer
20liable under the award or its insurer may institute
21proceedings before the Commission for the purpose of
22determining the right of contribution or reimbursement. The
23proceeding shall not delay, diminish, restrict, or alter in
24any way the benefits to which the employee or his or her
25dependents are entitled under this Act, but shall be limited
26to a determination of the respective contribution or

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1reimbursement rights and the responsibilities of all the
2employers joined in the proceeding. The employee has the duty
3of rendering reasonable cooperation in any of such
4proceedings.
5 (c) No contribution or reimbursement may be sought for any
6payment of benefits more than 2 years after the employer
7seeking contribution or reimbursement has made the payment.
8 (d) This Section shall apply only to injuries occurring on
9or after the effective date of this amendatory Act of the 103rd
10General Assembly.
11 (e) The Commission shall adopt emergency rules under
12Section 5-45 of the Illinois Administrative Procedure Act to
13implement the provisions of this Section.
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