Bill Text: IL SB1358 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Workers' Compensation Act. Provides that an employee who is required to travel in connection with his or her employment and who suffers an injury while in travel status is eligible for benefits only if the injury arises out of and in the course of employment while he or she is actively engaged in the duties of employment. 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. Provides that no employer shall be required to pay temporary partial disability benefits to an employee who has been discharged for cause. Provides that, following a hearing, the Illinois Workers' Compensation Commission may reinstate the temporary partial benefits and retroactively restore any benefits the employer should have paid if it finds the employer's discharge of the employee was not for cause. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-03-17 - Rule 3-9(a) / Re-referred to Assignments [SB1358 Detail]

Download: Illinois-2017-SB1358-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1358

Introduced 2/9/2017, by Sen. Kyle McCarter

SYNOPSIS AS INTRODUCED:
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

Amends the Workers' Compensation Act. Provides that an employee who is required to travel in connection with his or her employment and who suffers an injury while in travel status is eligible for benefits only if the injury arises out of and in the course of employment while he or she is actively engaged in the duties of employment. 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. Provides that no employer shall be required to pay temporary partial disability benefits to an employee who has been discharged for cause. Provides that, following a hearing, the Illinois Workers' Compensation Commission may reinstate the temporary partial benefits and retroactively restore any benefits the employer should have paid if it finds the employer's discharge of the employee was not for cause. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

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 5. The Workers' Compensation Act is amended by
5changing Sections 1, 8, and 10 as follows:
6 (820 ILCS 305/1) (from Ch. 48, par. 138.1)
7 Sec. 1. This Act may be cited as the Workers' Compensation
8Act.
9 (a) The term "employer" as used in this Act means:
10 1. The State and each county, city, town, township,
11incorporated village, school district, body politic, or
12municipal corporation therein.
13 2. Every person, firm, public or private corporation,
14including hospitals, public service, eleemosynary, religious
15or charitable corporations or associations who has any person
16in service or under any contract for hire, express or implied,
17oral or written, and who is engaged in any of the enterprises
18or businesses enumerated in Section 3 of this Act, or who at or
19prior to the time of the accident to the employee for which
20compensation under this Act may be claimed, has in the manner
21provided in this Act elected to become subject to the
22provisions of this Act, and who has not, prior to such
23accident, effected a withdrawal of such election in the manner

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1provided in this Act.
2 3. Any one engaging in any business or enterprise referred
3to in subsections 1 and 2 of Section 3 of this Act who
4undertakes to do any work enumerated therein, is liable to pay
5compensation to his own immediate employees in accordance with
6the provisions of this Act, and in addition thereto if he
7directly or indirectly engages any contractor whether
8principal or sub-contractor to do any such work, he is liable
9to pay compensation to the employees of any such contractor or
10sub-contractor unless such contractor or sub-contractor has
11insured, in any company or association authorized under the
12laws of this State to insure the liability to pay compensation
13under this Act, or guaranteed his liability to pay such
14compensation. With respect to any time limitation on the filing
15of claims provided by this Act, the timely filing of a claim
16against a contractor or subcontractor, as the case may be,
17shall be deemed to be a timely filing with respect to all
18persons upon whom liability is imposed by this paragraph.
19 In the event any such person pays compensation under this
20subsection he may recover the amount thereof from the
21contractor or sub-contractor, if any, and in the event the
22contractor pays compensation under this subsection he may
23recover the amount thereof from the sub-contractor, if any.
24 This subsection does not apply in any case where the
25accident occurs elsewhere than on, in or about the immediate
26premises on which the principal has contracted that the work be

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1done.
2 4. Where an employer operating under and subject to the
3provisions of this Act loans an employee to another such
4employer and such loaned employee sustains a compensable
5accidental injury in the employment of such borrowing employer
6and where such borrowing employer does not provide or pay the
7benefits or payments due such injured employee, such loaning
8employer is liable to provide or pay all benefits or payments
9due such employee under this Act and as to such employee the
10liability of such loaning and borrowing employers is joint and
11several, provided that such loaning employer is in the absence
12of agreement to the contrary entitled to receive from such
13borrowing employer full reimbursement for all sums paid or
14incurred pursuant to this paragraph together with reasonable
15attorneys' fees and expenses in any hearings before the
16Illinois Workers' Compensation Commission or in any action to
17secure such reimbursement. Where any benefit is provided or
18paid by such loaning employer the employee has the duty of
19rendering reasonable cooperation in any hearings, trials or
20proceedings in the case, including such proceedings for
21reimbursement.
22 Where an employee files an Application for Adjustment of
23Claim with the Illinois Workers' Compensation Commission
24alleging that his claim is covered by the provisions of the
25preceding paragraph, and joining both the alleged loaning and
26borrowing employers, they and each of them, upon written demand

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1by the employee and within 7 days after receipt of such demand,
2shall have the duty of filing with the Illinois Workers'
3Compensation Commission a written admission or denial of the
4allegation that the claim is covered by the provisions of the
5preceding paragraph and in default of such filing or if any
6such denial be ultimately determined not to have been bona fide
7then the provisions of Paragraph K of Section 19 of this Act
8shall apply.
9 An employer whose business or enterprise or a substantial
10part thereof consists of hiring, procuring or furnishing
11employees to or for other employers operating under and subject
12to the provisions of this Act for the performance of the work
13of such other employers and who pays such employees their
14salary or wages notwithstanding that they are doing the work of
15such other employers shall be deemed a loaning employer within
16the meaning and provisions of this Section.
17 (b) The term "employee" as used in this Act means:
18 1. Every person in the service of the State, including
19members of the General Assembly, members of the Commerce
20Commission, members of the Illinois Workers' Compensation
21Commission, and all persons in the service of the University of
22Illinois, county, including deputy sheriffs and assistant
23state's attorneys, city, town, township, incorporated village
24or school district, body politic, or municipal corporation
25therein, whether by election, under appointment or contract of
26hire, express or implied, oral or written, including all

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1members of the Illinois National Guard while on active duty in
2the service of the State, and all probation personnel of the
3Juvenile Court appointed pursuant to Article VI of the Juvenile
4Court Act of 1987, and including any official of the State, any
5county, city, town, township, incorporated village, school
6district, body politic or municipal corporation therein except
7any duly appointed member of a police department in any city
8whose population exceeds 500,000 according to the last Federal
9or State census, and except any member of a fire insurance
10patrol maintained by a board of underwriters in this State. A
11duly appointed member of a fire department in any city, the
12population of which exceeds 500,000 according to the last
13federal or State census, is an employee under this Act only
14with respect to claims brought under paragraph (c) of Section
158.
16 One employed by a contractor who has contracted with the
17State, or a county, city, town, township, incorporated village,
18school district, body politic or municipal corporation
19therein, through its representatives, is not considered as an
20employee of the State, county, city, town, township,
21incorporated village, school district, body politic or
22municipal corporation which made the contract.
23 2. Every person in the service of another under any
24contract of hire, express or implied, oral or written,
25including persons whose employment is outside of the State of
26Illinois where the contract of hire is made within the State of

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1Illinois, persons whose employment results in fatal or
2non-fatal injuries within the State of Illinois where the
3contract of hire is made outside of the State of Illinois, and
4persons whose employment is principally localized within the
5State of Illinois, regardless of the place of the accident or
6the place where the contract of hire was made, and including
7aliens, and minors who, for the purpose of this Act are
8considered the same and have the same power to contract,
9receive payments and give quittances therefor, as adult
10employees.
11 3. Every sole proprietor and every partner of a business
12may elect to be covered by this Act.
13 An employee or his dependents under this Act who shall have
14a cause of action by reason of any injury, disablement or death
15arising out of and in the course of his employment may elect to
16pursue his remedy in the State where injured or disabled, or in
17the State where the contract of hire is made, or in the State
18where the employment is principally localized.
19 However, any employer may elect to provide and pay
20compensation to any employee other than those engaged in the
21usual course of the trade, business, profession or occupation
22of the employer by complying with Sections 2 and 4 of this Act.
23Employees are not included within the provisions of this Act
24when excluded by the laws of the United States relating to
25liability of employers to their employees for personal injuries
26where such laws are held to be exclusive.

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1 The term "employee" does not include persons performing
2services as real estate broker, broker-salesman, or salesman
3when such persons are paid by commission only.
4 (c) "Commission" means the Industrial Commission created
5by Section 5 of "The Civil Administrative Code of Illinois",
6approved March 7, 1917, as amended, or the Illinois Workers'
7Compensation Commission created by Section 13 of this Act.
8 (d) To obtain compensation under this Act, an employee
9bears the burden of showing, by a preponderance of the
10evidence, that he or she has sustained accidental injuries
11arising out of and in the course of the employment. An employee
12who is required to travel in connection with his or her
13employment and who suffers an injury while in travel status
14shall be eligible for benefits only if the injury arises out of
15and in the course of employment while he or she is actively
16engaged in the duties of employment. This subsection (d)
17applies to travel necessarily incident to the performance of
18the employee's job responsibility if: (i) the employer
19furnishes the transportation or the employee receives
20reimbursement from the employer for costs of travel, gas, oil,
21or lodging as a part of the employee's benefits or employment
22agreement and the travel is necessitated by and on behalf of
23the employer as an integral part or condition of the
24employment; or (ii) the travel is required by the employer as
25part of the employee's job duties. Arising out of and in the
26course of the employment does not include travel to and from

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1work. Arising out of and in the course of employment does not
2include when an employee is on a paid or unpaid break and is
3not performing any specific tasks for the employer during the
4break.
5 (e) The term "accident" as used in this Act means an
6occurrence arising out of the employment resulting from a risk
7incidental to the employment and in the course of the
8employment at a time and place and under circumstances
9reasonably required by the employment.
10 (f) The term "injury" as used in this Act means a condition
11or impairment that arises out of and in the course of
12employment. An injury, its occupational cause, and any
13resulting manifestations of disability must be established to a
14reasonable degree of medical certainty, based on objective
15relevant medical findings, and the accidental compensable
16injury must be the major contributing cause of any resulting
17injuries. For the purposes of this Section, "major contributing
18cause" means the cause which is more than 50% responsible for
19the injury as compared to all other causes combined for which
20treatment or benefits are sought. "Injury" includes the
21aggravation of a pre-existing condition by an accident arising
22out of and in the course of the employment, but only for so
23long as the aggravation of the pre-existing condition continues
24to be the major contributing cause of the disability.
25 (1) An injury is deemed to arise out of and in the
26 course of the employment only if:

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1 (A) it is reasonably apparent, upon consideration
2 of all circumstances, that the accident is the major
3 contributing cause of the injury; and
4 (B) it does not come from a hazard or risk
5 unrelated to the employment to which employees would
6 have been equally exposed outside of the employment.
7 (2) An injury resulting directly or indirectly from
8 idiopathic causes is not compensable.
9(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813,
10eff. 7-13-12.)
11 (820 ILCS 305/8) (from Ch. 48, par. 138.8)
12 Sec. 8. The amount of compensation which shall be paid to
13the employee for an accidental injury not resulting in death
14is:
15 (a) The employer shall provide and pay the negotiated rate,
16if applicable, or the lesser of the health care provider's
17actual charges or according to a fee schedule, subject to
18Section 8.2, in effect at the time the service was rendered for
19all the necessary first aid, medical and surgical services, and
20all necessary medical, surgical and hospital services
21thereafter incurred, limited, however, to that which is
22reasonably required to cure or relieve from the effects of the
23accidental injury, even if a health care provider sells,
24transfers, or otherwise assigns an account receivable for
25procedures, treatments, or services covered under this Act. If

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1the employer does not dispute payment of first aid, medical,
2surgical, and hospital services, the employer shall make such
3payment to the provider on behalf of the employee. The employer
4shall also pay for treatment, instruction and training
5necessary for the physical, mental and vocational
6rehabilitation of the employee, including all maintenance
7costs and expenses incidental thereto. If as a result of the
8injury the employee is unable to be self-sufficient the
9employer shall further pay for such maintenance or
10institutional care as shall be required.
11 The employee may at any time elect to secure his own
12physician, surgeon and hospital services at the employer's
13expense, or,
14 Upon agreement between the employer and the employees, or
15the employees' exclusive representative, and subject to the
16approval of the Illinois Workers' Compensation Commission, the
17employer shall maintain a list of physicians, to be known as a
18Panel of Physicians, who are accessible to the employees. The
19employer shall post this list in a place or places easily
20accessible to his employees. The employee shall have the right
21to make an alternative choice of physician from such Panel if
22he is not satisfied with the physician first selected. If, due
23to the nature of the injury or its occurrence away from the
24employer's place of business, the employee is unable to make a
25selection from the Panel, the selection process from the Panel
26shall not apply. The physician selected from the Panel may

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1arrange for any consultation, referral or other specialized
2medical services outside the Panel at the employer's expense.
3Provided that, in the event the Commission shall find that a
4doctor selected by the employee is rendering improper or
5inadequate care, the Commission may order the employee to
6select another doctor certified or qualified in the medical
7field for which treatment is required. If the employee refuses
8to make such change the Commission may relieve the employer of
9his obligation to pay the doctor's charges from the date of
10refusal to the date of compliance.
11 Any vocational rehabilitation counselors who provide
12service under this Act shall have appropriate certifications
13which designate the counselor as qualified to render opinions
14relating to vocational rehabilitation. Vocational
15rehabilitation may include, but is not limited to, counseling
16for job searches, supervising a job search program, and
17vocational retraining including education at an accredited
18learning institution. The employee or employer may petition to
19the Commission to decide disputes relating to vocational
20rehabilitation and the Commission shall resolve any such
21dispute, including payment of the vocational rehabilitation
22program by the employer.
23 The maintenance benefit shall not be less than the
24temporary total disability rate determined for the employee. In
25addition, maintenance shall include costs and expenses
26incidental to the vocational rehabilitation program.

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1 When the employee is working light duty on a part-time
2basis or full-time basis and earns less than he or she would be
3earning if employed in the full capacity of the job or jobs,
4then the employee shall be entitled to temporary partial
5disability benefits. Temporary partial disability benefits
6shall be equal to two-thirds of the difference between the
7average amount that the employee would be able to earn in the
8full performance of his or her duties in the occupation in
9which he or she was engaged at the time of accident and the
10gross amount which he or she is earning in the modified job
11provided to the employee by the employer or in any other job
12that the employee is working.
13 No employer shall be required to pay temporary partial
14disability or maintenance benefits to an employee who has been
15discharged for cause. Prior to suspension of temporary partial
16disability or maintenance benefits, the employer shall provide
17notice to the employee who has been discharged for cause.
18Following a hearing, the Commission may reinstate the temporary
19partial benefits and retroactively restore any benefits the
20employer should have paid if it finds the employer's discharge
21of the employee was not for cause. "Discharge for cause" means
22a discharge resulting from the employee's voluntary violation
23of a rule or policy of the employer not caused by the
24employee's disability.
25 Every hospital, physician, surgeon or other person
26rendering treatment or services in accordance with the

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1provisions of this Section shall upon written request furnish
2full and complete reports thereof to, and permit their records
3to be copied by, the employer, the employee or his dependents,
4as the case may be, or any other party to any proceeding for
5compensation before the Commission, or their attorneys.
6 Notwithstanding the foregoing, the employer's liability to
7pay for such medical services selected by the employee shall be
8limited to:
9 (1) all first aid and emergency treatment; plus
10 (2) all medical, surgical and hospital services
11 provided by the physician, surgeon or hospital initially
12 chosen by the employee or by any other physician,
13 consultant, expert, institution or other provider of
14 services recommended by said initial service provider or
15 any subsequent provider of medical services in the chain of
16 referrals from said initial service provider; plus
17 (3) all medical, surgical and hospital services
18 provided by any second physician, surgeon or hospital
19 subsequently chosen by the employee or by any other
20 physician, consultant, expert, institution or other
21 provider of services recommended by said second service
22 provider or any subsequent provider of medical services in
23 the chain of referrals from said second service provider.
24 Thereafter the employer shall select and pay for all
25 necessary medical, surgical and hospital treatment and the
26 employee may not select a provider of medical services at

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1 the employer's expense unless the employer agrees to such
2 selection. At any time the employee may obtain any medical
3 treatment he or she desires at his or her own expense. This
4 paragraph shall not affect the duty to pay for
5 rehabilitation referred to above.
6 (4) The following shall apply for injuries occurring on
7 or after June 28, 2011 (the effective date of Public Act
8 97-18) and only when an employer has an approved preferred
9 provider program pursuant to Section 8.1a on the date the
10 employee sustained his or her accidental injuries:
11 (A) The employer shall, in writing, on a form
12 promulgated by the Commission, inform the employee of
13 the preferred provider program;
14 (B) Subsequent to the report of an injury by an
15 employee, the employee may choose in writing at any
16 time to decline the preferred provider program, in
17 which case that would constitute one of the two choices
18 of medical providers to which the employee is entitled
19 under subsection (a)(2) or (a)(3); and
20 (C) Prior to the report of an injury by an
21 employee, when an employee chooses non-emergency
22 treatment from a provider not within the preferred
23 provider program, that would constitute the employee's
24 one choice of medical providers to which the employee
25 is entitled under subsection (a)(2) or (a)(3).
26 When an employer and employee so agree in writing, nothing

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1in this Act prevents an employee whose injury or disability has
2been established under this Act, from relying in good faith, on
3treatment by prayer or spiritual means alone, in accordance
4with the tenets and practice of a recognized church or
5religious denomination, by a duly accredited practitioner
6thereof, and having nursing services appropriate therewith,
7without suffering loss or diminution of the compensation
8benefits under this Act. However, the employee shall submit to
9all physical examinations required by this Act. The cost of
10such treatment and nursing care shall be paid by the employee
11unless the employer agrees to make such payment.
12 Where the accidental injury results in the amputation of an
13arm, hand, leg or foot, or the enucleation of an eye, or the
14loss of any of the natural teeth, the employer shall furnish an
15artificial of any such members lost or damaged in accidental
16injury arising out of and in the course of employment, and
17shall also furnish the necessary braces in all proper and
18necessary cases. In cases of the loss of a member or members by
19amputation, the employer shall, whenever necessary, maintain
20in good repair, refit or replace the artificial limbs during
21the lifetime of the employee. Where the accidental injury
22accompanied by physical injury results in damage to a denture,
23eye glasses or contact eye lenses, or where the accidental
24injury results in damage to an artificial member, the employer
25shall replace or repair such denture, glasses, lenses, or
26artificial member.

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1 The furnishing by the employer of any such services or
2appliances is not an admission of liability on the part of the
3employer to pay compensation.
4 The furnishing of any such services or appliances or the
5servicing thereof by the employer is not the payment of
6compensation.
7 (b) If the period of temporary total incapacity for work
8lasts more than 3 working days, weekly compensation as
9hereinafter provided shall be paid beginning on the 4th day of
10such temporary total incapacity and continuing as long as the
11total temporary incapacity lasts. In cases where the temporary
12total incapacity for work continues for a period of 14 days or
13more from the day of the accident compensation shall commence
14on the day after the accident.
15 1. The compensation rate for temporary total
16 incapacity under this paragraph (b) of this Section shall
17 be equal to 66 2/3% of the employee's average weekly wage
18 computed in accordance with Section 10, provided that it
19 shall be not less than 66 2/3% of the sum of the Federal
20 minimum wage under the Fair Labor Standards Act, or the
21 Illinois minimum wage under the Minimum Wage Law, whichever
22 is more, multiplied by 40 hours. This percentage rate shall
23 be increased by 10% for each spouse and child, not to
24 exceed 100% of the total minimum wage calculation, nor
25 exceed the employee's average weekly wage computed in
26 accordance with the provisions of Section 10, whichever is

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1 less. No employer shall be required to pay temporary
2 partial disability or maintenance benefits to an employee
3 who has been discharged for cause. Prior to suspension of
4 temporary partial disability or maintenance benefits, the
5 employer shall provide notice to the employee who has been
6 discharged for cause. Following a hearing, the Commission
7 may reinstate the temporary partial benefits and
8 retroactively restore any benefits the employer should
9 have paid if it finds the employer's discharge of the
10 employee was not for cause. "Discharge for cause" means a
11 discharge resulting from the employee's voluntary
12 violation of a rule or policy of the employer not caused by
13 the employee's disability.
14 2. The compensation rate in all cases other than for
15 temporary total disability under this paragraph (b), and
16 other than for serious and permanent disfigurement under
17 paragraph (c) and other than for permanent partial
18 disability under subparagraph (2) of paragraph (d) or under
19 paragraph (e), of this Section shall be equal to 66 2/3% of
20 the employee's average weekly wage computed in accordance
21 with the provisions of Section 10, provided that it shall
22 be not less than 66 2/3% of the sum of the Federal minimum
23 wage under the Fair Labor Standards Act, or the Illinois
24 minimum wage under the Minimum Wage Law, whichever is more,
25 multiplied by 40 hours. This percentage rate shall be
26 increased by 10% for each spouse and child, not to exceed

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1 100% of the total minimum wage calculation, nor exceed the
2 employee's average weekly wage computed in accordance with
3 the provisions of Section 10, whichever is less.
4 2.1. The compensation rate in all cases of serious and
5 permanent disfigurement under paragraph (c) and of
6 permanent partial disability under subparagraph (2) of
7 paragraph (d) or under paragraph (e) of this Section shall
8 be equal to 60% of the employee's average weekly wage
9 computed in accordance with the provisions of Section 10,
10 provided that it shall be not less than 66 2/3% of the sum
11 of the Federal minimum wage under the Fair Labor Standards
12 Act, or the Illinois minimum wage under the Minimum Wage
13 Law, whichever is more, multiplied by 40 hours. This
14 percentage rate shall be increased by 10% for each spouse
15 and child, not to exceed 100% of the total minimum wage
16 calculation, nor exceed the employee's average weekly wage
17 computed in accordance with the provisions of Section 10,
18 whichever is less.
19 3. As used in this Section the term "child" means a
20 child of the employee including any child legally adopted
21 before the accident or whom at the time of the accident the
22 employee was under legal obligation to support or to whom
23 the employee stood in loco parentis, and who at the time of
24 the accident was under 18 years of age and not emancipated.
25 The term "children" means the plural of "child".
26 4. All weekly compensation rates provided under

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1 subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
2 Section shall be subject to the following limitations:
3 The maximum weekly compensation rate from July 1, 1975,
4 except as hereinafter provided, shall be 100% of the
5 State's average weekly wage in covered industries under the
6 Unemployment Insurance Act, that being the wage that most
7 closely approximates the State's average weekly wage.
8 The maximum weekly compensation rate, for the period
9 July 1, 1984, through June 30, 1987, except as hereinafter
10 provided, shall be $293.61. Effective July 1, 1987 and on
11 July 1 of each year thereafter the maximum weekly
12 compensation rate, except as hereinafter provided, shall
13 be determined as follows: if during the preceding 12 month
14 period there shall have been an increase in the State's
15 average weekly wage in covered industries under the
16 Unemployment Insurance Act, the weekly compensation rate
17 shall be proportionately increased by the same percentage
18 as the percentage of increase in the State's average weekly
19 wage in covered industries under the Unemployment
20 Insurance Act during such period.
21 The maximum weekly compensation rate, for the period
22 January 1, 1981 through December 31, 1983, except as
23 hereinafter provided, shall be 100% of the State's average
24 weekly wage in covered industries under the Unemployment
25 Insurance Act in effect on January 1, 1981. Effective
26 January 1, 1984 and on January 1, of each year thereafter

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1 the maximum weekly compensation rate, except as
2 hereinafter provided, shall be determined as follows: if
3 during the preceding 12 month period there shall have been
4 an increase in the State's average weekly wage in covered
5 industries under the Unemployment Insurance Act, the
6 weekly compensation rate shall be proportionately
7 increased by the same percentage as the percentage of
8 increase in the State's average weekly wage in covered
9 industries under the Unemployment Insurance Act during
10 such period.
11 From July 1, 1977 and thereafter such maximum weekly
12 compensation rate in death cases under Section 7, and
13 permanent total disability cases under paragraph (f) or
14 subparagraph 18 of paragraph (3) of this Section and for
15 temporary total disability under paragraph (b) of this
16 Section and for amputation of a member or enucleation of an
17 eye under paragraph (e) of this Section shall be increased
18 to 133-1/3% of the State's average weekly wage in covered
19 industries under the Unemployment Insurance Act.
20 For injuries occurring on or after February 1, 2006,
21 the maximum weekly benefit under paragraph (d)1 of this
22 Section shall be 100% of the State's average weekly wage in
23 covered industries under the Unemployment Insurance Act.
24 4.1. Any provision herein to the contrary
25 notwithstanding, the weekly compensation rate for
26 compensation payments under subparagraph 18 of paragraph

SB1358- 21 -LRB100 08904 JLS 19047 b
1 (e) of this Section and under paragraph (f) of this Section
2 and under paragraph (a) of Section 7 and for amputation of
3 a member or enucleation of an eye under paragraph (e) of
4 this Section, shall in no event be less than 50% of the
5 State's average weekly wage in covered industries under the
6 Unemployment Insurance Act.
7 4.2. Any provision to the contrary notwithstanding,
8 the total compensation payable under Section 7 shall not
9 exceed the greater of $500,000 or 25 years.
10 5. For the purpose of this Section this State's average
11 weekly wage in covered industries under the Unemployment
12 Insurance Act on July 1, 1975 is hereby fixed at $228.16
13 per week and the computation of compensation rates shall be
14 based on the aforesaid average weekly wage until modified
15 as hereinafter provided.
16 6. The Department of Employment Security of the State
17 shall on or before the first day of December, 1977, and on
18 or before the first day of June, 1978, and on the first day
19 of each December and June of each year thereafter, publish
20 the State's average weekly wage in covered industries under
21 the Unemployment Insurance Act and the Illinois Workers'
22 Compensation Commission shall on the 15th day of January,
23 1978 and on the 15th day of July, 1978 and on the 15th day
24 of each January and July of each year thereafter, post and
25 publish the State's average weekly wage in covered
26 industries under the Unemployment Insurance Act as last

SB1358- 22 -LRB100 08904 JLS 19047 b
1 determined and published by the Department of Employment
2 Security. The amount when so posted and published shall be
3 conclusive and shall be applicable as the basis of
4 computation of compensation rates until the next posting
5 and publication as aforesaid.
6 7. The payment of compensation by an employer or his
7 insurance carrier to an injured employee shall not
8 constitute an admission of the employer's liability to pay
9 compensation.
10 (c) For any serious and permanent disfigurement to the
11hand, head, face, neck, arm, leg below the knee or the chest
12above the axillary line, the employee is entitled to
13compensation for such disfigurement, the amount determined by
14agreement at any time or by arbitration under this Act, at a
15hearing not less than 6 months after the date of the accidental
16injury, which amount shall not exceed 150 weeks (if the
17accidental injury occurs on or after the effective date of this
18amendatory Act of the 94th General Assembly but before February
191, 2006) or 162 weeks (if the accidental injury occurs on or
20after February 1, 2006) at the applicable rate provided in
21subparagraph 2.1 of paragraph (b) of this Section.
22 No compensation is payable under this paragraph where
23compensation is payable under paragraphs (d), (e) or (f) of
24this Section.
25 A duly appointed member of a fire department in a city, the
26population of which exceeds 500,000 according to the last

SB1358- 23 -LRB100 08904 JLS 19047 b
1federal or State census, is eligible for compensation under
2this paragraph only where such serious and permanent
3disfigurement results from burns.
4 (d) 1. If, after the accidental injury has been sustained,
5the employee as a result thereof becomes partially
6incapacitated from pursuing his usual and customary line of
7employment, he shall, except in cases compensated under the
8specific schedule set forth in paragraph (e) of this Section,
9receive compensation for the duration of his disability,
10subject to the limitations as to maximum amounts fixed in
11paragraph (b) of this Section, equal to 66-2/3% of the
12difference between the average amount which he would be able to
13earn in the full performance of his duties in the occupation in
14which he was engaged at the time of the accident and the
15average amount which he is earning or is able to earn in some
16suitable employment or business after the accident. For
17accidental injuries that occur on or after September 1, 2011,
18an award for wage differential under this subsection shall be
19effective only until the employee reaches the age of 67 or 5
20years from the date the award becomes final, whichever is
21later.
22 2. If, as a result of the accident, the employee sustains
23serious and permanent injuries not covered by paragraphs (c)
24and (e) of this Section or having sustained injuries covered by
25the aforesaid paragraphs (c) and (e), he shall have sustained
26in addition thereto other injuries which injuries do not

SB1358- 24 -LRB100 08904 JLS 19047 b
1incapacitate him from pursuing the duties of his employment but
2which would disable him from pursuing other suitable
3occupations, or which have otherwise resulted in physical
4impairment; or if such injuries partially incapacitate him from
5pursuing the duties of his usual and customary line of
6employment but do not result in an impairment of earning
7capacity, or having resulted in an impairment of earning
8capacity, the employee elects to waive his right to recover
9under the foregoing subparagraph 1 of paragraph (d) of this
10Section then in any of the foregoing events, he shall receive
11in addition to compensation for temporary total disability
12under paragraph (b) of this Section, compensation at the rate
13provided in subparagraph 2.1 of paragraph (b) of this Section
14for that percentage of 500 weeks that the partial disability
15resulting from the injuries covered by this paragraph bears to
16total disability.
17 In computing the compensation to be paid to any employee
18who, before the accident for which he or she claims
19compensation, had previously sustained an injury resulting in
20the payment of compensation for a percentage of partial
21disability under this subparagraph 2, such percentage of
22partial disability shall be deducted from any award made under
23this subparagraph 2 for a subsequent injury to the same portion
24of the body as was involved in the prior injury for which
25compensation was paid; provided, however, nothing herein
26contained shall permit cumulative awards for compensation for

SB1358- 25 -LRB100 08904 JLS 19047 b
1partial disability under this subparagraph 2 to exceed 500
2weeks, which shall constitute complete loss of use of the body
3as a whole.
4 If, as a result of the accident, the employee shall have
5sustained a fracture of one or more vertebra or fracture of the
6skull, the amount of compensation allowed under this Section
7shall be not less than 6 weeks for a fractured skull and 6
8weeks for each fractured vertebra, and in the event the
9employee shall have sustained a fracture of any of the
10following facial bones: nasal, lachrymal, vomer, zygoma,
11maxilla, palatine or mandible, the amount of compensation
12allowed under this Section shall be not less than 2 weeks for
13each such fractured bone, and for a fracture of each transverse
14process not less than 3 weeks. In the event such injuries shall
15result in the loss of a kidney, spleen or lung, the amount of
16compensation allowed under this Section shall be not less than
1710 weeks for each such organ. Compensation awarded under this
18subparagraph 2 shall not take into consideration injuries
19covered under paragraphs (c) and (e) of this Section and the
20compensation provided in this paragraph shall not affect the
21employee's right to compensation payable under paragraphs (b),
22(c) and (e) of this Section for the disabilities therein
23covered.
24 (e) For accidental injuries in the following schedule, the
25employee shall receive compensation for the period of temporary
26total incapacity for work resulting from such accidental

SB1358- 26 -LRB100 08904 JLS 19047 b
1injury, under subparagraph 1 of paragraph (b) of this Section,
2and shall receive in addition thereto compensation for a
3further period for the specific loss herein mentioned, but
4shall not receive any compensation under any other provisions
5of this Act. The following listed amounts apply to either the
6loss of or the permanent and complete loss of use of the member
7specified, such compensation for the length of time as follows:
8 1. Thumb-
9 70 weeks if the accidental injury occurs on or
10 after the effective date of this amendatory Act of the
11 94th General Assembly but before February 1, 2006.
12 76 weeks if the accidental injury occurs on or
13 after February 1, 2006.
14 2. First, or index finger-
15 40 weeks if the accidental injury occurs on or
16 after the effective date of this amendatory Act of the
17 94th General Assembly but before February 1, 2006.
18 43 weeks if the accidental injury occurs on or
19 after February 1, 2006.
20 3. Second, or middle finger-
21 35 weeks if the accidental injury occurs on or
22 after the effective date of this amendatory Act of the
23 94th General Assembly but before February 1, 2006.
24 38 weeks if the accidental injury occurs on or
25 after February 1, 2006.
26 4. Third, or ring finger-

SB1358- 27 -LRB100 08904 JLS 19047 b
1 25 weeks if the accidental injury occurs on or
2 after the effective date of this amendatory Act of the
3 94th General Assembly but before February 1, 2006.
4 27 weeks if the accidental injury occurs on or
5 after February 1, 2006.
6 5. Fourth, or little finger-
7 20 weeks if the accidental injury occurs on or
8 after the effective date of this amendatory Act of the
9 94th General Assembly but before February 1, 2006.
10 22 weeks if the accidental injury occurs on or
11 after February 1, 2006.
12 6. Great toe-
13 35 weeks if the accidental injury occurs on or
14 after the effective date of this amendatory Act of the
15 94th General Assembly but before February 1, 2006.
16 38 weeks if the accidental injury occurs on or
17 after February 1, 2006.
18 7. Each toe other than great toe-
19 12 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 13 weeks if the accidental injury occurs on or
23 after February 1, 2006.
24 8. The loss of the first or distal phalanx of the thumb
25 or of any finger or toe shall be considered to be equal to
26 the loss of one-half of such thumb, finger or toe and the

SB1358- 28 -LRB100 08904 JLS 19047 b
1 compensation payable shall be one-half of the amount above
2 specified. The loss of more than one phalanx shall be
3 considered as the loss of the entire thumb, finger or toe.
4 In no case shall the amount received for more than one
5 finger exceed the amount provided in this schedule for the
6 loss of a hand.
7 9. Hand-
8 190 weeks if the accidental injury occurs on or
9 after the effective date of this amendatory Act of the
10 94th General Assembly but before February 1, 2006.
11 205 weeks if the accidental injury occurs on or
12 after February 1, 2006.
13 190 weeks if the accidental injury occurs on or
14 after June 28, 2011 (the effective date of Public Act
15 97-18) and if the accidental injury involves carpal
16 tunnel syndrome due to repetitive or cumulative
17 trauma, in which case the permanent partial disability
18 shall not exceed 15% loss of use of the hand, except
19 for cause shown by clear and convincing evidence and in
20 which case the award shall not exceed 30% loss of use
21 of the hand.
22 The loss of 2 or more digits, or one or more phalanges
23 of 2 or more digits, of a hand may be compensated on the
24 basis of partial loss of use of a hand, provided, further,
25 that the loss of 4 digits, or the loss of use of 4 digits,
26 in the same hand shall constitute the complete loss of a

SB1358- 29 -LRB100 08904 JLS 19047 b
1 hand.
2 10. Arm-
3 235 weeks if the accidental injury occurs on or
4 after the effective date of this amendatory Act of the
5 94th General Assembly but before February 1, 2006.
6 253 weeks if the accidental injury occurs on or
7 after February 1, 2006.
8 Where an accidental injury results in the amputation of
9 an arm below the elbow, such injury shall be compensated as
10 a loss of an arm. Where an accidental injury results in the
11 amputation of an arm above the elbow, compensation for an
12 additional 15 weeks (if the accidental injury occurs on or
13 after the effective date of this amendatory Act of the 94th
14 General Assembly but before February 1, 2006) or an
15 additional 17 weeks (if the accidental injury occurs on or
16 after February 1, 2006) shall be paid, except where the
17 accidental injury results in the amputation of an arm at
18 the shoulder joint, or so close to shoulder joint that an
19 artificial arm cannot be used, or results in the
20 disarticulation of an arm at the shoulder joint, in which
21 case compensation for an additional 65 weeks (if the
22 accidental injury occurs on or after the effective date of
23 this amendatory Act of the 94th General Assembly but before
24 February 1, 2006) or an additional 70 weeks (if the
25 accidental injury occurs on or after February 1, 2006)
26 shall be paid. For purposes of awards under this

SB1358- 30 -LRB100 08904 JLS 19047 b
1 subdivision (e), injuries to the shoulder shall be
2 considered to be injuries to part of the arm. This
3 amendatory Act of the 100th General Assembly is declarative
4 of existing law and is not a new enactment.
5 11. Foot-
6 155 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.
9 167 weeks if the accidental injury occurs on or
10 after February 1, 2006.
11 12. Leg-
12 200 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.
15 215 weeks if the accidental injury occurs on or
16 after February 1, 2006.
17 Where an accidental injury results in the amputation of
18 a leg below the knee, such injury shall be compensated as
19 loss of a leg. Where an accidental injury results in the
20 amputation of a leg above the knee, compensation for an
21 additional 25 weeks (if the accidental injury occurs on or
22 after the effective date of this amendatory Act of the 94th
23 General Assembly but before February 1, 2006) or an
24 additional 27 weeks (if the accidental injury occurs on or
25 after February 1, 2006) shall be paid, except where the
26 accidental injury results in the amputation of a leg at the

SB1358- 31 -LRB100 08904 JLS 19047 b
1 hip joint, or so close to the hip joint that an artificial
2 leg cannot be used, or results in the disarticulation of a
3 leg at the hip joint, in which case compensation for an
4 additional 75 weeks (if the accidental injury occurs on or
5 after the effective date of this amendatory Act of the 94th
6 General Assembly but before February 1, 2006) or an
7 additional 81 weeks (if the accidental injury occurs on or
8 after February 1, 2006) shall be paid.
9 For purposes of awards under this subdivision (e), injuries
10to the hip shall be considered to be injuries to part of the
11leg. This amendatory Act of the 100th General Assembly is
12declarative of existing law and is not a new enactment.
13 13. Eye-
14 150 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.
17 162 weeks if the accidental injury occurs on or
18 after February 1, 2006.
19 Where an accidental injury results in the enucleation
20 of an eye, compensation for an additional 10 weeks (if the
21 accidental injury occurs on or after the effective date of
22 this amendatory Act of the 94th General Assembly but before
23 February 1, 2006) or an additional 11 weeks (if the
24 accidental injury occurs on or after February 1, 2006)
25 shall be paid.
26 14. Loss of hearing of one ear-

SB1358- 32 -LRB100 08904 JLS 19047 b
1 50 weeks if the accidental injury occurs on or
2 after the effective date of this amendatory Act of the
3 94th General Assembly but before February 1, 2006.
4 54 weeks if the accidental injury occurs on or
5 after February 1, 2006.
6 Total and permanent loss of hearing of both ears-
7 200 weeks if the accidental injury occurs on or
8 after the effective date of this amendatory Act of the
9 94th General Assembly but before February 1, 2006.
10 215 weeks if the accidental injury occurs on or
11 after February 1, 2006.
12 15. Testicle-
13 50 weeks if the accidental injury occurs on or
14 after the effective date of this amendatory Act of the
15 94th General Assembly but before February 1, 2006.
16 54 weeks if the accidental injury occurs on or
17 after February 1, 2006.
18 Both testicles-
19 150 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.
22 162 weeks if the accidental injury occurs on or
23 after February 1, 2006.
24 16. For the permanent partial loss of use of a member
25 or sight of an eye, or hearing of an ear, compensation
26 during that proportion of the number of weeks in the

SB1358- 33 -LRB100 08904 JLS 19047 b
1 foregoing schedule provided for the loss of such member or
2 sight of an eye, or hearing of an ear, which the partial
3 loss of use thereof bears to the total loss of use of such
4 member, or sight of eye, or hearing of an ear.
5 (a) Loss of hearing for compensation purposes
6 shall be confined to the frequencies of 1,000, 2,000
7 and 3,000 cycles per second. Loss of hearing ability
8 for frequency tones above 3,000 cycles per second are
9 not to be considered as constituting disability for
10 hearing.
11 (b) The percent of hearing loss, for purposes of
12 the determination of compensation claims for
13 occupational deafness, shall be calculated as the
14 average in decibels for the thresholds of hearing for
15 the frequencies of 1,000, 2,000 and 3,000 cycles per
16 second. Pure tone air conduction audiometric
17 instruments, approved by nationally recognized
18 authorities in this field, shall be used for measuring
19 hearing loss. If the losses of hearing average 30
20 decibels or less in the 3 frequencies, such losses of
21 hearing shall not then constitute any compensable
22 hearing disability. If the losses of hearing average 85
23 decibels or more in the 3 frequencies, then the same
24 shall constitute and be total or 100% compensable
25 hearing loss.
26 (c) In measuring hearing impairment, the lowest

SB1358- 34 -LRB100 08904 JLS 19047 b
1 measured losses in each of the 3 frequencies shall be
2 added together and divided by 3 to determine the
3 average decibel loss. For every decibel of loss
4 exceeding 30 decibels an allowance of 1.82% shall be
5 made up to the maximum of 100% which is reached at 85
6 decibels.
7 (d) If a hearing loss is established to have
8 existed on July 1, 1975 by audiometric testing the
9 employer shall not be liable for the previous loss so
10 established nor shall he be liable for any loss for
11 which compensation has been paid or awarded.
12 (e) No consideration shall be given to the question
13 of whether or not the ability of an employee to
14 understand speech is improved by the use of a hearing
15 aid.
16 (f) No claim for loss of hearing due to industrial
17 noise shall be brought against an employer or allowed
18 unless the employee has been exposed for a period of
19 time sufficient to cause permanent impairment to noise
20 levels in excess of the following:
21Sound Level DBA
22Slow ResponseHours Per Day
23908
24926
25954
26973

SB1358- 35 -LRB100 08904 JLS 19047 b
11002
21021-1/2
31051
41101/2
51151/4
6 This subparagraph (f) shall not be applied in cases of
7 hearing loss resulting from trauma or explosion.
8 17. In computing the compensation to be paid to any
9 employee who, before the accident for which he claims
10 compensation, had before that time sustained an injury
11 resulting in the loss by amputation or partial loss by
12 amputation of any member, including hand, arm, thumb or
13 fingers, leg, foot or any toes, such loss or partial loss
14 of any such member shall be deducted from any award made
15 for the subsequent injury. For the permanent loss of use or
16 the permanent partial loss of use of any such member or the
17 partial loss of sight of an eye, for which compensation has
18 been paid, then such loss shall be taken into consideration
19 and deducted from any award for the subsequent injury.
20 18. The specific case of loss of both hands, both arms,
21 or both feet, or both legs, or both eyes, or of any two
22 thereof, or the permanent and complete loss of the use
23 thereof, constitutes total and permanent disability, to be
24 compensated according to the compensation fixed by
25 paragraph (f) of this Section. These specific cases of
26 total and permanent disability do not exclude other cases.

SB1358- 36 -LRB100 08904 JLS 19047 b
1 Any employee who has previously suffered the loss or
2 permanent and complete loss of the use of any of such
3 members, and in a subsequent independent accident loses
4 another or suffers the permanent and complete loss of the
5 use of any one of such members the employer for whom the
6 injured employee is working at the time of the last
7 independent accident is liable to pay compensation only for
8 the loss or permanent and complete loss of the use of the
9 member occasioned by the last independent accident.
10 19. In a case of specific loss and the subsequent death
11 of such injured employee from other causes than such injury
12 leaving a widow, widower, or dependents surviving before
13 payment or payment in full for such injury, then the amount
14 due for such injury is payable to the widow or widower and,
15 if there be no widow or widower, then to such dependents,
16 in the proportion which such dependency bears to total
17 dependency.
18 Beginning July 1, 1980, and every 6 months thereafter, the
19Commission shall examine the Second Injury Fund and when, after
20deducting all advances or loans made to such Fund, the amount
21therein is $500,000 then the amount required to be paid by
22employers pursuant to paragraph (f) of Section 7 shall be
23reduced by one-half. When the Second Injury Fund reaches the
24sum of $600,000 then the payments shall cease entirely.
25However, when the Second Injury Fund has been reduced to
26$400,000, payment of one-half of the amounts required by

SB1358- 37 -LRB100 08904 JLS 19047 b
1paragraph (f) of Section 7 shall be resumed, in the manner
2herein provided, and when the Second Injury Fund has been
3reduced to $300,000, payment of the full amounts required by
4paragraph (f) of Section 7 shall be resumed, in the manner
5herein provided. The Commission shall make the changes in
6payment effective by general order, and the changes in payment
7become immediately effective for all cases coming before the
8Commission thereafter either by settlement agreement or final
9order, irrespective of the date of the accidental injury.
10 On August 1, 1996 and on February 1 and August 1 of each
11subsequent year, the Commission shall examine the special fund
12designated as the "Rate Adjustment Fund" and when, after
13deducting all advances or loans made to said fund, the amount
14therein is $4,000,000, the amount required to be paid by
15employers pursuant to paragraph (f) of Section 7 shall be
16reduced by one-half. When the Rate Adjustment Fund reaches the
17sum of $5,000,000 the payment therein shall cease entirely.
18However, when said Rate Adjustment Fund has been reduced to
19$3,000,000 the amounts required by paragraph (f) of Section 7
20shall be resumed in the manner herein provided.
21 (f) In case of complete disability, which renders the
22employee wholly and permanently incapable of work, or in the
23specific case of total and permanent disability as provided in
24subparagraph 18 of paragraph (e) of this Section, compensation
25shall be payable at the rate provided in subparagraph 2 of
26paragraph (b) of this Section for life.

SB1358- 38 -LRB100 08904 JLS 19047 b
1 An employee entitled to benefits under paragraph (f) of
2this Section shall also be entitled to receive from the Rate
3Adjustment Fund provided in paragraph (f) of Section 7 of the
4supplementary benefits provided in paragraph (g) of this
5Section 8.
6 If any employee who receives an award under this paragraph
7afterwards returns to work or is able to do so, and earns or is
8able to earn as much as before the accident, payments under
9such award shall cease. If such employee returns to work, or is
10able to do so, and earns or is able to earn part but not as much
11as before the accident, such award shall be modified so as to
12conform to an award under paragraph (d) of this Section. If
13such award is terminated or reduced under the provisions of
14this paragraph, such employees have the right at any time
15within 30 months after the date of such termination or
16reduction to file petition with the Commission for the purpose
17of determining whether any disability exists as a result of the
18original accidental injury and the extent thereof.
19 Disability as enumerated in subdivision 18, paragraph (e)
20of this Section is considered complete disability.
21 If an employee who had previously incurred loss or the
22permanent and complete loss of use of one member, through the
23loss or the permanent and complete loss of the use of one hand,
24one arm, one foot, one leg, or one eye, incurs permanent and
25complete disability through the loss or the permanent and
26complete loss of the use of another member, he shall receive,

SB1358- 39 -LRB100 08904 JLS 19047 b
1in addition to the compensation payable by the employer and
2after such payments have ceased, an amount from the Second
3Injury Fund provided for in paragraph (f) of Section 7, which,
4together with the compensation payable from the employer in
5whose employ he was when the last accidental injury was
6incurred, will equal the amount payable for permanent and
7complete disability as provided in this paragraph of this
8Section.
9 The custodian of the Second Injury Fund provided for in
10paragraph (f) of Section 7 shall be joined with the employer as
11a party respondent in the application for adjustment of claim.
12The application for adjustment of claim shall state briefly and
13in general terms the approximate time and place and manner of
14the loss of the first member.
15 In its award the Commission or the Arbitrator shall
16specifically find the amount the injured employee shall be
17weekly paid, the number of weeks compensation which shall be
18paid by the employer, the date upon which payments begin out of
19the Second Injury Fund provided for in paragraph (f) of Section
207 of this Act, the length of time the weekly payments continue,
21the date upon which the pension payments commence and the
22monthly amount of the payments. The Commission shall 30 days
23after the date upon which payments out of the Second Injury
24Fund have begun as provided in the award, and every month
25thereafter, prepare and submit to the State Comptroller a
26voucher for payment for all compensation accrued to that date

SB1358- 40 -LRB100 08904 JLS 19047 b
1at the rate fixed by the Commission. The State Comptroller
2shall draw a warrant to the injured employee along with a
3receipt to be executed by the injured employee and returned to
4the Commission. The endorsed warrant and receipt is a full and
5complete acquittance to the Commission for the payment out of
6the Second Injury Fund. No other appropriation or warrant is
7necessary for payment out of the Second Injury Fund. The Second
8Injury Fund is appropriated for the purpose of making payments
9according to the terms of the awards.
10 As of July 1, 1980 to July 1, 1982, all claims against and
11obligations of the Second Injury Fund shall become claims
12against and obligations of the Rate Adjustment Fund to the
13extent there is insufficient money in the Second Injury Fund to
14pay such claims and obligations. In that case, all references
15to "Second Injury Fund" in this Section shall also include the
16Rate Adjustment Fund.
17 (g) Every award for permanent total disability entered by
18the Commission on and after July 1, 1965 under which
19compensation payments shall become due and payable after the
20effective date of this amendatory Act, and every award for
21death benefits or permanent total disability entered by the
22Commission on and after the effective date of this amendatory
23Act shall be subject to annual adjustments as to the amount of
24the compensation rate therein provided. Such adjustments shall
25first be made on July 15, 1977, and all awards made and entered
26prior to July 1, 1975 and on July 15 of each year thereafter.

SB1358- 41 -LRB100 08904 JLS 19047 b
1In all other cases such adjustment shall be made on July 15 of
2the second year next following the date of the entry of the
3award and shall further be made on July 15 annually thereafter.
4If during the intervening period from the date of the entry of
5the award, or the last periodic adjustment, there shall have
6been an increase in the State's average weekly wage in covered
7industries under the Unemployment Insurance Act, the weekly
8compensation rate shall be proportionately increased by the
9same percentage as the percentage of increase in the State's
10average weekly wage in covered industries under the
11Unemployment Insurance Act. The increase in the compensation
12rate under this paragraph shall in no event bring the total
13compensation rate to an amount greater than the prevailing
14maximum rate at the time that the annual adjustment is made.
15Such increase shall be paid in the same manner as herein
16provided for payments under the Second Injury Fund to the
17injured employee, or his dependents, as the case may be, out of
18the Rate Adjustment Fund provided in paragraph (f) of Section 7
19of this Act. Payments shall be made at the same intervals as
20provided in the award or, at the option of the Commission, may
21be made in quarterly payment on the 15th day of January, April,
22July and October of each year. In the event of a decrease in
23such average weekly wage there shall be no change in the then
24existing compensation rate. The within paragraph shall not
25apply to cases where there is disputed liability and in which a
26compromise lump sum settlement between the employer and the

SB1358- 42 -LRB100 08904 JLS 19047 b
1injured employee, or his dependents, as the case may be, has
2been duly approved by the Illinois Workers' Compensation
3Commission.
4 Provided, that in cases of awards entered by the Commission
5for injuries occurring before July 1, 1975, the increases in
6the compensation rate adjusted under the foregoing provision of
7this paragraph (g) shall be limited to increases in the State's
8average weekly wage in covered industries under the
9Unemployment Insurance Act occurring after July 1, 1975.
10 For every accident occurring on or after July 20, 2005 but
11before the effective date of this amendatory Act of the 94th
12General Assembly (Senate Bill 1283 of the 94th General
13Assembly), the annual adjustments to the compensation rate in
14awards for death benefits or permanent total disability, as
15provided in this Act, shall be paid by the employer. The
16adjustment shall be made by the employer on July 15 of the
17second year next following the date of the entry of the award
18and shall further be made on July 15 annually thereafter. If
19during the intervening period from the date of the entry of the
20award, or the last periodic adjustment, there shall have been
21an increase in the State's average weekly wage in covered
22industries under the Unemployment Insurance Act, the employer
23shall increase the weekly compensation rate proportionately by
24the same percentage as the percentage of increase in the
25State's average weekly wage in covered industries under the
26Unemployment Insurance Act. The increase in the compensation

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1rate under this paragraph shall in no event bring the total
2compensation rate to an amount greater than the prevailing
3maximum rate at the time that the annual adjustment is made. In
4the event of a decrease in such average weekly wage there shall
5be no change in the then existing compensation rate. Such
6increase shall be paid by the employer in the same manner and
7at the same intervals as the payment of compensation in the
8award. This paragraph shall not apply to cases where there is
9disputed liability and in which a compromise lump sum
10settlement between the employer and the injured employee, or
11his or her dependents, as the case may be, has been duly
12approved by the Illinois Workers' Compensation Commission.
13 The annual adjustments for every award of death benefits or
14permanent total disability involving accidents occurring
15before July 20, 2005 and accidents occurring on or after the
16effective date of this amendatory Act of the 94th General
17Assembly (Senate Bill 1283 of the 94th General Assembly) shall
18continue to be paid from the Rate Adjustment Fund pursuant to
19this paragraph and Section 7(f) of this Act.
20 (h) In case death occurs from any cause before the total
21compensation to which the employee would have been entitled has
22been paid, then in case the employee leaves any widow, widower,
23child, parent (or any grandchild, grandparent or other lineal
24heir or any collateral heir dependent at the time of the
25accident upon the earnings of the employee to the extent of 50%
26or more of total dependency) such compensation shall be paid to

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1the beneficiaries of the deceased employee and distributed as
2provided in paragraph (g) of Section 7.
3 (h-1) In case an injured employee is under legal disability
4at the time when any right or privilege accrues to him or her
5under this Act, a guardian may be appointed pursuant to law,
6and may, on behalf of such person under legal disability, claim
7and exercise any such right or privilege with the same effect
8as if the employee himself or herself had claimed or exercised
9the right or privilege. No limitations of time provided by this
10Act run so long as the employee who is under legal disability
11is without a conservator or guardian.
12 (i) In case the injured employee is under 16 years of age
13at the time of the accident and is illegally employed, the
14amount of compensation payable under paragraphs (b), (c), (d),
15(e) and (f) of this Section is increased 50%.
16 However, where an employer has on file an employment
17certificate issued pursuant to the Child Labor Law or work
18permit issued pursuant to the Federal Fair Labor Standards Act,
19as amended, or a birth certificate properly and duly issued,
20such certificate, permit or birth certificate is conclusive
21evidence as to the age of the injured minor employee for the
22purposes of this Section.
23 Nothing herein contained repeals or amends the provisions
24of the Child Labor Law relating to the employment of minors
25under the age of 16 years.
26 (j) 1. In the event the injured employee receives benefits,

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1including medical, surgical or hospital benefits under any
2group plan covering non-occupational disabilities contributed
3to wholly or partially by the employer, which benefits should
4not have been payable if any rights of recovery existed under
5this Act, then such amounts so paid to the employee from any
6such group plan as shall be consistent with, and limited to,
7the provisions of paragraph 2 hereof, shall be credited to or
8against any compensation payment for temporary total
9incapacity for work or any medical, surgical or hospital
10benefits made or to be made under this Act. In such event, the
11period of time for giving notice of accidental injury and
12filing application for adjustment of claim does not commence to
13run until the termination of such payments. This paragraph does
14not apply to payments made under any group plan which would
15have been payable irrespective of an accidental injury under
16this Act. Any employer receiving such credit shall keep such
17employee safe and harmless from any and all claims or
18liabilities that may be made against him by reason of having
19received such payments only to the extent of such credit.
20 Any excess benefits paid to or on behalf of a State
21employee by the State Employees' Retirement System under
22Article 14 of the Illinois Pension Code on a death claim or
23disputed disability claim shall be credited against any
24payments made or to be made by the State of Illinois to or on
25behalf of such employee under this Act, except for payments for
26medical expenses which have already been incurred at the time

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1of the award. The State of Illinois shall directly reimburse
2the State Employees' Retirement System to the extent of such
3credit.
4 2. Nothing contained in this Act shall be construed to give
5the employer or the insurance carrier the right to credit for
6any benefits or payments received by the employee other than
7compensation payments provided by this Act, and where the
8employee receives payments other than compensation payments,
9whether as full or partial salary, group insurance benefits,
10bonuses, annuities or any other payments, the employer or
11insurance carrier shall receive credit for each such payment
12only to the extent of the compensation that would have been
13payable during the period covered by such payment.
14 3. The extension of time for the filing of an Application
15for Adjustment of Claim as provided in paragraph 1 above shall
16not apply to those cases where the time for such filing had
17expired prior to the date on which payments or benefits
18enumerated herein have been initiated or resumed. Provided
19however that this paragraph 3 shall apply only to cases wherein
20the payments or benefits hereinabove enumerated shall be
21received after July 1, 1969.
22(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813,
23eff. 7-13-12.)
24 (820 ILCS 305/10) (from Ch. 48, par. 138.10)
25 Sec. 10. The basis for computing the compensation provided

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1for in Sections 7 and 8 of the Act shall be as follows:
2 (1) The compensation shall be computed on the basis of the
3"Average weekly wage" which shall mean the actual earnings of
4the employee in the employment in which he was working at the
5time of the injury during the period of 52 weeks ending with
6the last day of the employee's last full pay period immediately
7preceding the date of injury, illness or disablement excluding
8overtime, and bonus divided by 52; but if the injured employee
9lost 5 or more calendar days during such period, whether or not
10in the same week, then the earnings for the remainder of such
1152 weeks shall be divided by the number of weeks and parts
12thereof remaining after the time so lost has been deducted.
13 (2) Where the employment prior to the injury extended over
14a period of less than 52 weeks, or where the employment is
15noncontinuous or less than full-time, or the employee lost one
16or more calendar days during that period, the earnings earned
17during that period shall be divided by the number of weeks
18during which the employee worked, regardless of the number of
19hours worked during that week.
20 (3) When the employee is working concurrently with 2 or
21more employers and the respondent employer has knowledge of
22such additional employment prior to the injury, his or her
23wages from all such employers shall be considered as if earned
24from the employer liable for compensation.
25 (4) Each week during which the employee earned wages counts
26as one week for purposes of computation under subdivisions (1),

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1(2) and (3), regardless of the number of hours worked during
2that week the method of dividing the earnings during that
3period by the number of weeks and parts thereof during which
4the employee actually earned wages shall be followed.
5 (5) Where by reason of the shortness of the time during
6which the employee has been in the employment of his employer
7or of the casual nature or terms of the employment, it is
8impractical to compute the average weekly wages as above
9defined, regard shall be had to the average weekly amount which
10during the 52 weeks previous to the injury, illness or
11disablement was being or would have been earned by a person in
12the same grade employed at the same work for each of such 52
13weeks for the same number of hours per week by the same
14employer. In the case of volunteer firemen, police and civil
15defense members or trainees, the income benefits shall be based
16on the average weekly wage in their regular employment. When
17the employee is working concurrently with two or more employers
18and the respondent employer has knowledge of such employment
19prior to the injury, his wages from all such employers shall be
20considered as if earned from the employer liable for
21compensation.
22(Source: P.A. 81-1482.)
23 Section 99. Effective date. This Act takes effect upon
24becoming law.
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