Bill Text: IL SB3083 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Workers' Compensation Act. Provides that a borrowing employer that has entered into an agreement with a loaning employer may not avail itself of the exclusive remedy protection under the Act. Provides that any agreement between a loaning employer and a borrowing employer by which the loaning employer is entitled to receive certain reimbursements relating to fees and costs in hearings before the Illinois Workers' Compensation Commission is prohibited, is against public policy, and shall be wholly void.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-04-08 - Rule 3-9(a) / Re-referred to Assignments [SB3083 Detail]
Download: Illinois-2015-SB3083-Introduced.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Workers' Compensation Act is amended by | |||||||||||||||||||
5 | changing Section 1 as follows:
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6 | (820 ILCS 305/1) (from Ch. 48, par. 138.1)
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7 | Sec. 1. This Act may be cited as the Workers' Compensation | |||||||||||||||||||
8 | Act.
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9 | (a) The term "employer" as used in this Act means:
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10 | 1. The State and each county, city, town, township, | |||||||||||||||||||
11 | incorporated
village, school district, body politic, or | |||||||||||||||||||
12 | municipal corporation
therein.
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13 | 2. Every person, firm, public or private corporation, | |||||||||||||||||||
14 | including
hospitals, public service, eleemosynary, religious | |||||||||||||||||||
15 | or charitable
corporations or associations who has any person | |||||||||||||||||||
16 | in service or under any
contract for hire, express or implied, | |||||||||||||||||||
17 | oral or written, and who is
engaged in any of the enterprises | |||||||||||||||||||
18 | or businesses enumerated in Section 3
of this Act, or who at or | |||||||||||||||||||
19 | prior to the time of the accident to the
employee for which | |||||||||||||||||||
20 | compensation under this Act may be claimed, has in
the manner | |||||||||||||||||||
21 | provided in this Act elected to become subject to the
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22 | provisions of this Act, and who has not, prior to such | |||||||||||||||||||
23 | accident,
effected a withdrawal of such election in the manner |
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1 | provided in this Act.
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2 | 3. Any one engaging in any business or enterprise referred | ||||||
3 | to in
subsections 1 and 2 of Section 3 of this Act who | ||||||
4 | undertakes to do any
work enumerated therein, is liable to pay | ||||||
5 | compensation to his own
immediate employees in accordance with | ||||||
6 | the provisions of this Act, and
in addition thereto if he | ||||||
7 | directly or indirectly engages any contractor
whether | ||||||
8 | principal or sub-contractor to do any such work, he is liable | ||||||
9 | to
pay compensation to the employees of any such contractor or
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10 | sub-contractor unless such contractor or sub-contractor has | ||||||
11 | insured, in
any company or association authorized under the | ||||||
12 | laws of this State to
insure the liability to pay compensation | ||||||
13 | under this Act, or guaranteed
his liability to pay such | ||||||
14 | compensation. With respect to any time
limitation on the filing | ||||||
15 | of claims provided by this Act, the timely
filing of a claim | ||||||
16 | against a contractor or subcontractor, as the case may
be, | ||||||
17 | shall be deemed to be a timely filing with respect to all | ||||||
18 | persons
upon whom liability is imposed by this paragraph.
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19 | In the event any such person pays compensation under this | ||||||
20 | subsection
he may recover the amount thereof from the | ||||||
21 | contractor or sub-contractor,
if any, and in the event the | ||||||
22 | contractor pays compensation under this
subsection he may | ||||||
23 | recover the amount thereof from the sub-contractor, if any.
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24 | This subsection does not apply in any case where the | ||||||
25 | accident occurs
elsewhere than on, in or about the immediate | ||||||
26 | premises on which the
principal has contracted that the work be |
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1 | done.
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2 | 4. Where an employer operating under and subject to the | ||||||
3 | provisions
of this Act loans an employee to another such | ||||||
4 | employer and such loaned
employee sustains a compensable | ||||||
5 | accidental injury in the employment of
such borrowing employer | ||||||
6 | and where such borrowing employer does not
provide or pay the | ||||||
7 | benefits or payments due such injured employee, such
loaning | ||||||
8 | employer is liable to provide or pay all benefits or payments
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9 | due such employee under this Act and as to such employee the | ||||||
10 | liability
of such loaning and borrowing employers is joint and | ||||||
11 | several, provided
that such loaning employer is in the absence | ||||||
12 | of agreement to the
contrary entitled to receive from such | ||||||
13 | borrowing employer full
reimbursement for all sums paid or | ||||||
14 | incurred pursuant to this paragraph
together with reasonable | ||||||
15 | attorneys' fees and expenses in any hearings
before the | ||||||
16 | Illinois Workers' Compensation Commission or in any action to | ||||||
17 | secure such
reimbursement. Where any benefit is provided or | ||||||
18 | paid by such loaning
employer the employee has the duty of | ||||||
19 | rendering reasonable cooperation
in any hearings, trials or | ||||||
20 | proceedings in the case, including such
proceedings for | ||||||
21 | reimbursement.
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22 | Where an employee files an Application for Adjustment of | ||||||
23 | Claim with
the Illinois Workers' Compensation
Commission | ||||||
24 | alleging that his claim is covered by the
provisions of the | ||||||
25 | preceding paragraph, and joining both the alleged
loaning and | ||||||
26 | borrowing employers, they and each of them, upon written
demand |
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1 | by the employee and within 7 days after receipt of such demand,
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2 | shall have the duty of filing with the Illinois Workers' | ||||||
3 | Compensation Commission a written
admission or denial of the | ||||||
4 | allegation that the claim is covered by the
provisions of the | ||||||
5 | preceding paragraph and in default of such filing or
if any | ||||||
6 | such denial be ultimately determined not to have been bona fide
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7 | then the provisions of Paragraph K of Section 19 of this Act | ||||||
8 | shall apply.
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9 | An employer whose business or enterprise or a substantial | ||||||
10 | part
thereof consists of hiring, procuring or furnishing | ||||||
11 | employees to or for
other employers operating under and subject | ||||||
12 | to the provisions of this
Act for the performance of the work | ||||||
13 | of such other employers and who pays
such employees their | ||||||
14 | salary or wages notwithstanding that they are doing
the work of | ||||||
15 | such other employers shall be deemed a loaning employer
within | ||||||
16 | the meaning and provisions of this Section.
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17 | Notwithstanding any other provision of this Act to the | ||||||
18 | contrary, any borrowing employer that has entered into an | ||||||
19 | agreement with any loaning employer may not and shall not avail | ||||||
20 | itself of the exclusive remedy protection under subsection (a) | ||||||
21 | of Section 5 of this Act in any suit for a common law or | ||||||
22 | statutory right to recover damages from any such borrowing | ||||||
23 | employer. | ||||||
24 | Notwithstanding any other provision of this Act to the | ||||||
25 | contrary, any agreement between a loaning employer and any | ||||||
26 | borrowing employer by which the loaning employer is entitled to |
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1 | receive from the borrowing employer full reimbursement for all | ||||||
2 | sums paid or incurred pursuant to this paragraph and reasonable | ||||||
3 | attorney's fees and expenses in any hearings before the | ||||||
4 | Illinois Workers' Compensation Commission or in any action to | ||||||
5 | secure such reimbursement is prohibited, is against public | ||||||
6 | policy, and is wholly void. | ||||||
7 | (b) The term "employee" as used in this Act means:
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8 | 1. Every person in the service of the State, including | ||||||
9 | members of
the General Assembly, members of the Commerce | ||||||
10 | Commission, members of the
Illinois Workers' Compensation | ||||||
11 | Commission, and all persons in the service of the University
of | ||||||
12 | Illinois, county, including deputy sheriffs and assistant | ||||||
13 | state's
attorneys, city, town, township, incorporated village | ||||||
14 | or school
district, body politic, or municipal corporation | ||||||
15 | therein, whether by
election, under appointment or contract of | ||||||
16 | hire, express or implied,
oral or written, including all | ||||||
17 | members of the Illinois National Guard
while on active duty in | ||||||
18 | the service of the State, and all probation
personnel of the | ||||||
19 | Juvenile Court appointed pursuant to Article VI
of the Juvenile | ||||||
20 | Court Act of 1987, and including any official of the
State, any | ||||||
21 | county, city, town, township, incorporated village, school
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22 | district, body politic or municipal corporation therein except | ||||||
23 | any duly
appointed member of a police department in any city | ||||||
24 | whose
population exceeds 500,000 according to the last Federal | ||||||
25 | or State
census, and except any member of a fire insurance | ||||||
26 | patrol maintained by a
board of underwriters in this State. A |
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1 | duly appointed member of a fire
department in any city, the | ||||||
2 | population of which exceeds 500,000 according
to the last | ||||||
3 | federal or State census, is an employee under this Act only
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4 | with respect to claims brought under paragraph (c) of Section | ||||||
5 | 8.
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6 | One employed by a contractor who has contracted with the | ||||||
7 | State, or a
county, city, town, township, incorporated village, | ||||||
8 | school district,
body politic or municipal corporation | ||||||
9 | therein, through its
representatives, is not considered as an | ||||||
10 | employee of the State, county,
city, town, township, | ||||||
11 | incorporated village, school district, body
politic or | ||||||
12 | municipal corporation which made the contract.
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13 | 2. Every person in the service of another under any | ||||||
14 | contract of
hire, express or implied, oral or written, | ||||||
15 | including persons whose
employment is outside of the State of | ||||||
16 | Illinois where the contract of
hire is made within the State of | ||||||
17 | Illinois, persons whose employment
results in fatal or | ||||||
18 | non-fatal injuries within the State of Illinois
where the | ||||||
19 | contract of hire is made outside of the State of Illinois, and
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20 | persons whose employment is principally localized within the | ||||||
21 | State of
Illinois, regardless of the place of the accident or | ||||||
22 | the place where the
contract of hire was made, and including | ||||||
23 | aliens, and minors who, for the
purpose of this Act are | ||||||
24 | considered the same and have the same power to
contract, | ||||||
25 | receive payments and give quittances therefor, as adult | ||||||
26 | employees.
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1 | 3. Every sole proprietor and every partner of a business | ||||||
2 | may elect to
be covered by this Act.
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3 | An employee or his dependents under this Act who shall have | ||||||
4 | a cause
of action by reason of any injury, disablement or death | ||||||
5 | arising out of
and in the course of his employment may elect to | ||||||
6 | pursue his remedy in
the State where injured or disabled, or in | ||||||
7 | the State where the contract
of hire is made, or in the State | ||||||
8 | where the employment is principally
localized.
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9 | However, any employer may elect to provide and pay | ||||||
10 | compensation to
any employee other than those engaged in the | ||||||
11 | usual course of the trade,
business, profession or occupation | ||||||
12 | of the employer by complying with
Sections 2 and 4 of this Act. | ||||||
13 | Employees are not included within the
provisions of this Act | ||||||
14 | when excluded by the laws of the United States
relating to | ||||||
15 | liability of employers to their employees for personal
injuries | ||||||
16 | where such laws are held to be exclusive.
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17 | The term "employee" does not include persons performing | ||||||
18 | services as real
estate broker, broker-salesman, or salesman | ||||||
19 | when such persons are paid by
commission only.
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20 | (c) "Commission" means the Industrial Commission created | ||||||
21 | by Section
5 of "The Civil Administrative Code of Illinois", | ||||||
22 | approved March 7,
1917, as amended, or the Illinois Workers' | ||||||
23 | Compensation Commission created by Section 13 of
this Act.
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24 | (d) To obtain compensation under this Act, an employee | ||||||
25 | bears the burden of showing, by a preponderance of the | ||||||
26 | evidence, that he or she has sustained accidental injuries |
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1 | arising out of and in the course of the employment. | ||||||
2 | (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813, | ||||||
3 | eff. 7-13-12.)
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