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Illinois House Bill HB1253

Illinois 2025-2026 Regular Session

Illinois House Bill HB1253 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1253 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 820 ILCS 305/1 from Ch. 48, par. 138.1 Amends the Workers' Compensation Act. Provides that an injury arises out of and in the course of employment only if the accident significantly caused or contributed to both the resulting condition and the disability. Provides that an injury does not arise out of and in the course of employment if (1) the hazard or risk was not incidental to employment and was a hazard or risk to which the general public is also exposed, (2) the injury did not occur at a time and place and under circumstances reasonably required by the employment, or (3) the disability resulted from a personal risk. Limits conditions under which repetitive or cumulative trauma is compensable. Provides that gradual deterioration or progressive degeneration of the body caused by aging is not compensable as repetitive or cumulative trauma. Effective immediately. LRB104 03222 SPS 13244 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1253 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 820 ILCS 305/1 from Ch. 48, par. 138.1 820 ILCS 305/1 from Ch. 48, par. 138.1 Amends the Workers' Compensation Act. Provides that an injury arises out of and in the course of employment only if the accident significantly caused or contributed to both the resulting condition and the disability. Provides that an injury does not arise out of and in the course of employment if (1) the hazard or risk was not incidental to employment and was a hazard or risk to which the general public is also exposed, (2) the injury did not occur at a time and place and under circumstances reasonably required by the employment, or (3) the disability resulted from a personal risk. Limits conditions under which repetitive or cumulative trauma is compensable. Provides that gradual deterioration or progressive degeneration of the body caused by aging is not compensable as repetitive or cumulative trauma. Effective immediately. LRB104 03222 SPS 13244 b LRB104 03222 SPS 13244 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1253 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
33 820 ILCS 305/1 from Ch. 48, par. 138.1 820 ILCS 305/1 from Ch. 48, par. 138.1
44 820 ILCS 305/1 from Ch. 48, par. 138.1
55 Amends the Workers' Compensation Act. Provides that an injury arises out of and in the course of employment only if the accident significantly caused or contributed to both the resulting condition and the disability. Provides that an injury does not arise out of and in the course of employment if (1) the hazard or risk was not incidental to employment and was a hazard or risk to which the general public is also exposed, (2) the injury did not occur at a time and place and under circumstances reasonably required by the employment, or (3) the disability resulted from a personal risk. Limits conditions under which repetitive or cumulative trauma is compensable. Provides that gradual deterioration or progressive degeneration of the body caused by aging is not compensable as repetitive or cumulative trauma. Effective immediately.
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1111 1 AN ACT concerning employment.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Workers' Compensation Act is amended by
1515 5 changing Section 1 as follows:
1616 6 (820 ILCS 305/1) (from Ch. 48, par. 138.1)
1717 7 Sec. 1. This Act may be cited as the Workers' Compensation
1818 8 Act.
1919 9 (a) The term "employer" as used in this Act means:
2020 10 1. The State and each county, city, town, township,
2121 11 incorporated village, school district, body politic, or
2222 12 municipal corporation therein.
2323 13 2. Every person, firm, public or private corporation,
2424 14 including hospitals, public service, eleemosynary, religious
2525 15 or charitable corporations or associations who has any person
2626 16 in service or under any contract for hire, express or implied,
2727 17 oral or written, and who is engaged in any of the enterprises
2828 18 or businesses enumerated in Section 3 of this Act, or who at or
2929 19 prior to the time of the accident to the employee for which
3030 20 compensation under this Act may be claimed, has in the manner
3131 21 provided in this Act elected to become subject to the
3232 22 provisions of this Act, and who has not, prior to such
3333 23 accident, effected a withdrawal of such election in the manner
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1253 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
3838 820 ILCS 305/1 from Ch. 48, par. 138.1 820 ILCS 305/1 from Ch. 48, par. 138.1
3939 820 ILCS 305/1 from Ch. 48, par. 138.1
4040 Amends the Workers' Compensation Act. Provides that an injury arises out of and in the course of employment only if the accident significantly caused or contributed to both the resulting condition and the disability. Provides that an injury does not arise out of and in the course of employment if (1) the hazard or risk was not incidental to employment and was a hazard or risk to which the general public is also exposed, (2) the injury did not occur at a time and place and under circumstances reasonably required by the employment, or (3) the disability resulted from a personal risk. Limits conditions under which repetitive or cumulative trauma is compensable. Provides that gradual deterioration or progressive degeneration of the body caused by aging is not compensable as repetitive or cumulative trauma. Effective immediately.
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6868 1 provided in this Act.
6969 2 3. Any one engaging in any business or enterprise referred
7070 3 to in subsections 1 and 2 of Section 3 of this Act who
7171 4 undertakes to do any work enumerated therein, is liable to pay
7272 5 compensation to his own immediate employees in accordance with
7373 6 the provisions of this Act, and in addition thereto if he
7474 7 directly or indirectly engages any contractor whether
7575 8 principal or sub-contractor to do any such work, he is liable
7676 9 to pay compensation to the employees of any such contractor or
7777 10 sub-contractor unless such contractor or sub-contractor has
7878 11 insured, in any company or association authorized under the
7979 12 laws of this State to insure the liability to pay compensation
8080 13 under this Act, or guaranteed his liability to pay such
8181 14 compensation. With respect to any time limitation on the
8282 15 filing of claims provided by this Act, the timely filing of a
8383 16 claim against a contractor or subcontractor, as the case may
8484 17 be, shall be deemed to be a timely filing with respect to all
8585 18 persons upon whom liability is imposed by this paragraph.
8686 19 In the event any such person pays compensation under this
8787 20 subsection he may recover the amount thereof from the
8888 21 contractor or sub-contractor, if any, and in the event the
8989 22 contractor pays compensation under this subsection he may
9090 23 recover the amount thereof from the sub-contractor, if any.
9191 24 This subsection does not apply in any case where the
9292 25 accident occurs elsewhere than on, in or about the immediate
9393 26 premises on which the principal has contracted that the work
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104104 1 be done.
105105 2 4. Where an employer operating under and subject to the
106106 3 provisions of this Act loans an employee to another such
107107 4 employer and such loaned employee sustains a compensable
108108 5 accidental injury in the employment of such borrowing employer
109109 6 and where such borrowing employer does not provide or pay the
110110 7 benefits or payments due such injured employee, such loaning
111111 8 employer is liable to provide or pay all benefits or payments
112112 9 due such employee under this Act and as to such employee the
113113 10 liability of such loaning and borrowing employers is joint and
114114 11 several, provided that such loaning employer is in the absence
115115 12 of agreement to the contrary entitled to receive from such
116116 13 borrowing employer full reimbursement for all sums paid or
117117 14 incurred pursuant to this paragraph together with reasonable
118118 15 attorneys' fees and expenses in any hearings before the
119119 16 Illinois Workers' Compensation Commission or in any action to
120120 17 secure such reimbursement. Where any benefit is provided or
121121 18 paid by such loaning employer the employee has the duty of
122122 19 rendering reasonable cooperation in any hearings, trials or
123123 20 proceedings in the case, including such proceedings for
124124 21 reimbursement.
125125 22 Where an employee files an Application for Adjustment of
126126 23 Claim with the Illinois Workers' Compensation Commission
127127 24 alleging that his claim is covered by the provisions of the
128128 25 preceding paragraph, and joining both the alleged loaning and
129129 26 borrowing employers, they and each of them, upon written
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140140 1 demand by the employee and within 7 days after receipt of such
141141 2 demand, shall have the duty of filing with the Illinois
142142 3 Workers' Compensation Commission a written admission or denial
143143 4 of the allegation that the claim is covered by the provisions
144144 5 of the preceding paragraph and in default of such filing or if
145145 6 any such denial be ultimately determined not to have been bona
146146 7 fide then the provisions of Paragraph K of Section 19 of this
147147 8 Act shall apply.
148148 9 An employer whose business or enterprise or a substantial
149149 10 part thereof consists of hiring, procuring or furnishing
150150 11 employees to or for other employers operating under and
151151 12 subject to the provisions of this Act for the performance of
152152 13 the work of such other employers and who pays such employees
153153 14 their salary or wages notwithstanding that they are doing the
154154 15 work of such other employers shall be deemed a loaning
155155 16 employer within the meaning and provisions of this Section.
156156 17 (b) The term "employee" as used in this Act means:
157157 18 1. Every person in the service of the State, including
158158 19 members of the General Assembly, members of the Commerce
159159 20 Commission, members of the Illinois Workers' Compensation
160160 21 Commission, and all persons in the service of the University
161161 22 of Illinois, county, including deputy sheriffs and assistant
162162 23 state's attorneys, city, town, township, incorporated village
163163 24 or school district, body politic, or municipal corporation
164164 25 therein, whether by election, under appointment or contract of
165165 26 hire, express or implied, oral or written, including all
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176176 1 members of the Illinois National Guard while on active duty in
177177 2 the service of the State, and all probation personnel of the
178178 3 Juvenile Court appointed pursuant to Article VI of the
179179 4 Juvenile Court Act of 1987, and including any official of the
180180 5 State, any county, city, town, township, incorporated village,
181181 6 school district, body politic or municipal corporation therein
182182 7 except any duly appointed member of a police department in any
183183 8 city whose population exceeds 500,000 according to the last
184184 9 Federal or State census, and except any member of a fire
185185 10 insurance patrol maintained by a board of underwriters in this
186186 11 State. A duly appointed member of a fire department in any
187187 12 city, the population of which exceeds 500,000 according to the
188188 13 last federal or State census, is an employee under this Act
189189 14 only with respect to claims brought under paragraph (c) of
190190 15 Section 8.
191191 16 One employed by a contractor who has contracted with the
192192 17 State, or a county, city, town, township, incorporated
193193 18 village, school district, body politic or municipal
194194 19 corporation therein, through its representatives, is not
195195 20 considered as an employee of the State, county, city, town,
196196 21 township, incorporated village, school district, body politic
197197 22 or municipal corporation which made the contract.
198198 23 2. Every person in the service of another under any
199199 24 contract of hire, express or implied, oral or written,
200200 25 including persons whose employment is outside of the State of
201201 26 Illinois where the contract of hire is made within the State of
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212212 1 Illinois, persons whose employment results in fatal or
213213 2 non-fatal injuries within the State of Illinois where the
214214 3 contract of hire is made outside of the State of Illinois, and
215215 4 persons whose employment is principally localized within the
216216 5 State of Illinois, regardless of the place of the accident or
217217 6 the place where the contract of hire was made, and including
218218 7 noncitizens, and minors who, for the purpose of this Act are
219219 8 considered the same and have the same power to contract,
220220 9 receive payments and give quittances therefor, as adult
221221 10 employees.
222222 11 3. Every sole proprietor and every partner of a business
223223 12 may elect to be covered by this Act.
224224 13 An employee or his dependents under this Act who shall
225225 14 have a cause of action by reason of any injury, disablement or
226226 15 death arising out of and in the course of his employment may
227227 16 elect to pursue his remedy in the State where injured or
228228 17 disabled, or in the State where the contract of hire is made,
229229 18 or in the State where the employment is principally localized.
230230 19 However, any employer may elect to provide and pay
231231 20 compensation to any employee other than those engaged in the
232232 21 usual course of the trade, business, profession or occupation
233233 22 of the employer by complying with Sections 2 and 4 of this Act.
234234 23 Employees are not included within the provisions of this Act
235235 24 when excluded by the laws of the United States relating to
236236 25 liability of employers to their employees for personal
237237 26 injuries where such laws are held to be exclusive.
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248248 1 The term "employee" does not include persons performing
249249 2 services as real estate broker, broker-salesman, or salesman
250250 3 when such persons are paid by commission only.
251251 4 (c) "Commission" means the Industrial Commission created
252252 5 by Section 5 of "The Civil Administrative Code of Illinois",
253253 6 approved March 7, 1917, as amended, or the Illinois Workers'
254254 7 Compensation Commission created by Section 13 of this Act.
255255 8 (d) 1. To obtain compensation under this Act, an employee
256256 9 bears the burden of showing, by a preponderance of credible
257257 10 the evidence, that he or she has sustained accidental injuries
258258 11 arising out of and in the course of the employment.
259259 12 Accidental injuries shall be considered to be arising out
260260 13 of and in the course of employment only if the accident
261261 14 significantly caused or contributed to both the resulting
262262 15 condition and disability.
263263 16 Accidental injuries shall not be considered to be arising
264264 17 out of and in the course of employment if: (i) the accident
265265 18 resulted from a hazard or risk that was not incidental to the
266266 19 employment or the accident resulted from a hazard or risk to
267267 20 which the general public is also exposed; (ii) the accident
268268 21 did not occur at a time and place and under circumstances
269269 22 reasonably required by the employment; or (iii) the medical
270270 23 condition or disability for which compensation is being sought
271271 24 resulted from a personal risk.
272272 25 2. An injury due to repetitive or cumulative trauma is
273273 26 compensable only if the repetitive or cumulative trauma
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284284 1 significantly caused or contributed to both the resulting
285285 2 medical condition and disability. Ordinary, gradual
286286 3 deterioration or progressive degeneration of the body caused
287287 4 by aging or by the normal activities of day-to-day living
288288 5 shall not be compensable.
289289 6 If the duration of the repetitive or cumulative trauma
290290 7 which is found to be the cause of the injury is for a period of
291291 8 fewer than 3 months and the evidence demonstrates that the
292292 9 exposure to the repetitive or cumulative trauma with the
293293 10 immediate prior employer significantly caused or contributed
294294 11 to both the resulting medical condition and the disability,
295295 12 the prior employer shall be liable for the injury.
296296 13 3. An injury, its occupational cause, and any resulting
297297 14 manifestations of disability must be established to a
298298 15 reasonable degree of medical certainty, based on objective
299299 16 relevant medical evidence.
300300 17 (Source: P.A. 102-1030, eff. 5-27-22.)
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