Illinois 2025-2026 Regular Session

Illinois House Bill HB1253 Latest Draft

Bill / Introduced Version Filed 01/10/2025

                            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
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
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.
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    LRB104 03222 SPS 13244 b
A BILL FOR
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  HB1253  LRB104 03222 SPS 13244 b
1  AN ACT concerning employment.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Workers' Compensation Act is amended by
5  changing Section 1 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
8  Act.
9  (a) The term "employer" as used in this Act means:
10  1. The State and each county, city, town, township,
11  incorporated village, school district, body politic, or
12  municipal corporation therein.
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
22  provisions of this Act, and who has not, prior to such
23  accident, effected a withdrawal of such election in the manner

 

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
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.
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    LRB104 03222 SPS 13244 b
A BILL FOR

 

 

820 ILCS 305/1 from Ch. 48, par. 138.1



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1  provided in this Act.
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
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
15  filing of claims provided by this Act, the timely filing of a
16  claim against a contractor or subcontractor, as the case may
17  be, shall be deemed to be a timely filing with respect to all
18  persons upon whom liability is imposed by this paragraph.
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.
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

 

 

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1  be done.
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
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.
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

 

 

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

 

 

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

 

 

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

 

 

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1  The term "employee" does not include persons performing
2  services as real estate broker, broker-salesman, or salesman
3  when such persons are paid by commission only.
4  (c) "Commission" means the Industrial Commission created
5  by Section 5 of "The Civil Administrative Code of Illinois",
6  approved March 7, 1917, as amended, or the Illinois Workers'
7  Compensation Commission created by Section 13 of this Act.
8  (d) 1. To obtain compensation under this Act, an employee
9  bears the burden of showing, by a preponderance of credible
10  the evidence, that he or she has sustained accidental injuries
11  arising out of and in the course of the employment.
12  Accidental injuries shall be considered to be arising out
13  of and in the course of employment only if the accident
14  significantly caused or contributed to both the resulting
15  condition and disability.
16  Accidental injuries shall not be considered to be arising
17  out of and in the course of employment if: (i) the accident
18  resulted from a hazard or risk that was not incidental to the
19  employment or the accident resulted from a hazard or risk to
20  which the general public is also exposed; (ii) the accident
21  did not occur at a time and place and under circumstances
22  reasonably required by the employment; or (iii) the medical
23  condition or disability for which compensation is being sought
24  resulted from a personal risk.
25  2. An injury due to repetitive or cumulative trauma is
26  compensable only if the repetitive or cumulative trauma

 

 

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1  significantly caused or contributed to both the resulting
2  medical condition and disability. Ordinary, gradual
3  deterioration or progressive degeneration of the body caused
4  by aging or by the normal activities of day-to-day living
5  shall not be compensable.
6  If the duration of the repetitive or cumulative trauma
7  which is found to be the cause of the injury is for a period of
8  fewer than 3 months and the evidence demonstrates that the
9  exposure to the repetitive or cumulative trauma with the
10  immediate prior employer significantly caused or contributed
11  to both the resulting medical condition and the disability,
12  the prior employer shall be liable for the injury.
13  3. An injury, its occupational cause, and any resulting
14  manifestations of disability must be established to a
15  reasonable degree of medical certainty, based on objective
16  relevant medical evidence.
17  (Source: P.A. 102-1030, eff. 5-27-22.)

 

 

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