Illinois House Bill HB1254 Latest Draft

                            104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1254 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 820 ILCS 305/8 from Ch. 48, par. 138.8 Amends the Workers' Compensation Act. Makes changes to the compensation periods for accidental injuries resulting in the loss of or the permanent and complete loss of use of the thumb, fingers, or toes; the amputation of an arm, foot, or leg; the enucleation of an eye; and other injuries to reduce the compensation to the amounts in effect for injuries occurring before February 1, 2006. Effective immediately. LRB104 03226 SPS 13248 b   A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1254 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:  820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/8 from Ch. 48, par. 138.8 Amends the Workers' Compensation Act. Makes changes to the compensation periods for accidental injuries resulting in the loss of or the permanent and complete loss of use of the thumb, fingers, or toes; the amputation of an arm, foot, or leg; the enucleation of an eye; and other injuries to reduce the compensation to the amounts in effect for injuries occurring before February 1, 2006. Effective immediately.  LRB104 03226 SPS 13248 b     LRB104 03226 SPS 13248 b   A BILL FOR
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1254 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/8 from Ch. 48, par. 138.8
820 ILCS 305/8 from Ch. 48, par. 138.8
Amends the Workers' Compensation Act. Makes changes to the compensation periods for accidental injuries resulting in the loss of or the permanent and complete loss of use of the thumb, fingers, or toes; the amputation of an arm, foot, or leg; the enucleation of an eye; and other injuries to reduce the compensation to the amounts in effect for injuries occurring before February 1, 2006. Effective immediately.
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    LRB104 03226 SPS 13248 b
A BILL FOR
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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 8 as follows:
6  (820 ILCS 305/8) (from Ch. 48, par. 138.8)
7  (Text of Section before amendment by P.A. 103-721)
8  Sec. 8. The amount of compensation which shall be paid to
9  the employee for an accidental injury not resulting in death
10  is:
11  (a) The employer shall provide and pay the negotiated
12  rate, if applicable, or the lesser of the health care
13  provider's actual charges or according to a fee schedule,
14  subject to Section 8.2, in effect at the time the service was
15  rendered for all the necessary first aid, medical and surgical
16  services, and all necessary medical, surgical and hospital
17  services thereafter incurred, limited, however, to that which
18  is reasonably required to cure or relieve from the effects of
19  the accidental injury, even if a health care provider sells,
20  transfers, or otherwise assigns an account receivable for
21  procedures, treatments, or services covered under this Act. If
22  the employer does not dispute payment of first aid, medical,
23  surgical, and hospital services, the employer shall make such

 

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1254 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/8 from Ch. 48, par. 138.8
820 ILCS 305/8 from Ch. 48, par. 138.8
Amends the Workers' Compensation Act. Makes changes to the compensation periods for accidental injuries resulting in the loss of or the permanent and complete loss of use of the thumb, fingers, or toes; the amputation of an arm, foot, or leg; the enucleation of an eye; and other injuries to reduce the compensation to the amounts in effect for injuries occurring before February 1, 2006. Effective immediately.
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    LRB104 03226 SPS 13248 b
A BILL FOR

 

 

820 ILCS 305/8 from Ch. 48, par. 138.8



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

 

 

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

 

 

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1  earning if employed in the full capacity of the job or jobs,
2  then the employee shall be entitled to temporary partial
3  disability benefits. Temporary partial disability benefits
4  shall be equal to two-thirds of the difference between the
5  average amount that the employee would be able to earn in the
6  full performance of his or her duties in the occupation in
7  which he or she was engaged at the time of accident and the
8  gross amount which he or she is earning in the modified job
9  provided to the employee by the employer or in any other job
10  that the employee is working.
11  Every hospital, physician, surgeon or other person
12  rendering treatment or services in accordance with the
13  provisions of this Section shall upon written request furnish
14  full and complete reports thereof to, and permit their records
15  to be copied by, the employer, the employee or his dependents,
16  as the case may be, or any other party to any proceeding for
17  compensation before the Commission, or their attorneys.
18  Notwithstanding the foregoing, the employer's liability to
19  pay for such medical services selected by the employee shall
20  be limited to:
21  (1) all first aid and emergency treatment; plus
22  (2) all medical, surgical and hospital services
23  provided by the physician, surgeon or hospital initially
24  chosen by the employee or by any other physician,
25  consultant, expert, institution or other provider of
26  services recommended by said initial service provider or

 

 

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1  any subsequent provider of medical services in the chain
2  of referrals from said initial service provider; plus
3  (3) all medical, surgical and hospital services
4  provided by any second physician, surgeon or hospital
5  subsequently chosen by the employee or by any other
6  physician, consultant, expert, institution or other
7  provider of services recommended by said second service
8  provider or any subsequent provider of medical services in
9  the chain of referrals from said second service provider.
10  Thereafter the employer shall select and pay for all
11  necessary medical, surgical and hospital treatment and the
12  employee may not select a provider of medical services at
13  the employer's expense unless the employer agrees to such
14  selection. At any time the employee may obtain any medical
15  treatment he desires at his own expense. This paragraph
16  shall not affect the duty to pay for rehabilitation
17  referred to above.
18  (4) The following shall apply for injuries occurring
19  on or after June 28, 2011 (the effective date of Public Act
20  97-18) and only when an employer has an approved preferred
21  provider program pursuant to Section 8.1a on the date the
22  employee sustained his or her accidental injuries:
23  (A) The employer shall, in writing, on a form
24  promulgated by the Commission, inform the employee of
25  the preferred provider program;
26  (B) Subsequent to the report of an injury by an

 

 

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1  employee, the employee may choose in writing at any
2  time to decline the preferred provider program, in
3  which case that would constitute one of the two
4  choices of medical providers to which the employee is
5  entitled under subsection (a)(2) or (a)(3); and
6  (C) Prior to the report of an injury by an
7  employee, when an employee chooses non-emergency
8  treatment from a provider not within the preferred
9  provider program, that would constitute the employee's
10  one choice of medical providers to which the employee
11  is entitled under subsection (a)(2) or (a)(3).
12  When an employer and employee so agree in writing, nothing
13  in this Act prevents an employee whose injury or disability
14  has been established under this Act, from relying in good
15  faith, on treatment by prayer or spiritual means alone, in
16  accordance with the tenets and practice of a recognized church
17  or religious denomination, by a duly accredited practitioner
18  thereof, and having nursing services appropriate therewith,
19  without suffering loss or diminution of the compensation
20  benefits under this Act. However, the employee shall submit to
21  all physical examinations required by this Act. The cost of
22  such treatment and nursing care shall be paid by the employee
23  unless the employer agrees to make such payment.
24  Where the accidental injury results in the amputation of
25  an arm, hand, leg or foot, or the enucleation of an eye, or the
26  loss of any of the natural teeth, the employer shall furnish an

 

 

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1  artificial of any such members lost or damaged in accidental
2  injury arising out of and in the course of employment, and
3  shall also furnish the necessary braces in all proper and
4  necessary cases. In cases of the loss of a member or members by
5  amputation, the employer shall, whenever necessary, maintain
6  in good repair, refit or replace the artificial limbs during
7  the lifetime of the employee. Where the accidental injury
8  accompanied by physical injury results in damage to a denture,
9  eye glasses or contact eye lenses, or where the accidental
10  injury results in damage to an artificial member, the employer
11  shall replace or repair such denture, glasses, lenses, or
12  artificial member.
13  The furnishing by the employer of any such services or
14  appliances is not an admission of liability on the part of the
15  employer to pay compensation.
16  The furnishing of any such services or appliances or the
17  servicing thereof by the employer is not the payment of
18  compensation.
19  (b) If the period of temporary total incapacity for work
20  lasts more than 3 working days, weekly compensation as
21  hereinafter provided shall be paid beginning on the 4th day of
22  such temporary total incapacity and continuing as long as the
23  total temporary incapacity lasts. In cases where the temporary
24  total incapacity for work continues for a period of 14 days or
25  more from the day of the accident compensation shall commence
26  on the day after the accident.

 

 

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1  1. The compensation rate for temporary total
2  incapacity under this paragraph (b) of this Section shall
3  be equal to 66 2/3% of the employee's average weekly wage
4  computed in accordance with Section 10, provided that it
5  shall be not less than 66 2/3% of the sum of the Federal
6  minimum wage under the Fair Labor Standards Act, or the
7  Illinois minimum wage under the Minimum Wage Law,
8  whichever is more, multiplied by 40 hours. This percentage
9  rate shall be increased by 10% for each spouse and child,
10  not to exceed 100% of the total minimum wage calculation,
11  nor exceed the employee's average weekly wage computed in
12  accordance with the provisions of Section 10, whichever is
13  less.
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
19  under paragraph (e), of this Section shall be equal to 66
20  2/3% of the employee's average weekly wage computed in
21  accordance with the provisions of Section 10, provided
22  that it shall be not less than 66 2/3% of the sum of the
23  Federal minimum wage under the Fair Labor Standards Act,
24  or the Illinois minimum wage under the Minimum Wage Law,
25  whichever is more, multiplied by 40 hours. This percentage
26  rate shall be increased by 10% for each spouse and child,

 

 

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

 

 

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

 

 

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1  Insurance Act in effect on January 1, 1981. Effective
2  January 1, 1984 and on January 1, of each year thereafter
3  the maximum weekly compensation rate, except as
4  hereinafter provided, shall be determined as follows: if
5  during the preceding 12 month period there shall have been
6  an increase in the State's average weekly wage in covered
7  industries under the Unemployment Insurance Act, the
8  weekly compensation rate shall be proportionately
9  increased by the same percentage as the percentage of
10  increase in the State's average weekly wage in covered
11  industries under the Unemployment Insurance Act during
12  such period.
13  From July 1, 1977 and thereafter such maximum weekly
14  compensation rate in death cases under Section 7, and
15  permanent total disability cases under paragraph (f) or
16  subparagraph 18 of paragraph (3) of this Section and for
17  temporary total disability under paragraph (b) of this
18  Section and for amputation of a member or enucleation of
19  an eye under paragraph (e) of this Section shall be
20  increased to 133-1/3% of the State's average weekly wage
21  in covered industries under the Unemployment Insurance
22  Act.
23  For injuries occurring on or after February 1, 2006,
24  the maximum weekly benefit under paragraph (d)1 of this
25  Section shall be 100% of the State's average weekly wage
26  in covered industries under the Unemployment Insurance

 

 

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1  Act.
2  4.1. Any provision herein to the contrary
3  notwithstanding, the weekly compensation rate for
4  compensation payments under subparagraph 18 of paragraph
5  (e) of this Section and under paragraph (f) of this
6  Section and under paragraph (a) of Section 7 and for
7  amputation of a member or enucleation of an eye under
8  paragraph (e) of this Section, shall in no event be less
9  than 50% of the State's average weekly wage in covered
10  industries under the Unemployment Insurance Act.
11  4.2. Any provision to the contrary notwithstanding,
12  the total compensation payable under Section 7 shall not
13  exceed the greater of $500,000 or 25 years.
14  5. For the purpose of this Section this State's
15  average weekly wage in covered industries under the
16  Unemployment Insurance Act on July 1, 1975 is hereby fixed
17  at $228.16 per week and the computation of compensation
18  rates shall be based on the aforesaid average weekly wage
19  until modified as hereinafter provided.
20  6. The Department of Employment Security of the State
21  shall on or before the first day of December, 1977, and on
22  or before the first day of June, 1978, and on the first day
23  of each December and June of each year thereafter, publish
24  the State's average weekly wage in covered industries
25  under the Unemployment Insurance Act and the Illinois
26  Workers' Compensation Commission shall on the 15th day of

 

 

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1  January, 1978 and on the 15th day of July, 1978 and on the
2  15th day of each January and July of each year thereafter,
3  post and publish the State's average weekly wage in
4  covered industries under the Unemployment Insurance Act as
5  last determined and published by the Department of
6  Employment Security. The amount when so posted and
7  published shall be conclusive and shall be applicable as
8  the basis of computation of compensation rates until the
9  next posting and publication as aforesaid.
10  7. The payment of compensation by an employer or his
11  insurance carrier to an injured employee shall not
12  constitute an admission of the employer's liability to pay
13  compensation.
14  (c) For any serious and permanent disfigurement to the
15  hand, head, face, neck, arm, leg below the knee or the chest
16  above the axillary line, the employee is entitled to
17  compensation for such disfigurement, the amount determined by
18  agreement at any time or by arbitration under this Act, at a
19  hearing not less than 6 months after the date of the accidental
20  injury, which amount shall not exceed 150 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 162 weeks (if the accidental injury
24  occurs on or after February 1, 2006) at the applicable rate
25  provided in subparagraph 2.1 of paragraph (b) of this Section.
26  No compensation is payable under this paragraph where

 

 

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1  compensation is payable under paragraphs (d), (e) or (f) of
2  this Section.
3  A duly appointed member of a fire department in a city, the
4  population of which exceeds 500,000 according to the last
5  federal or State census, is eligible for compensation under
6  this paragraph only where such serious and permanent
7  disfigurement results from burns.
8  (d) 1. If, after the accidental injury has been sustained,
9  the employee as a result thereof becomes partially
10  incapacitated from pursuing his usual and customary line of
11  employment, he shall, except in cases compensated under the
12  specific schedule set forth in paragraph (e) of this Section,
13  receive compensation for the duration of his disability,
14  subject to the limitations as to maximum amounts fixed in
15  paragraph (b) of this Section, equal to 66-2/3% of the
16  difference between the average amount which he would be able
17  to earn in the full performance of his duties in the occupation
18  in which he was engaged at the time of the accident and the
19  average amount which he is earning or is able to earn in some
20  suitable employment or business after the accident. For
21  accidental injuries that occur on or after September 1, 2011,
22  an award for wage differential under this subsection shall be
23  effective only until the employee reaches the age of 67 or 5
24  years from the date the award becomes final, whichever is
25  later.
26  2. If, as a result of the accident, the employee sustains

 

 

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1  serious and permanent injuries not covered by paragraphs (c)
2  and (e) of this Section or having sustained injuries covered
3  by the aforesaid paragraphs (c) and (e), he shall have
4  sustained in addition thereto other injuries which injuries do
5  not incapacitate him from pursuing the duties of his
6  employment but which would disable him from pursuing other
7  suitable occupations, or which have otherwise resulted in
8  physical impairment; or if such injuries partially
9  incapacitate him from pursuing the duties of his usual and
10  customary line of employment but do not result in an
11  impairment of earning capacity, or having resulted in an
12  impairment of earning capacity, the employee elects to waive
13  his right to recover under the foregoing subparagraph 1 of
14  paragraph (d) of this Section then in any of the foregoing
15  events, he shall receive in addition to compensation for
16  temporary total disability under paragraph (b) of this
17  Section, compensation at the rate provided in subparagraph 2.1
18  of paragraph (b) of this Section for that percentage of 500
19  weeks that the partial disability resulting from the injuries
20  covered by this paragraph bears to total disability. If the
21  employee shall have sustained a fracture of one or more
22  vertebra or fracture of the skull, the amount of compensation
23  allowed under this Section shall be not less than 6 weeks for a
24  fractured skull and 6 weeks for each fractured vertebra, and
25  in the event the employee shall have sustained a fracture of
26  any of the following facial bones: nasal, lachrymal, vomer,

 

 

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1  zygoma, maxilla, palatine or mandible, the amount of
2  compensation allowed under this Section shall be not less than
3  2 weeks for each such fractured bone, and for a fracture of
4  each transverse process not less than 3 weeks. In the event
5  such injuries shall result in the loss of a kidney, spleen or
6  lung, the amount of compensation allowed under this Section
7  shall be not less than 10 weeks for each such organ.
8  Compensation awarded under this subparagraph 2 shall not take
9  into consideration injuries covered under paragraphs (c) and
10  (e) of this Section and the compensation provided in this
11  paragraph shall not affect the employee's right to
12  compensation payable under paragraphs (b), (c) and (e) of this
13  Section for the disabilities therein covered.
14  (e) For accidental injuries in the following schedule, the
15  employee shall receive compensation for the period of
16  temporary total incapacity for work resulting from such
17  accidental injury, under subparagraph 1 of paragraph (b) of
18  this Section, and shall receive in addition thereto
19  compensation for a further period for the specific loss herein
20  mentioned, but shall not receive any compensation under any
21  other provisions of this Act. The following listed amounts
22  apply to either the loss of or the permanent and complete loss
23  of use of the member specified, such compensation for the
24  length of time as follows:
25  1. Thumb-
26  70 weeks if the accidental injury occurs on or

 

 

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1  after the effective date of this amendatory Act of the
2  94th General Assembly but before February 1, 2006.
3  76 weeks if the accidental injury occurs on or
4  after February 1, 2006.
5  70 weeks if the accidental injury occurs on or
6  after the effective date of this amendatory Act of the
7  104th General Assembly.
8  2. First, or index finger-
9  40 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  43 weeks if the accidental injury occurs on or
13  after February 1, 2006.
14  40 weeks if the accidental injury occurs on or
15  after the effective date of this amendatory Act of the
16  104th General Assembly.
17  3. Second, or middle finger-
18  35 weeks if the accidental injury occurs on or
19  after the effective date of this amendatory Act of the
20  94th General Assembly but before February 1, 2006.
21  38 weeks if the accidental injury occurs on or
22  after February 1, 2006 , but before the effective date
23  of this amendatory Act of the 104th General Assembly..
24  35 weeks if the accidental injury occurs on or
25  after the effective date of this amendatory Act of the
26  104th General Assembly

 

 

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1  4. Third, or ring finger-
2  25 weeks if the accidental injury occurs on or
3  after the effective date of this amendatory Act of the
4  94th General Assembly but before February 1, 2006.
5  27 weeks if the accidental injury occurs on or
6  after February 1, 2006, but before the effective date
7  of this amendatory Act of the 104th General Assembly..
8  25 weeks if the accidental injury occurs on or
9  after the effective date of this amendatory Act of the
10  104th General Assembly.
11  5. Fourth, or little finger-
12  20 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  22 weeks if the accidental injury occurs on or
16  after February 1, 2006, but before the effective date
17  of this amendatory Act of the 104th General Assembly.
18  20 weeks if the accidental injury occurs on or
19  after the effective date of this amendatory Act of the
20  104th General Assembly.
21  6. Great toe-
22  35 weeks if the accidental injury occurs on or
23  after the effective date of this amendatory Act of the
24  94th General Assembly but before February 1, 2006.
25  38 weeks if the accidental injury occurs on or
26  after February 1, 2006, but before the effective date

 

 

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1  of this amendatory Act of the 104th General Assembly.
2  35 weeks if the accidental injury occurs on or
3  after the effective date of this amendatory Act of the
4  104th General Assembly.
5  7. Each toe other than great toe-
6  12 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  13 weeks if the accidental injury occurs on or
10  after February 1, 2006, but before the effective date
11  of this amendatory Act of the 104th General Assembly.
12  12 weeks if the accidental injury occurs on or
13  after the effective date of this amendatory Act of the
14  104th General Assembly.
15  8. The loss of the first or distal phalanx of the thumb
16  or of any finger or toe shall be considered to be equal to
17  the loss of one-half of such thumb, finger or toe and the
18  compensation payable shall be one-half of the amount above
19  specified. The loss of more than one phalanx shall be
20  considered as the loss of the entire thumb, finger or toe.
21  In no case shall the amount received for more than one
22  finger exceed the amount provided in this schedule for the
23  loss of a hand.
24  9. Hand-
25  190 weeks if the accidental injury occurs on or
26  after the effective date of this amendatory Act of the

 

 

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1  94th General Assembly but before February 1, 2006.
2  205 weeks if the accidental injury occurs on or
3  after February 1, 2006, but before the effective date
4  of this amendatory Act of the 104th General Assembly.
5  190 weeks if the accidental injury occurs on or
6  after the effective date of this amendatory Act of the
7  104th General Assembly.
8  190 weeks if the accidental injury occurs on or
9  after June 28, 2011 (the effective date of Public Act
10  97-18) and if the accidental injury involves carpal
11  tunnel syndrome due to repetitive or cumulative
12  trauma, in which case the permanent partial disability
13  shall not exceed 15% loss of use of the hand, except
14  for cause shown by clear and convincing evidence and
15  in which case the award shall not exceed 30% loss of
16  use of the hand.
17  The loss of 2 or more digits, or one or more phalanges
18  of 2 or more digits, of a hand may be compensated on the
19  basis of partial loss of use of a hand, provided, further,
20  that the loss of 4 digits, or the loss of use of 4 digits,
21  in the same hand shall constitute the complete loss of a
22  hand.
23  10. Arm-
24  235 weeks if the accidental injury occurs on or
25  after the effective date of this amendatory Act of the
26  94th General Assembly but before February 1, 2006.

 

 

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1  253 weeks if the accidental injury occurs on or
2  after February 1, 2006, but before the effective date
3  of this amendatory Act of the 104th General Assembly.
4  235 weeks if the accidental injury occurs on or
5  after the effective date of this amendatory Act of the
6  104th General Assembly.
7  Where an accidental injury results in the amputation
8  of an arm below the elbow, such injury shall be
9  compensated as a loss of an arm. Where an accidental
10  injury results in the amputation of an arm above the
11  elbow, compensation for an additional 15 weeks (if the
12  accidental injury occurs on or after the effective date of
13  this amendatory Act of the 94th General Assembly but
14  before February 1, 2006, but before the effective date of
15  this amendatory Act of the 104th General Assembly) or an
16  additional 15 weeks (if the accidental injury occurs on or
17  after the effective date of this amendatory Act of the
18  104th General Assembly) or an additional 17 weeks (if the
19  accidental injury occurs on or after February 1, 2006)
20  shall be paid, except where the accidental injury results
21  in the amputation of an arm at the shoulder joint, or so
22  close to shoulder joint that an artificial arm cannot be
23  used, or results in the disarticulation of an arm at the
24  shoulder joint, in which case compensation for an
25  additional 65 weeks (if the accidental injury occurs on or
26  after the effective date of this amendatory Act of the

 

 

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1  94th General Assembly but before February 1, 2006) or an
2  additional 70 weeks (if the accidental injury occurs on or
3  after February 1, 2006, but before the effective date of
4  this amendatory Act of the 104th General Assembly) or an
5  additional 65 weeks (if the accidental injury occurs on or
6  after the effective date of this amendatory Act of the
7  104th General Assembly) shall be paid.
8  11. Foot-
9  155 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  167 weeks if the accidental injury occurs on or
13  after February 1, 2006, but before the effective date
14  of this amendatory Act of the 104th General Assembly.
15  155 weeks if the accidental injury occurs on or
16  after the effective date of this amendatory Act of the
17  104th General Assembly.
18  12. Leg-
19  200 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  215 weeks if the accidental injury occurs on or
23  after February 1, 2006, but before the effective date
24  of this amendatory Act of the 104th General Assembly.
25  200 weeks if the accidental injury occurs on or
26  after the effective date of this amendatory Act of the

 

 

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1  104th General Assembly.
2  Where an accidental injury results in the amputation
3  of a leg below the knee, such injury shall be compensated
4  as loss of a leg. Where an accidental injury results in the
5  amputation of a leg above the knee, compensation for an
6  additional 25 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) or an
9  additional 27 weeks (if the accidental injury occurs on or
10  after February 1, 2006, but before the effective date of
11  this amendatory Act of the 104th General Assembly) or an
12  additional 25 weeks (if the accidental injury occurs on or
13  after the effective date of this amendatory Act of the
14  104th General Assembly) shall be paid, except where the
15  accidental injury results in the amputation of a leg at
16  the hip joint, or so close to the hip joint that an
17  artificial leg cannot be used, or results in the
18  disarticulation of a leg at the hip joint, in which case
19  compensation for an additional 75 weeks (if the accidental
20  injury occurs on or after the effective date of this
21  amendatory Act of the 94th General Assembly but before
22  February 1, 2006) or an additional 81 weeks (if the
23  accidental injury occurs on or after February 1, 2006, but
24  before the effective date of this amendatory Act of the
25  104th General Assembly) or an additional 75 weeks (if the
26  accidental injury occurs on or after the effective date of

 

 

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1  this amendatory Act of the 104th General Assembly) shall
2  be paid.
3  13. Eye-
4  150 weeks if the accidental injury occurs on or
5  after the effective date of this amendatory Act of the
6  94th General Assembly but before February 1, 2006.
7  162 weeks if the accidental injury occurs on or
8  after February 1, 2006, but before the effective date
9  of this amendatory Act of the 104th General Assembly.
10  150 weeks if the accidental injury occurs on or
11  after the effective date of this amendatory Act of the
12  104th General Assembly.
13  Where an accidental injury results in the enucleation
14  of an eye, compensation for an additional 10 weeks (if the
15  accidental injury occurs on or after the effective date of
16  this amendatory Act of the 94th General Assembly but
17  before February 1, 2006) or an additional 11 weeks (if the
18  accidental injury occurs on or after February 1, 2006, but
19  before the effective date of this amendatory Act of the
20  104th General Assembly) or an additional 10 weeks (if the
21  accidental injury occurs on or after the effective date of
22  this amendatory Act of the 104th General Assembly)) shall
23  be paid.
24  14. Loss of hearing of one ear-
25  50 weeks if the accidental injury occurs on or
26  after the effective date of this amendatory Act of the

 

 

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1  94th General Assembly but before February 1, 2006.
2  54 weeks if the accidental injury occurs on or
3  after February 1, 2006 , but before the effective date
4  of this amendatory Act of the 104th General Assembly.
5  50 weeks if the accidental injury occurs on or
6  after the effective date of this amendatory Act of the
7  104th General Assembly.
8  Total and permanent loss of hearing of both ears-
9  200 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  215 weeks if the accidental injury occurs on or
13  after February 1, 2006, but before the effective date
14  of this amendatory Act of the 104th General Assembly.
15  200 weeks if the accidental injury occurs on or
16  after the effective date of this amendatory Act of the
17  104th General Assembly.
18  15. Testicle-
19  50 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  54 weeks if the accidental injury occurs on or
23  after February 1, 2006, but before the effective date
24  of this amendatory Act of the 104th General Assembly.
25  50 weeks if the accidental injury occurs on or
26  after the effective date of this amendatory Act of the

 

 

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1  104th General Assembly.
2  Both testicles-
3  150 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  162 weeks if the accidental injury occurs on or
7  after February 1, 2006, but before the effective date
8  of this amendatory Act of the 104th General Assembly.
9  150 weeks if the accidental injury occurs on or
10  after the effective date of this amendatory Act of the
11  104th General Assembly.
12  16. For the permanent partial loss of use of a member
13  or sight of an eye, or hearing of an ear, compensation
14  during that proportion of the number of weeks in the
15  foregoing schedule provided for the loss of such member or
16  sight of an eye, or hearing of an ear, which the partial
17  loss of use thereof bears to the total loss of use of such
18  member, or sight of eye, or hearing of an ear.
19  (a) Loss of hearing for compensation purposes
20  shall be confined to the frequencies of 1,000, 2,000
21  and 3,000 cycles per second. Loss of hearing ability
22  for frequency tones above 3,000 cycles per second are
23  not to be considered as constituting disability for
24  hearing.
25  (b) The percent of hearing loss, for purposes of
26  the determination of compensation claims for

 

 

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1  occupational deafness, shall be calculated as the
2  average in decibels for the thresholds of hearing for
3  the frequencies of 1,000, 2,000 and 3,000 cycles per
4  second. Pure tone air conduction audiometric
5  instruments, approved by nationally recognized
6  authorities in this field, shall be used for measuring
7  hearing loss. If the losses of hearing average 30
8  decibels or less in the 3 frequencies, such losses of
9  hearing shall not then constitute any compensable
10  hearing disability. If the losses of hearing average
11  85 decibels or more in the 3 frequencies, then the same
12  shall constitute and be total or 100% compensable
13  hearing loss.
14  (c) In measuring hearing impairment, the lowest
15  measured losses in each of the 3 frequencies shall be
16  added together and divided by 3 to determine the
17  average decibel loss. For every decibel of loss
18  exceeding 30 decibels an allowance of 1.82% shall be
19  made up to the maximum of 100% which is reached at 85
20  decibels.
21  (d) If a hearing loss is established to have
22  existed on July 1, 1975 by audiometric testing the
23  employer shall not be liable for the previous loss so
24  established nor shall he be liable for any loss for
25  which compensation has been paid or awarded.
26  (e) No consideration shall be given to the

 

 

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1  question of whether or not the ability of an employee
2  to understand speech is improved by the use of a
3  hearing aid.
4  (f) No claim for loss of hearing due to industrial
5  noise shall be brought against an employer or allowed
6  unless the employee has been exposed for a period of
7  time sufficient to cause permanent impairment to noise
8  levels in excess of the following:
9Sound Level DBA10Slow ResponseHours Per Day11908129261395414973151002161021-1/2171051181101/2191151/4 9  Sound Level DBA  10  Slow Response Hours Per Day 11  90 8 12  92 6 13  95 4 14  97 3 15  100 2 16  102 1-1/2 17  105 1 18  110 1/2 19  115 1/4
9  Sound Level DBA
10  Slow Response Hours Per Day
11  90 8
12  92 6
13  95 4
14  97 3
15  100 2
16  102 1-1/2
17  105 1
18  110 1/2
19  115 1/4
20  This subparagraph (f) shall not be applied in cases of
21  hearing loss resulting from trauma or explosion.
22  17. In computing the compensation to be paid to any
23  employee who, before the accident for which he claims
24  compensation, had before that time sustained an injury
25  resulting in the loss by amputation or partial loss by
26  amputation of any member, including hand, arm, thumb or

 

 

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9  Sound Level DBA
10  Slow Response Hours Per Day
11  90 8
12  92 6
13  95 4
14  97 3
15  100 2
16  102 1-1/2
17  105 1
18  110 1/2
19  115 1/4


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1  fingers, leg, foot or any toes, such loss or partial loss
2  of any such member shall be deducted from any award made
3  for the subsequent injury. For the permanent loss of use
4  or the permanent partial loss of use of any such member or
5  the partial loss of sight of an eye, for which
6  compensation has been paid, then such loss shall be taken
7  into consideration and deducted from any award for the
8  subsequent injury.
9  18. The specific case of loss of both hands, both
10  arms, or both feet, or both legs, or both eyes, or of any
11  two thereof, or the permanent and complete loss of the use
12  thereof, constitutes total and permanent disability, to be
13  compensated according to the compensation fixed by
14  paragraph (f) of this Section. These specific cases of
15  total and permanent disability do not exclude other cases.
16  Any employee who has previously suffered the loss or
17  permanent and complete loss of the use of any of such
18  members, and in a subsequent independent accident loses
19  another or suffers the permanent and complete loss of the
20  use of any one of such members the employer for whom the
21  injured employee is working at the time of the last
22  independent accident is liable to pay compensation only
23  for the loss or permanent and complete loss of the use of
24  the member occasioned by the last independent accident.
25  19. In a case of specific loss and the subsequent
26  death of such injured employee from other causes than such

 

 

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1  injury leaving a widow, widower, or dependents surviving
2  before payment or payment in full for such injury, then
3  the amount due for such injury is payable to the widow or
4  widower and, if there be no widow or widower, then to such
5  dependents, in the proportion which such dependency bears
6  to total dependency.
7  Beginning July 1, 1980, and every 6 months thereafter, the
8  Commission shall examine the Second Injury Fund and when,
9  after deducting all advances or loans made to such Fund, the
10  amount therein is $500,000 then the amount required to be paid
11  by employers pursuant to paragraph (f) of Section 7 shall be
12  reduced by one-half. When the Second Injury Fund reaches the
13  sum of $600,000 then the payments shall cease entirely.
14  However, when the Second Injury Fund has been reduced to
15  $400,000, payment of one-half of the amounts required by
16  paragraph (f) of Section 7 shall be resumed, in the manner
17  herein provided, and when the Second Injury Fund has been
18  reduced to $300,000, payment of the full amounts required by
19  paragraph (f) of Section 7 shall be resumed, in the manner
20  herein provided. The Commission shall make the changes in
21  payment effective by general order, and the changes in payment
22  become immediately effective for all cases coming before the
23  Commission thereafter either by settlement agreement or final
24  order, irrespective of the date of the accidental injury.
25  On August 1, 1996 and on February 1 and August 1 of each
26  subsequent year, the Commission shall examine the special fund

 

 

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1  designated as the "Rate Adjustment Fund" and when, after
2  deducting all advances or loans made to said fund, the amount
3  therein is $4,000,000, the amount required to be paid by
4  employers pursuant to paragraph (f) of Section 7 shall be
5  reduced by one-half. When the Rate Adjustment Fund reaches the
6  sum of $5,000,000 the payment therein shall cease entirely.
7  However, when said Rate Adjustment Fund has been reduced to
8  $3,000,000 the amounts required by paragraph (f) of Section 7
9  shall be resumed in the manner herein provided.
10  (f) In case of complete disability, which renders the
11  employee wholly and permanently incapable of work, or in the
12  specific case of total and permanent disability as provided in
13  subparagraph 18 of paragraph (e) of this Section, compensation
14  shall be payable at the rate provided in subparagraph 2 of
15  paragraph (b) of this Section for life.
16  An employee entitled to benefits under paragraph (f) of
17  this Section shall also be entitled to receive from the Rate
18  Adjustment Fund provided in paragraph (f) of Section 7 of the
19  supplementary benefits provided in paragraph (g) of this
20  Section 8.
21  If any employee who receives an award under this paragraph
22  afterwards returns to work or is able to do so, and earns or is
23  able to earn as much as before the accident, payments under
24  such award shall cease. If such employee returns to work, or is
25  able to do so, and earns or is able to earn part but not as
26  much as before the accident, such award shall be modified so as

 

 

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1  to conform to an award under paragraph (d) of this Section. If
2  such award is terminated or reduced under the provisions of
3  this paragraph, such employees have the right at any time
4  within 30 months after the date of such termination or
5  reduction to file petition with the Commission for the purpose
6  of determining whether any disability exists as a result of
7  the original accidental injury and the extent thereof.
8  Disability as enumerated in subdivision 18, paragraph (e)
9  of this Section is considered complete disability.
10  If an employee who had previously incurred loss or the
11  permanent and complete loss of use of one member, through the
12  loss or the permanent and complete loss of the use of one hand,
13  one arm, one foot, one leg, or one eye, incurs permanent and
14  complete disability through the loss or the permanent and
15  complete loss of the use of another member, he shall receive,
16  in addition to the compensation payable by the employer and
17  after such payments have ceased, an amount from the Second
18  Injury Fund provided for in paragraph (f) of Section 7, which,
19  together with the compensation payable from the employer in
20  whose employ he was when the last accidental injury was
21  incurred, will equal the amount payable for permanent and
22  complete disability as provided in this paragraph of this
23  Section.
24  The custodian of the Second Injury Fund provided for in
25  paragraph (f) of Section 7 shall be joined with the employer as
26  a party respondent in the application for adjustment of claim.

 

 

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1  The application for adjustment of claim shall state briefly
2  and in general terms the approximate time and place and manner
3  of the loss of the first member.
4  In its award the Commission or the Arbitrator shall
5  specifically find the amount the injured employee shall be
6  weekly paid, the number of weeks compensation which shall be
7  paid by the employer, the date upon which payments begin out of
8  the Second Injury Fund provided for in paragraph (f) of
9  Section 7 of this Act, the length of time the weekly payments
10  continue, the date upon which the pension payments commence
11  and the monthly amount of the payments. The Commission shall
12  30 days after the date upon which payments out of the Second
13  Injury Fund have begun as provided in the award, and every
14  month thereafter, prepare and submit to the State Comptroller
15  a voucher for payment for all compensation accrued to that
16  date at the rate fixed by the Commission. The State
17  Comptroller shall draw a warrant to the injured employee along
18  with a receipt to be executed by the injured employee and
19  returned to the Commission. The endorsed warrant and receipt
20  is a full and complete acquittance to the Commission for the
21  payment out of the Second Injury Fund. No other appropriation
22  or warrant is necessary for payment out of the Second Injury
23  Fund. The Second Injury Fund is appropriated for the purpose
24  of making payments according to the terms of the awards.
25  As of July 1, 1980 to July 1, 1982, all claims against and
26  obligations of the Second Injury Fund shall become claims

 

 

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1  against and obligations of the Rate Adjustment Fund to the
2  extent there is insufficient money in the Second Injury Fund
3  to pay such claims and obligations. In that case, all
4  references to "Second Injury Fund" in this Section shall also
5  include the Rate Adjustment Fund.
6  (g) Every award for permanent total disability entered by
7  the Commission on and after July 1, 1965 under which
8  compensation payments shall become due and payable after the
9  effective date of this amendatory Act, and every award for
10  death benefits or permanent total disability entered by the
11  Commission on and after the effective date of this amendatory
12  Act shall be subject to annual adjustments as to the amount of
13  the compensation rate therein provided. Such adjustments shall
14  first be made on July 15, 1977, and all awards made and entered
15  prior to July 1, 1975 and on July 15 of each year thereafter.
16  In all other cases such adjustment shall be made on July 15 of
17  the second year next following the date of the entry of the
18  award and shall further be made on July 15 annually
19  thereafter. If during the intervening period from the date of
20  the entry of the award, or the last periodic adjustment, there
21  shall have been an increase in the State's average weekly wage
22  in covered industries under the Unemployment Insurance Act,
23  the weekly compensation rate shall be proportionately
24  increased by the same percentage as the percentage of increase
25  in the State's average weekly wage in covered industries under
26  the Unemployment Insurance Act. The increase in the

 

 

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1  compensation rate under this paragraph shall in no event bring
2  the total compensation rate to an amount greater than the
3  prevailing maximum rate at the time that the annual adjustment
4  is made. Such increase shall be paid in the same manner as
5  herein provided for payments under the Second Injury Fund to
6  the injured employee, or his dependents, as the case may be,
7  out of the Rate Adjustment Fund provided in paragraph (f) of
8  Section 7 of this Act. Payments shall be made at the same
9  intervals as provided in the award or, at the option of the
10  Commission, may be made in quarterly payment on the 15th day of
11  January, April, July and October of each year. In the event of
12  a decrease in such average weekly wage there shall be no change
13  in the then existing compensation rate. The within paragraph
14  shall not apply to cases where there is disputed liability and
15  in which a compromise lump sum settlement between the employer
16  and the injured employee, or his dependents, as the case may
17  be, has been duly approved by the Illinois Workers'
18  Compensation Commission.
19  Provided, that in cases of awards entered by the
20  Commission for injuries occurring before July 1, 1975, the
21  increases in the compensation rate adjusted under the
22  foregoing provision of this paragraph (g) shall be limited to
23  increases in the State's average weekly wage in covered
24  industries under the Unemployment Insurance Act occurring
25  after July 1, 1975.
26  For every accident occurring on or after July 20, 2005 but

 

 

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1  before the effective date of this amendatory Act of the 94th
2  General Assembly (Senate Bill 1283 of the 94th General
3  Assembly), the annual adjustments to the compensation rate in
4  awards for death benefits or permanent total disability, as
5  provided in this Act, shall be paid by the employer. The
6  adjustment shall be made by the employer on July 15 of the
7  second year next following the date of the entry of the award
8  and shall further be made on July 15 annually thereafter. If
9  during the intervening period from the date of the entry of the
10  award, or the last periodic adjustment, there shall have been
11  an increase in the State's average weekly wage in covered
12  industries under the Unemployment Insurance Act, the employer
13  shall increase the weekly compensation rate proportionately by
14  the same percentage as the percentage of increase in the
15  State's average weekly wage in covered industries under the
16  Unemployment Insurance Act. The increase in the compensation
17  rate under this paragraph shall in no event bring the total
18  compensation rate to an amount greater than the prevailing
19  maximum rate at the time that the annual adjustment is made. In
20  the event of a decrease in such average weekly wage there shall
21  be no change in the then existing compensation rate. Such
22  increase shall be paid by the employer in the same manner and
23  at the same intervals as the payment of compensation in the
24  award. This paragraph shall not apply to cases where there is
25  disputed liability and in which a compromise lump sum
26  settlement between the employer and the injured employee, or

 

 

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1  his or her dependents, as the case may be, has been duly
2  approved by the Illinois Workers' Compensation Commission.
3  The annual adjustments for every award of death benefits
4  or permanent total disability involving accidents occurring
5  before July 20, 2005 and accidents occurring on or after the
6  effective date of this amendatory Act of the 94th General
7  Assembly (Senate Bill 1283 of the 94th General Assembly) shall
8  continue to be paid from the Rate Adjustment Fund pursuant to
9  this paragraph and Section 7(f) of this Act.
10  (h) In case death occurs from any cause before the total
11  compensation to which the employee would have been entitled
12  has been paid, then in case the employee leaves any widow,
13  widower, child, parent (or any grandchild, grandparent or
14  other lineal heir or any collateral heir dependent at the time
15  of the accident upon the earnings of the employee to the extent
16  of 50% or more of total dependency) such compensation shall be
17  paid to the beneficiaries of the deceased employee and
18  distributed as provided in paragraph (g) of Section 7.
19  (h-1) In case an injured employee is under legal
20  disability at the time when any right or privilege accrues to
21  him or her under this Act, a guardian may be appointed pursuant
22  to law, and may, on behalf of such person under legal
23  disability, claim and exercise any such right or privilege
24  with the same effect as if the employee himself or herself had
25  claimed or exercised the right or privilege. No limitations of
26  time provided by this Act run so long as the employee who is

 

 

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1  under legal disability is without a conservator or guardian.
2  (i) In case the injured employee is under 16 years of age
3  at the time of the accident and is illegally employed, the
4  amount of compensation payable under paragraphs (b), (c), (d),
5  (e) and (f) of this Section is increased 50%.
6  However, where an employer has on file an employment
7  certificate issued pursuant to the Child Labor Law or work
8  permit issued pursuant to the Federal Fair Labor Standards
9  Act, as amended, or a birth certificate properly and duly
10  issued, such certificate, permit or birth certificate is
11  conclusive evidence as to the age of the injured minor
12  employee for the purposes of this Section.
13  Nothing herein contained repeals or amends the provisions
14  of the Child Labor Law relating to the employment of minors
15  under the age of 16 years.
16  (j) 1. In the event the injured employee receives
17  benefits, including medical, surgical or hospital benefits
18  under any group plan covering non-occupational disabilities
19  contributed to wholly or partially by the employer, which
20  benefits should not have been payable if any rights of
21  recovery existed under this Act, then such amounts so paid to
22  the employee from any such group plan as shall be consistent
23  with, and limited to, the provisions of paragraph 2 hereof,
24  shall be credited to or against any compensation payment for
25  temporary total incapacity for work or any medical, surgical
26  or hospital benefits made or to be made under this Act. In such

 

 

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1  event, the period of time for giving notice of accidental
2  injury and filing application for adjustment of claim does not
3  commence to run until the termination of such payments. This
4  paragraph does not apply to payments made under any group plan
5  which would have been payable irrespective of an accidental
6  injury under this Act. Any employer receiving such credit
7  shall keep such employee safe and harmless from any and all
8  claims or liabilities that may be made against him by reason of
9  having received such payments only to the extent of such
10  credit.
11  Any excess benefits paid to or on behalf of a State
12  employee by the State Employees' Retirement System under
13  Article 14 of the Illinois Pension Code on a death claim or
14  disputed disability claim shall be credited against any
15  payments made or to be made by the State of Illinois to or on
16  behalf of such employee under this Act, except for payments
17  for medical expenses which have already been incurred at the
18  time of the award. The State of Illinois shall directly
19  reimburse the State Employees' Retirement System to the extent
20  of such credit.
21  2. Nothing contained in this Act shall be construed to
22  give the employer or the insurance carrier the right to credit
23  for any benefits or payments received by the employee other
24  than compensation payments provided by this Act, and where the
25  employee receives payments other than compensation payments,
26  whether as full or partial salary, group insurance benefits,

 

 

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1  bonuses, annuities or any other payments, the employer or
2  insurance carrier shall receive credit for each such payment
3  only to the extent of the compensation that would have been
4  payable during the period covered by such payment.
5  3. The extension of time for the filing of an Application
6  for Adjustment of Claim as provided in paragraph 1 above shall
7  not apply to those cases where the time for such filing had
8  expired prior to the date on which payments or benefits
9  enumerated herein have been initiated or resumed. Provided
10  however that this paragraph 3 shall apply only to cases
11  wherein the payments or benefits hereinabove enumerated shall
12  be received after July 1, 1969.
13  (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;
14  97-813, eff. 7-13-12.)
15  (Text of Section after amendment by P.A. 103-721)
16  Sec. 8. The amount of compensation which shall be paid to
17  the employee for an accidental injury not resulting in death
18  is:
19  (a) The employer shall provide and pay the negotiated
20  rate, if applicable, or the lesser of the health care
21  provider's actual charges or according to a fee schedule,
22  subject to Section 8.2, in effect at the time the service was
23  rendered for all the necessary first aid, medical and surgical
24  services, and all necessary medical, surgical and hospital
25  services thereafter incurred, limited, however, to that which

 

 

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

 

 

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

 

 

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1  The maintenance benefit shall not be less than the
2  temporary total disability rate determined for the employee.
3  In addition, maintenance shall include costs and expenses
4  incidental to the vocational rehabilitation program.
5  When the employee is working light duty on a part-time
6  basis or full-time basis and earns less than he or she would be
7  earning if employed in the full capacity of the job or jobs,
8  then the employee shall be entitled to temporary partial
9  disability benefits. Temporary partial disability benefits
10  shall be equal to two-thirds of the difference between the
11  average amount that the employee would be able to earn in the
12  full performance of his or her duties in the occupation in
13  which he or she was engaged at the time of accident and the
14  gross amount which he or she is earning in the modified job
15  provided to the employee by the employer or in any other job
16  that the employee is working.
17  Every hospital, physician, surgeon or other person
18  rendering treatment or services in accordance with the
19  provisions of this Section shall upon written request furnish
20  full and complete reports thereof to, and permit their records
21  to be copied by, the employer, the employee or his dependents,
22  as the case may be, or any other party to any proceeding for
23  compensation before the Commission, or their attorneys.
24  Notwithstanding the foregoing, the employer's liability to
25  pay for such medical services selected by the employee shall
26  be limited to:

 

 

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1  (1) all first aid and emergency treatment; plus
2  (2) all medical, surgical and hospital services
3  provided by the physician, surgeon or hospital initially
4  chosen by the employee or by any other physician,
5  consultant, expert, institution or other provider of
6  services recommended by said initial service provider or
7  any subsequent provider of medical services in the chain
8  of referrals from said initial service provider; plus
9  (3) all medical, surgical and hospital services
10  provided by any second physician, surgeon or hospital
11  subsequently chosen by the employee or by any other
12  physician, consultant, expert, institution or other
13  provider of services recommended by said second service
14  provider or any subsequent provider of medical services in
15  the chain of referrals from said second service provider.
16  Thereafter the employer shall select and pay for all
17  necessary medical, surgical and hospital treatment and the
18  employee may not select a provider of medical services at
19  the employer's expense unless the employer agrees to such
20  selection. At any time the employee may obtain any medical
21  treatment he desires at his own expense. This paragraph
22  shall not affect the duty to pay for rehabilitation
23  referred to above.
24  (4) The following shall apply for injuries occurring
25  on or after June 28, 2011 (the effective date of Public Act
26  97-18) and only when an employer has an approved preferred

 

 

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1  provider program pursuant to Section 8.1a on the date the
2  employee sustained his or her accidental injuries:
3  (A) The employer shall, in writing, on a form
4  promulgated by the Commission, inform the employee of
5  the preferred provider program;
6  (B) Subsequent to the report of an injury by an
7  employee, the employee may choose in writing at any
8  time to decline the preferred provider program, in
9  which case that would constitute one of the two
10  choices of medical providers to which the employee is
11  entitled under subsection (a)(2) or (a)(3); and
12  (C) Prior to the report of an injury by an
13  employee, when an employee chooses non-emergency
14  treatment from a provider not within the preferred
15  provider program, that would constitute the employee's
16  one choice of medical providers to which the employee
17  is entitled under subsection (a)(2) or (a)(3).
18  When an employer and employee so agree in writing, nothing
19  in this Act prevents an employee whose injury or disability
20  has been established under this Act, from relying in good
21  faith, on treatment by prayer or spiritual means alone, in
22  accordance with the tenets and practice of a recognized church
23  or religious denomination, by a duly accredited practitioner
24  thereof, and having nursing services appropriate therewith,
25  without suffering loss or diminution of the compensation
26  benefits under this Act. However, the employee shall submit to

 

 

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1  all physical examinations required by this Act. The cost of
2  such treatment and nursing care shall be paid by the employee
3  unless the employer agrees to make such payment.
4  Where the accidental injury results in the amputation of
5  an arm, hand, leg or foot, or the enucleation of an eye, or the
6  loss of any of the natural teeth, the employer shall furnish an
7  artificial of any such members lost or damaged in accidental
8  injury arising out of and in the course of employment, and
9  shall also furnish the necessary braces in all proper and
10  necessary cases. In cases of the loss of a member or members by
11  amputation, the employer shall, whenever necessary, maintain
12  in good repair, refit or replace the artificial limbs during
13  the lifetime of the employee. Where the accidental injury
14  accompanied by physical injury results in damage to a denture,
15  eye glasses or contact eye lenses, or where the accidental
16  injury results in damage to an artificial member, the employer
17  shall replace or repair such denture, glasses, lenses, or
18  artificial member.
19  The furnishing by the employer of any such services or
20  appliances is not an admission of liability on the part of the
21  employer to pay compensation.
22  The furnishing of any such services or appliances or the
23  servicing thereof by the employer is not the payment of
24  compensation.
25  (b) If the period of temporary total incapacity for work
26  lasts more than 3 working days, weekly compensation as

 

 

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

 

 

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

 

 

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1  child of the employee including any child legally adopted
2  before the accident or whom at the time of the accident the
3  employee was under legal obligation to support or to whom
4  the employee stood in loco parentis, and who at the time of
5  the accident was under 18 years of age and not
6  emancipated. The term "children" means the plural of
7  "child".
8  4. All weekly compensation rates provided under
9  subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
10  Section shall be subject to the following limitations:
11  The maximum weekly compensation rate from July 1,
12  1975, except as hereinafter provided, shall be 100% of the
13  State's average weekly wage in covered industries under
14  the Unemployment Insurance Act, that being the wage that
15  most closely approximates the State's average weekly wage.
16  The maximum weekly compensation rate, for the period
17  July 1, 1984, through June 30, 1987, except as hereinafter
18  provided, shall be $293.61. Effective July 1, 1987 and on
19  July 1 of each year thereafter the maximum weekly
20  compensation rate, except as hereinafter provided, shall
21  be determined as follows: if during the preceding 12 month
22  period there shall have been an increase in the State's
23  average weekly wage in covered industries under the
24  Unemployment Insurance Act, the weekly compensation rate
25  shall be proportionately increased by the same percentage
26  as the percentage of increase in the State's average

 

 

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1  weekly wage in covered industries under the Unemployment
2  Insurance Act during such period.
3  The maximum weekly compensation rate, for the period
4  January 1, 1981 through December 31, 1983, except as
5  hereinafter provided, shall be 100% of the State's average
6  weekly wage in covered industries under the Unemployment
7  Insurance Act in effect on January 1, 1981. Effective
8  January 1, 1984 and on January 1, of each year thereafter
9  the maximum weekly compensation rate, except as
10  hereinafter provided, shall be determined as follows: if
11  during the preceding 12 month period there shall have been
12  an increase in the State's average weekly wage in covered
13  industries under the Unemployment Insurance Act, the
14  weekly compensation rate shall be proportionately
15  increased by the same percentage as the percentage of
16  increase in the State's average weekly wage in covered
17  industries under the Unemployment Insurance Act during
18  such period.
19  From July 1, 1977 and thereafter such maximum weekly
20  compensation rate in death cases under Section 7, and
21  permanent total disability cases under paragraph (f) or
22  subparagraph 18 of paragraph (3) of this Section and for
23  temporary total disability under paragraph (b) of this
24  Section and for amputation of a member or enucleation of
25  an eye under paragraph (e) of this Section shall be
26  increased to 133-1/3% of the State's average weekly wage

 

 

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1  in covered industries under the Unemployment Insurance
2  Act.
3  For injuries occurring on or after February 1, 2006,
4  the maximum weekly benefit under paragraph (d)1 of this
5  Section shall be 100% of the State's average weekly wage
6  in covered industries under the Unemployment Insurance
7  Act.
8  4.1. Any provision herein to the contrary
9  notwithstanding, the weekly compensation rate for
10  compensation payments under subparagraph 18 of paragraph
11  (e) of this Section and under paragraph (f) of this
12  Section and under paragraph (a) of Section 7 and for
13  amputation of a member or enucleation of an eye under
14  paragraph (e) of this Section, shall in no event be less
15  than 50% of the State's average weekly wage in covered
16  industries under the Unemployment Insurance Act.
17  4.2. Any provision to the contrary notwithstanding,
18  the total compensation payable under Section 7 shall not
19  exceed the greater of $500,000 or 25 years.
20  5. For the purpose of this Section this State's
21  average weekly wage in covered industries under the
22  Unemployment Insurance Act on July 1, 1975 is hereby fixed
23  at $228.16 per week and the computation of compensation
24  rates shall be based on the aforesaid average weekly wage
25  until modified as hereinafter provided.
26  6. The Department of Employment Security of the State

 

 

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1  shall on or before the first day of December, 1977, and on
2  or before the first day of June, 1978, and on the first day
3  of each December and June of each year thereafter, publish
4  the State's average weekly wage in covered industries
5  under the Unemployment Insurance Act and the Illinois
6  Workers' Compensation Commission shall on the 15th day of
7  January, 1978 and on the 15th day of July, 1978 and on the
8  15th day of each January and July of each year thereafter,
9  post and publish the State's average weekly wage in
10  covered industries under the Unemployment Insurance Act as
11  last determined and published by the Department of
12  Employment Security. The amount when so posted and
13  published shall be conclusive and shall be applicable as
14  the basis of computation of compensation rates until the
15  next posting and publication as aforesaid.
16  7. The payment of compensation by an employer or his
17  insurance carrier to an injured employee shall not
18  constitute an admission of the employer's liability to pay
19  compensation.
20  (c) For any serious and permanent disfigurement to the
21  hand, head, face, neck, arm, leg below the knee or the chest
22  above the axillary line, the employee is entitled to
23  compensation for such disfigurement, the amount determined by
24  agreement at any time or by arbitration under this Act, at a
25  hearing not less than 6 months after the date of the accidental
26  injury, which amount shall not exceed 150 weeks (if the

 

 

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1  accidental injury occurs on or after the effective date of
2  this amendatory Act of the 94th General Assembly but before
3  February 1, 2006) or 162 weeks (if the accidental injury
4  occurs on or after February 1, 2006) at the applicable rate
5  provided in subparagraph 2.1 of paragraph (b) of this Section.
6  No compensation is payable under this paragraph where
7  compensation is payable under paragraphs (d), (e) or (f) of
8  this Section.
9  A duly appointed member of a fire department in a city, the
10  population of which exceeds 500,000 according to the last
11  federal or State census, is eligible for compensation under
12  this paragraph only where such serious and permanent
13  disfigurement results from burns.
14  (d) 1. If, after the accidental injury has been sustained,
15  the employee as a result thereof becomes partially
16  incapacitated from pursuing his usual and customary line of
17  employment, he shall, except in cases compensated under the
18  specific schedule set forth in paragraph (e) of this Section,
19  receive compensation for the duration of his disability,
20  subject to the limitations as to maximum amounts fixed in
21  paragraph (b) of this Section, equal to 66-2/3% of the
22  difference between the average amount which he would be able
23  to earn in the full performance of his duties in the occupation
24  in which he was engaged at the time of the accident and the
25  average amount which he is earning or is able to earn in some
26  suitable employment or business after the accident. For

 

 

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1  accidental injuries that occur on or after September 1, 2011,
2  an award for wage differential under this subsection shall be
3  effective only until the employee reaches the age of 67 or 5
4  years from the date the award becomes final, whichever is
5  later.
6  2. If, as a result of the accident, the employee sustains
7  serious and permanent injuries not covered by paragraphs (c)
8  and (e) of this Section or having sustained injuries covered
9  by the aforesaid paragraphs (c) and (e), he shall have
10  sustained in addition thereto other injuries which injuries do
11  not incapacitate him from pursuing the duties of his
12  employment but which would disable him from pursuing other
13  suitable occupations, or which have otherwise resulted in
14  physical impairment; or if such injuries partially
15  incapacitate him from pursuing the duties of his usual and
16  customary line of employment but do not result in an
17  impairment of earning capacity, or having resulted in an
18  impairment of earning capacity, the employee elects to waive
19  his right to recover under the foregoing subparagraph 1 of
20  paragraph (d) of this Section then in any of the foregoing
21  events, he shall receive in addition to compensation for
22  temporary total disability under paragraph (b) of this
23  Section, compensation at the rate provided in subparagraph 2.1
24  of paragraph (b) of this Section for that percentage of 500
25  weeks that the partial disability resulting from the injuries
26  covered by this paragraph bears to total disability. If the

 

 

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1  employee shall have sustained a fracture of one or more
2  vertebra or fracture of the skull, the amount of compensation
3  allowed under this Section shall be not less than 6 weeks for a
4  fractured skull and 6 weeks for each fractured vertebra, and
5  in the event the employee shall have sustained a fracture of
6  any of the following facial bones: nasal, lachrymal, vomer,
7  zygoma, maxilla, palatine or mandible, the amount of
8  compensation allowed under this Section shall be not less than
9  2 weeks for each such fractured bone, and for a fracture of
10  each transverse process not less than 3 weeks. In the event
11  such injuries shall result in the loss of a kidney, spleen or
12  lung, the amount of compensation allowed under this Section
13  shall be not less than 10 weeks for each such organ.
14  Compensation awarded under this subparagraph 2 shall not take
15  into consideration injuries covered under paragraphs (c) and
16  (e) of this Section and the compensation provided in this
17  paragraph shall not affect the employee's right to
18  compensation payable under paragraphs (b), (c) and (e) of this
19  Section for the disabilities therein covered.
20  (e) For accidental injuries in the following schedule, the
21  employee shall receive compensation for the period of
22  temporary total incapacity for work resulting from such
23  accidental injury, under subparagraph 1 of paragraph (b) of
24  this Section, and shall receive in addition thereto
25  compensation for a further period for the specific loss herein
26  mentioned, but shall not receive any compensation under any

 

 

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1  other provisions of this Act. The following listed amounts
2  apply to either the loss of or the permanent and complete loss
3  of use of the member specified, such compensation for the
4  length of time as follows:
5  1. Thumb-
6  70 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  76 weeks if the accidental injury occurs on or
10  after February 1, 2006.
11  70 weeks if the accidental injury occurs on or
12  after the effective date of this amendatory Act of the
13  104th General Assembly.
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  40 weeks if the accidental injury occurs on or
21  after the effective date of this amendatory Act of the
22  104th General Assembly.
23  3. Second, or middle finger-
24  35 weeks if the accidental injury occurs on or
25  after the effective date of this amendatory Act of the
26  94th General Assembly but before February 1, 2006.

 

 

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1  38 weeks if the accidental injury occurs on or
2  after February 1, 2006, but before the effective date
3  of this amendatory Act of the 104th General Assembly.
4  35 weeks if the accidental injury occurs on or
5  after the effective date of this amendatory Act of the
6  104th General Assembly
7  4. Third, or ring finger-
8  25 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  27 weeks if the accidental injury occurs on or
12  after February 1, 2006, but before the effective date
13  of this amendatory Act of the 104th General Assembly.
14  25 weeks if the accidental injury occurs on or
15  after the effective date of this amendatory Act of the
16  104th General Assembly.
17  5. Fourth, or little finger-
18  20 weeks if the accidental injury occurs on or
19  after the effective date of this amendatory Act of the
20  94th General Assembly but before February 1, 2006.
21  22 weeks if the accidental injury occurs on or
22  after February 1, 2006, but before the effective date
23  of this amendatory Act of the 104th General Assembly.
24  20 weeks if the accidental injury occurs on or
25  after the effective date of this amendatory Act of the
26  104th General Assembly.

 

 

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1  6. Great toe-
2  35 weeks if the accidental injury occurs on or
3  after the effective date of this amendatory Act of the
4  94th General Assembly but before February 1, 2006.
5  38 weeks if the accidental injury occurs on or
6  after February 1, 2006, but before the effective date
7  of this amendatory Act of the 104th General Assembly.
8  35 weeks if the accidental injury occurs on or
9  after the effective date of this amendatory Act of the
10  104th General Assembly.
11  7. Each toe other than great toe-
12  12 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  13 weeks if the accidental injury occurs on or
16  after February 1, 2006, but before the effective date
17  of this amendatory Act of the 104th General Assembly.
18  12 weeks if the accidental injury occurs on or
19  after the effective date of this amendatory Act of the
20  104th General Assembly.
21  8. The loss of the first or distal phalanx of the thumb
22  or of any finger or toe shall be considered to be equal to
23  the loss of one-half of such thumb, finger or toe and the
24  compensation payable shall be one-half of the amount above
25  specified. The loss of more than one phalanx shall be
26  considered as the loss of the entire thumb, finger or toe.

 

 

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1  In no case shall the amount received for more than one
2  finger exceed the amount provided in this schedule for the
3  loss of a hand.
4  9. Hand-
5  190 weeks if the accidental injury occurs on or
6  after the effective date of this amendatory Act of the
7  94th General Assembly but before February 1, 2006.
8  205 weeks if the accidental injury occurs on or
9  after February 1, 2006, but before the effective date
10  of this amendatory Act of the 104th General Assembly.
11  190 weeks if the accidental injury occurs on or
12  after the effective date of this amendatory Act of the
13  104th General Assembly.
14  190 weeks if the accidental injury occurs on or
15  after June 28, 2011 (the effective date of Public Act
16  97-18) and if the accidental injury involves carpal
17  tunnel syndrome due to repetitive or cumulative
18  trauma, in which case the permanent partial disability
19  shall not exceed 15% loss of use of the hand, except
20  for cause shown by clear and convincing evidence and
21  in which case the award shall not exceed 30% loss of
22  use of the hand.
23  The loss of 2 or more digits, or one or more phalanges
24  of 2 or more digits, of a hand may be compensated on the
25  basis of partial loss of use of a hand, provided, further,
26  that the loss of 4 digits, or the loss of use of 4 digits,

 

 

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1  in the same hand shall constitute the complete loss of a
2  hand.
3  10. Arm-
4  235 weeks if the accidental injury occurs on or
5  after the effective date of this amendatory Act of the
6  94th General Assembly but before February 1, 2006.
7  253 weeks if the accidental injury occurs on or
8  after February 1, 2006, but before the effective date
9  of this amendatory Act of the 104th General Assembly.
10  235 weeks if the accidental injury occurs on or
11  after the effective date of this amendatory Act of the
12  104th General Assembly.
13  Where an accidental injury results in the amputation
14  of an arm below the elbow, such injury shall be
15  compensated as a loss of an arm. Where an accidental
16  injury results in the amputation of an arm above the
17  elbow, compensation for an additional 15 weeks (if the
18  accidental injury occurs on or after the effective date of
19  this amendatory Act of the 94th General Assembly but
20  before February 1, 2006, but before the effective date of
21  this amendatory Act of the 104th General Assembly) or an
22  additional 15 weeks (if the accidental injury occurs on or
23  after the effective date of this amendatory Act of the
24  104th General Assembly) or an additional 17 weeks (if the
25  accidental injury occurs on or after February 1, 2006)
26  shall be paid, except where the accidental injury results

 

 

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1  in the amputation of an arm at the shoulder joint, or so
2  close to shoulder joint that an artificial arm cannot be
3  used, or results in the disarticulation of an arm at the
4  shoulder joint, in which case compensation for an
5  additional 65 weeks (if the accidental injury occurs on or
6  after the effective date of this amendatory Act of the
7  94th General Assembly but before February 1, 2006) or an
8  additional 70 weeks (if the accidental injury occurs on or
9  after February 1, 2006, but before the effective date of
10  this amendatory Act of the 104th General Assembly) or an
11  additional 65 weeks (if the accidental injury occurs on or
12  after the effective date of this amendatory Act of the
13  104th General Assembly) shall be paid.
14  11. Foot-
15  155 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  167 weeks if the accidental injury occurs on or
19  after February 1, 2006, but before the effective date
20  of this amendatory Act of the 104th General Assembly.
21  155 weeks if the accidental injury occurs on or
22  after the effective date of this amendatory Act of the
23  104th General Assembly.
24  12. Leg-
25  200 weeks if the accidental injury occurs on or
26  after the effective date of this amendatory Act of the

 

 

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1  94th General Assembly but before February 1, 2006.
2  215 weeks if the accidental injury occurs on or
3  after February 1, 2006, but before the effective date
4  of this amendatory Act of the 104th General Assembly.
5  200 weeks if the accidental injury occurs on or
6  after the effective date of this amendatory Act of the
7  104th General Assembly.
8  Where an accidental injury results in the amputation
9  of a leg below the knee, such injury shall be compensated
10  as loss of a leg. Where an accidental injury results in the
11  amputation of a leg above the knee, compensation for an
12  additional 25 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) or an
15  additional 27 weeks (if the accidental injury occurs on or
16  after February 1, 2006, but before the effective date of
17  this amendatory Act of the 104th General Assembly) or an
18  additional 25 weeks (if the accidental injury occurs on or
19  after the effective date of this amendatory Act of the
20  104th General Assembly) shall be paid, except where the
21  accidental injury results in the amputation of a leg at
22  the hip joint, or so close to the hip joint that an
23  artificial leg cannot be used, or results in the
24  disarticulation of a leg at the hip joint, in which case
25  compensation for an additional 75 weeks (if the accidental
26  injury occurs on or after the effective date of this

 

 

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1  amendatory Act of the 94th General Assembly but before
2  February 1, 2006) or an additional 81 weeks (if the
3  accidental injury occurs on or after February 1, 2006, but
4  before the effective date of this amendatory Act of the
5  104th General Assembly) or an additional 75 weeks (if the
6  accidental injury occurs on or after the effective date of
7  this amendatory Act of the 104th General Assembly) shall
8  be paid.
9  13. Eye-
10  150 weeks if the accidental injury occurs on or
11  after the effective date of this amendatory Act of the
12  94th General Assembly but before February 1, 2006.
13  162 weeks if the accidental injury occurs on or
14  after February 1, 2006, but before the effective date
15  of this amendatory Act of the 104th General Assembly..
16  150 weeks if the accidental injury occurs on or
17  after the effective date of this amendatory Act of the
18  104th General Assembly.
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
23  before February 1, 2006) or an additional 11 weeks (if the
24  accidental injury occurs on or after February 1, 2006, but
25  before the effective date of this amendatory Act of the
26  104th General Assembly) or an additional 10 weeks (if the

 

 

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1  accidental injury occurs on or after the effective date of
2  this amendatory Act of the 104th General Assembly) shall
3  be paid.
4  14. Loss of hearing of one ear-
5  50 weeks if the accidental injury occurs on or
6  after the effective date of this amendatory Act of the
7  94th General Assembly but before February 1, 2006.
8  54 weeks if the accidental injury occurs on or
9  after February 1, 2006, but before the effective date
10  of this amendatory Act of the 104th General Assembly..
11  50 weeks if the accidental injury occurs on or
12  after the effective date of this amendatory Act of the
13  104th General Assembly.
14  Total and permanent loss of hearing of both ears-
15  200 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  215 weeks if the accidental injury occurs on or
19  after February 1, 2006, but before the effective date
20  of this amendatory Act of the 104th General Assembly..
21  200 weeks if the accidental injury occurs on or
22  after the effective date of this amendatory Act of the
23  104th General Assembly.
24  15. Testicle-
25  50 weeks if the accidental injury occurs on or
26  after the effective date of this amendatory Act of the

 

 

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1  94th General Assembly but before February 1, 2006.
2  54 weeks if the accidental injury occurs on or
3  after February 1, 2006, but before the effective date
4  of this amendatory Act of the 104th General Assembly..
5  50 weeks if the accidental injury occurs on or
6  after the effective date of this amendatory Act of the
7  104th General Assembly.
8  Both testicles-
9  150 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  162 weeks if the accidental injury occurs on or
13  after February 1, 2006.
14  16. For the permanent partial loss of use of a member
15  or sight of an eye, or hearing of an ear, compensation
16  during that proportion of the number of weeks in the
17  foregoing schedule provided for the loss of such member or
18  sight of an eye, or hearing of an ear, which the partial
19  loss of use thereof bears to the total loss of use of such
20  member, or sight of eye, or hearing of an ear.
21  (a) Loss of hearing for compensation purposes
22  shall be confined to the frequencies of 1,000, 2,000
23  and 3,000 cycles per second. Loss of hearing ability
24  for frequency tones above 3,000 cycles per second are
25  not to be considered as constituting disability for
26  hearing.

 

 

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1  (b) The percent of hearing loss, for purposes of
2  the determination of compensation claims for
3  occupational deafness, shall be calculated as the
4  average in decibels for the thresholds of hearing for
5  the frequencies of 1,000, 2,000 and 3,000 cycles per
6  second. Pure tone air conduction audiometric
7  instruments, approved by nationally recognized
8  authorities in this field, shall be used for measuring
9  hearing loss. If the losses of hearing average 30
10  decibels or less in the 3 frequencies, such losses of
11  hearing shall not then constitute any compensable
12  hearing disability. If the losses of hearing average
13  85 decibels or more in the 3 frequencies, then the same
14  shall constitute and be total or 100% compensable
15  hearing loss.
16  (c) In measuring hearing impairment, the lowest
17  measured losses in each of the 3 frequencies shall be
18  added together and divided by 3 to determine the
19  average decibel loss. For every decibel of loss
20  exceeding 30 decibels an allowance of 1.82% shall be
21  made up to the maximum of 100% which is reached at 85
22  decibels.
23  (d) If a hearing loss is established to have
24  existed on July 1, 1975 by audiometric testing the
25  employer shall not be liable for the previous loss so
26  established nor shall he be liable for any loss for

 

 

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1  which compensation has been paid or awarded.
2  (e) No consideration shall be given to the
3  question of whether or not the ability of an employee
4  to understand speech is improved by the use of a
5  hearing aid.
6  (f) No claim for loss of hearing due to industrial
7  noise shall be brought against an employer or allowed
8  unless the employee has been exposed for a period of
9  time sufficient to cause permanent impairment to noise
10  levels in excess of the following:
11Sound Level DBA12Slow ResponseHours Per Day13908149261595416973171002181021-1/2191051201101/2211151/4 11  Sound Level DBA  12  Slow Response Hours Per Day 13  90 8 14  92 6 15  95 4 16  97 3 17  100 2 18  102 1-1/2 19  105 1 20  110 1/2 21  115 1/4
11  Sound Level DBA
12  Slow Response Hours Per Day
13  90 8
14  92 6
15  95 4
16  97 3
17  100 2
18  102 1-1/2
19  105 1
20  110 1/2
21  115 1/4
22  This subparagraph (f) shall not be applied in cases of
23  hearing loss resulting from trauma or explosion.
24  17. In computing the compensation to be paid to any
25  employee who, before the accident for which he claims
26  compensation, had before that time sustained an injury

 

 

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11  Sound Level DBA
12  Slow Response Hours Per Day
13  90 8
14  92 6
15  95 4
16  97 3
17  100 2
18  102 1-1/2
19  105 1
20  110 1/2
21  115 1/4


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1  resulting in the loss by amputation or partial loss by
2  amputation of any member, including hand, arm, thumb or
3  fingers, leg, foot or any toes, such loss or partial loss
4  of any such member shall be deducted from any award made
5  for the subsequent injury. For the permanent loss of use
6  or the permanent partial loss of use of any such member or
7  the partial loss of sight of an eye, for which
8  compensation has been paid, then such loss shall be taken
9  into consideration and deducted from any award for the
10  subsequent injury.
11  18. The specific case of loss of both hands, both
12  arms, or both feet, or both legs, or both eyes, or of any
13  two thereof, or the permanent and complete loss of the use
14  thereof, constitutes total and permanent disability, to be
15  compensated according to the compensation fixed by
16  paragraph (f) of this Section. These specific cases of
17  total and permanent disability do not exclude other cases.
18  Any employee who has previously suffered the loss or
19  permanent and complete loss of the use of any of such
20  members, and in a subsequent independent accident loses
21  another or suffers the permanent and complete loss of the
22  use of any one of such members the employer for whom the
23  injured employee is working at the time of the last
24  independent accident is liable to pay compensation only
25  for the loss or permanent and complete loss of the use of
26  the member occasioned by the last independent accident.

 

 

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1  19. In a case of specific loss and the subsequent
2  death of such injured employee from other causes than such
3  injury leaving a widow, widower, or dependents surviving
4  before payment or payment in full for such injury, then
5  the amount due for such injury is payable to the widow or
6  widower and, if there be no widow or widower, then to such
7  dependents, in the proportion which such dependency bears
8  to total dependency.
9  Beginning July 1, 1980, and every 6 months thereafter, the
10  Commission shall examine the Second Injury Fund and when,
11  after deducting all advances or loans made to such Fund, the
12  amount therein is $500,000 then the amount required to be paid
13  by employers pursuant to paragraph (f) of Section 7 shall be
14  reduced by one-half. When the Second Injury Fund reaches the
15  sum of $600,000 then the payments shall cease entirely.
16  However, when the Second Injury Fund has been reduced to
17  $400,000, payment of one-half of the amounts required by
18  paragraph (f) of Section 7 shall be resumed, in the manner
19  herein provided, and when the Second Injury Fund has been
20  reduced to $300,000, payment of the full amounts required by
21  paragraph (f) of Section 7 shall be resumed, in the manner
22  herein provided. The Commission shall make the changes in
23  payment effective by general order, and the changes in payment
24  become immediately effective for all cases coming before the
25  Commission thereafter either by settlement agreement or final
26  order, irrespective of the date of the accidental injury.

 

 

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1  On August 1, 1996 and on February 1 and August 1 of each
2  subsequent year, the Commission shall examine the special fund
3  designated as the "Rate Adjustment Fund" and when, after
4  deducting all advances or loans made to said fund, the amount
5  therein is $4,000,000, the amount required to be paid by
6  employers pursuant to paragraph (f) of Section 7 shall be
7  reduced by one-half. When the Rate Adjustment Fund reaches the
8  sum of $5,000,000 the payment therein shall cease entirely.
9  However, when said Rate Adjustment Fund has been reduced to
10  $3,000,000 the amounts required by paragraph (f) of Section 7
11  shall be resumed in the manner herein provided.
12  (f) In case of complete disability, which renders the
13  employee wholly and permanently incapable of work, or in the
14  specific case of total and permanent disability as provided in
15  subparagraph 18 of paragraph (e) of this Section, compensation
16  shall be payable at the rate provided in subparagraph 2 of
17  paragraph (b) of this Section for life.
18  An employee entitled to benefits under paragraph (f) of
19  this Section shall also be entitled to receive from the Rate
20  Adjustment Fund provided in paragraph (f) of Section 7 of the
21  supplementary benefits provided in paragraph (g) of this
22  Section 8.
23  If any employee who receives an award under this paragraph
24  afterwards returns to work or is able to do so, and earns or is
25  able to earn as much as before the accident, payments under
26  such award shall cease. If such employee returns to work, or is

 

 

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1  able to do so, and earns or is able to earn part but not as
2  much as before the accident, such award shall be modified so as
3  to conform to an award under paragraph (d) of this Section. If
4  such award is terminated or reduced under the provisions of
5  this paragraph, such employees have the right at any time
6  within 30 months after the date of such termination or
7  reduction to file petition with the Commission for the purpose
8  of determining whether any disability exists as a result of
9  the original accidental injury and the extent thereof.
10  Disability as enumerated in subdivision 18, paragraph (e)
11  of this Section is considered complete disability.
12  If an employee who had previously incurred loss or the
13  permanent and complete loss of use of one member, through the
14  loss or the permanent and complete loss of the use of one hand,
15  one arm, one foot, one leg, or one eye, incurs permanent and
16  complete disability through the loss or the permanent and
17  complete loss of the use of another member, he shall receive,
18  in addition to the compensation payable by the employer and
19  after such payments have ceased, an amount from the Second
20  Injury Fund provided for in paragraph (f) of Section 7, which,
21  together with the compensation payable from the employer in
22  whose employ he was when the last accidental injury was
23  incurred, will equal the amount payable for permanent and
24  complete disability as provided in this paragraph of this
25  Section.
26  The custodian of the Second Injury Fund provided for in

 

 

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1  paragraph (f) of Section 7 shall be joined with the employer as
2  a party respondent in the application for adjustment of claim.
3  The application for adjustment of claim shall state briefly
4  and in general terms the approximate time and place and manner
5  of the loss of the first member.
6  In its award the Commission or the Arbitrator shall
7  specifically find the amount the injured employee shall be
8  weekly paid, the number of weeks compensation which shall be
9  paid by the employer, the date upon which payments begin out of
10  the Second Injury Fund provided for in paragraph (f) of
11  Section 7 of this Act, the length of time the weekly payments
12  continue, the date upon which the pension payments commence
13  and the monthly amount of the payments. The Commission shall
14  30 days after the date upon which payments out of the Second
15  Injury Fund have begun as provided in the award, and every
16  month thereafter, prepare and submit to the State Comptroller
17  a voucher for payment for all compensation accrued to that
18  date at the rate fixed by the Commission. The State
19  Comptroller shall draw a warrant to the injured employee along
20  with a receipt to be executed by the injured employee and
21  returned to the Commission. The endorsed warrant and receipt
22  is a full and complete acquittance to the Commission for the
23  payment out of the Second Injury Fund. No other appropriation
24  or warrant is necessary for payment out of the Second Injury
25  Fund. The Second Injury Fund is appropriated for the purpose
26  of making payments according to the terms of the awards.

 

 

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1  As of July 1, 1980 to July 1, 1982, all claims against and
2  obligations of the Second Injury Fund shall become claims
3  against and obligations of the Rate Adjustment Fund to the
4  extent there is insufficient money in the Second Injury Fund
5  to pay such claims and obligations. In that case, all
6  references to "Second Injury Fund" in this Section shall also
7  include the Rate Adjustment Fund.
8  (g) Every award for permanent total disability entered by
9  the Commission on and after July 1, 1965 under which
10  compensation payments shall become due and payable after the
11  effective date of this amendatory Act, and every award for
12  death benefits or permanent total disability entered by the
13  Commission on and after the effective date of this amendatory
14  Act shall be subject to annual adjustments as to the amount of
15  the compensation rate therein provided. Such adjustments shall
16  first be made on July 15, 1977, and all awards made and entered
17  prior to July 1, 1975 and on July 15 of each year thereafter.
18  In all other cases such adjustment shall be made on July 15 of
19  the second year next following the date of the entry of the
20  award and shall further be made on July 15 annually
21  thereafter. If during the intervening period from the date of
22  the entry of the award, or the last periodic adjustment, there
23  shall have been an increase in the State's average weekly wage
24  in covered industries under the Unemployment Insurance Act,
25  the weekly compensation rate shall be proportionately
26  increased by the same percentage as the percentage of increase

 

 

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1  in the State's average weekly wage in covered industries under
2  the Unemployment Insurance Act. The increase in the
3  compensation rate under this paragraph shall in no event bring
4  the total compensation rate to an amount greater than the
5  prevailing maximum rate at the time that the annual adjustment
6  is made. Such increase shall be paid in the same manner as
7  herein provided for payments under the Second Injury Fund to
8  the injured employee, or his dependents, as the case may be,
9  out of the Rate Adjustment Fund provided in paragraph (f) of
10  Section 7 of this Act. Payments shall be made at the same
11  intervals as provided in the award or, at the option of the
12  Commission, may be made in quarterly payment on the 15th day of
13  January, April, July and October of each year. In the event of
14  a decrease in such average weekly wage there shall be no change
15  in the then existing compensation rate. The within paragraph
16  shall not apply to cases where there is disputed liability and
17  in which a compromise lump sum settlement between the employer
18  and the injured employee, or his dependents, as the case may
19  be, has been duly approved by the Illinois Workers'
20  Compensation Commission.
21  Provided, that in cases of awards entered by the
22  Commission for injuries occurring before July 1, 1975, the
23  increases in the compensation rate adjusted under the
24  foregoing provision of this paragraph (g) shall be limited to
25  increases in the State's average weekly wage in covered
26  industries under the Unemployment Insurance Act occurring

 

 

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1  after July 1, 1975.
2  For every accident occurring on or after July 20, 2005 but
3  before the effective date of this amendatory Act of the 94th
4  General Assembly (Senate Bill 1283 of the 94th General
5  Assembly), the annual adjustments to the compensation rate in
6  awards for death benefits or permanent total disability, as
7  provided in this Act, shall be paid by the employer. The
8  adjustment shall be made by the employer on July 15 of the
9  second year next following the date of the entry of the award
10  and shall further be made on July 15 annually thereafter. If
11  during the intervening period from the date of the entry of the
12  award, or the last periodic adjustment, there shall have been
13  an increase in the State's average weekly wage in covered
14  industries under the Unemployment Insurance Act, the employer
15  shall increase the weekly compensation rate proportionately by
16  the same percentage as the percentage of increase in the
17  State's average weekly wage in covered industries under the
18  Unemployment Insurance Act. The increase in the compensation
19  rate under this paragraph shall in no event bring the total
20  compensation rate to an amount greater than the prevailing
21  maximum rate at the time that the annual adjustment is made. In
22  the event of a decrease in such average weekly wage there shall
23  be no change in the then existing compensation rate. Such
24  increase shall be paid by the employer in the same manner and
25  at the same intervals as the payment of compensation in the
26  award. This paragraph shall not apply to cases where there is

 

 

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1  disputed liability and in which a compromise lump sum
2  settlement between the employer and the injured employee, or
3  his or her dependents, as the case may be, has been duly
4  approved by the Illinois Workers' Compensation Commission.
5  The annual adjustments for every award of death benefits
6  or permanent total disability involving accidents occurring
7  before July 20, 2005 and accidents occurring on or after the
8  effective date of this amendatory Act of the 94th General
9  Assembly (Senate Bill 1283 of the 94th General Assembly) shall
10  continue to be paid from the Rate Adjustment Fund pursuant to
11  this paragraph and Section 7(f) of this Act.
12  (h) In case death occurs from any cause before the total
13  compensation to which the employee would have been entitled
14  has been paid, then in case the employee leaves any widow,
15  widower, child, parent (or any grandchild, grandparent or
16  other lineal heir or any collateral heir dependent at the time
17  of the accident upon the earnings of the employee to the extent
18  of 50% or more of total dependency) such compensation shall be
19  paid to the beneficiaries of the deceased employee and
20  distributed as provided in paragraph (g) of Section 7.
21  (h-1) In case an injured employee is under legal
22  disability at the time when any right or privilege accrues to
23  him or her under this Act, a guardian may be appointed pursuant
24  to law, and may, on behalf of such person under legal
25  disability, claim and exercise any such right or privilege
26  with the same effect as if the employee himself or herself had

 

 

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1  claimed or exercised the right or privilege. No limitations of
2  time provided by this Act run so long as the employee who is
3  under legal disability is without a conservator or guardian.
4  (i) In case the injured employee is under 16 years of age
5  at the time of the accident and is illegally employed, the
6  amount of compensation payable under paragraphs (b), (c), (d),
7  (e) and (f) of this Section is increased 50%.
8  However, where an employer has on file an employment
9  certificate issued pursuant to the Child Labor Law of 2024 or
10  work permit issued pursuant to the Federal Fair Labor
11  Standards Act, as amended, or a birth certificate properly and
12  duly issued, such certificate, permit or birth certificate is
13  conclusive evidence as to the age of the injured minor
14  employee for the purposes of this Section.
15  Nothing herein contained repeals or amends the provisions
16  of the Child Labor Law of 2024 relating to the employment of
17  minors under the age of 16 years.
18  (j) 1. In the event the injured employee receives
19  benefits, including medical, surgical or hospital benefits
20  under any group plan covering non-occupational disabilities
21  contributed to wholly or partially by the employer, which
22  benefits should not have been payable if any rights of
23  recovery existed under this Act, then such amounts so paid to
24  the employee from any such group plan as shall be consistent
25  with, and limited to, the provisions of paragraph 2 hereof,
26  shall be credited to or against any compensation payment for

 

 

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1  temporary total incapacity for work or any medical, surgical
2  or hospital benefits made or to be made under this Act. In such
3  event, the period of time for giving notice of accidental
4  injury and filing application for adjustment of claim does not
5  commence to run until the termination of such payments. This
6  paragraph does not apply to payments made under any group plan
7  which would have been payable irrespective of an accidental
8  injury under this Act. Any employer receiving such credit
9  shall keep such employee safe and harmless from any and all
10  claims or liabilities that may be made against him by reason of
11  having received such payments only to the extent of such
12  credit.
13  Any excess benefits paid to or on behalf of a State
14  employee by the State Employees' Retirement System under
15  Article 14 of the Illinois Pension Code on a death claim or
16  disputed disability claim shall be credited against any
17  payments made or to be made by the State of Illinois to or on
18  behalf of such employee under this Act, except for payments
19  for medical expenses which have already been incurred at the
20  time of the award. The State of Illinois shall directly
21  reimburse the State Employees' Retirement System to the extent
22  of such credit.
23  2. Nothing contained in this Act shall be construed to
24  give the employer or the insurance carrier the right to credit
25  for any benefits or payments received by the employee other
26  than compensation payments provided by this Act, and where the

 

 

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1  employee receives payments other than compensation payments,
2  whether as full or partial salary, group insurance benefits,
3  bonuses, annuities or any other payments, the employer or
4  insurance carrier shall receive credit for each such payment
5  only to the extent of the compensation that would have been
6  payable during the period covered by such payment.
7  3. The extension of time for the filing of an Application
8  for Adjustment of Claim as provided in paragraph 1 above shall
9  not apply to those cases where the time for such filing had
10  expired prior to the date on which payments or benefits
11  enumerated herein have been initiated or resumed. Provided
12  however that this paragraph 3 shall apply only to cases
13  wherein the payments or benefits hereinabove enumerated shall
14  be received after July 1, 1969.
15  (Source: P.A. 103-721, eff. 1-1-25.)
16  Section 95. No acceleration or delay. Where this Act makes
17  changes in a statute that is represented in this Act by text
18  that is not yet or no longer in effect (for example, a Section
19  represented by multiple versions), the use of that text does
20  not accelerate or delay the taking effect of (i) the changes
21  made by this Act or (ii) provisions derived from any other
22  Public Act.

 

 

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