Illinois 2025-2026 Regular Session

Illinois House Bill HB1255 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1255 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 820 ILCS 305/8 from Ch. 48, par. 138.8 Amends the Workers' Compensation Act. Provides that, in computing the compensation to be paid to an employee who, before the accident for which the employee claims compensation, had before that time sustained an injury resulting in a permanency award or settlement, the award or settlement shall be deducted from any award made for the subsequent injury. Provides that, if an employee received an award or settlement for a shoulder injury between 2012 and the effective date of the amendatory Act, then the award or settlement shall be converted to the appropriate number of weeks for an arm and the credit taken against any award or settlement shall be taken on the arm. Effective immediately. LRB104 03228 SPS 13250 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1255 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. Provides that, in computing the compensation to be paid to an employee who, before the accident for which the employee claims compensation, had before that time sustained an injury resulting in a permanency award or settlement, the award or settlement shall be deducted from any award made for the subsequent injury. Provides that, if an employee received an award or settlement for a shoulder injury between 2012 and the effective date of the amendatory Act, then the award or settlement shall be converted to the appropriate number of weeks for an arm and the credit taken against any award or settlement shall be taken on the arm. Effective immediately. LRB104 03228 SPS 13250 b LRB104 03228 SPS 13250 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1255 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
3	3	820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/8 from Ch. 48, par. 138.8
4	4	820 ILCS 305/8 from Ch. 48, par. 138.8
5	5	Amends the Workers' Compensation Act. Provides that, in computing the compensation to be paid to an employee who, before the accident for which the employee claims compensation, had before that time sustained an injury resulting in a permanency award or settlement, the award or settlement shall be deducted from any award made for the subsequent injury. Provides that, if an employee received an award or settlement for a shoulder injury between 2012 and the effective date of the amendatory Act, then the award or settlement shall be converted to the appropriate number of weeks for an arm and the credit taken against any award or settlement shall be taken on the arm. Effective immediately.
6	6	LRB104 03228 SPS 13250 b LRB104 03228 SPS 13250 b
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8	8	A BILL FOR
9	9	HB1255LRB104 03228 SPS 13250 b HB1255 LRB104 03228 SPS 13250 b
10	10	HB1255 LRB104 03228 SPS 13250 b
11	11	1 AN ACT concerning employment.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Workers' Compensation Act is amended by
15	15	5 changing Section 8 as follows:
16	16	6 (820 ILCS 305/8) (from Ch. 48, par. 138.8)
17	17	7 Sec. 8. The amount of compensation which shall be paid to
18	18	8 the employee for an accidental injury not resulting in death
19	19	9 is:
20	20	10 (a) The employer shall provide and pay the negotiated
21	21	11 rate, if applicable, or the lesser of the health care
22	22	12 provider's actual charges or according to a fee schedule,
23	23	13 subject to Section 8.2, in effect at the time the service was
24	24	14 rendered for all the necessary first aid, medical and surgical
25	25	15 services, and all necessary medical, surgical and hospital
26	26	16 services thereafter incurred, limited, however, to that which
27	27	17 is reasonably required to cure or relieve from the effects of
28	28	18 the accidental injury, even if a health care provider sells,
29	29	19 transfers, or otherwise assigns an account receivable for
30	30	20 procedures, treatments, or services covered under this Act. If
31	31	21 the employer does not dispute payment of first aid, medical,
32	32	22 surgical, and hospital services, the employer shall make such
33	33	23 payment to the provider on behalf of the employee. The
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1255 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
38	38	820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/8 from Ch. 48, par. 138.8
39	39	820 ILCS 305/8 from Ch. 48, par. 138.8
40	40	Amends the Workers' Compensation Act. Provides that, in computing the compensation to be paid to an employee who, before the accident for which the employee claims compensation, had before that time sustained an injury resulting in a permanency award or settlement, the award or settlement shall be deducted from any award made for the subsequent injury. Provides that, if an employee received an award or settlement for a shoulder injury between 2012 and the effective date of the amendatory Act, then the award or settlement shall be converted to the appropriate number of weeks for an arm and the credit taken against any award or settlement shall be taken on the arm. Effective immediately.
41	41	LRB104 03228 SPS 13250 b LRB104 03228 SPS 13250 b
42	42	LRB104 03228 SPS 13250 b
43	43	A BILL FOR
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49	49	820 ILCS 305/8 from Ch. 48, par. 138.8
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68	68	1 employer shall also pay for treatment, instruction and
69	69	2 training necessary for the physical, mental and vocational
70	70	3 rehabilitation of the employee, including all maintenance
71	71	4 costs and expenses incidental thereto. If as a result of the
72	72	5 injury the employee is unable to be self-sufficient the
73	73	6 employer shall further pay for such maintenance or
74	74	7 institutional care as shall be required.
75	75	8 The employee may at any time elect to secure his own
76	76	9 physician, surgeon and hospital services at the employer's
77	77	10 expense, or,
78	78	11 Upon agreement between the employer and the employees, or
79	79	12 the employees' exclusive representative, and subject to the
80	80	13 approval of the Illinois Workers' Compensation Commission, the
81	81	14 employer shall maintain a list of physicians, to be known as a
82	82	15 Panel of Physicians, who are accessible to the employees. The
83	83	16 employer shall post this list in a place or places easily
84	84	17 accessible to his employees. The employee shall have the right
85	85	18 to make an alternative choice of physician from such Panel if
86	86	19 he is not satisfied with the physician first selected. If, due
87	87	20 to the nature of the injury or its occurrence away from the
88	88	21 employer's place of business, the employee is unable to make a
89	89	22 selection from the Panel, the selection process from the Panel
90	90	23 shall not apply. The physician selected from the Panel may
91	91	24 arrange for any consultation, referral or other specialized
92	92	25 medical services outside the Panel at the employer's expense.
93	93	26 Provided that, in the event the Commission shall find that a
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104	104	1 doctor selected by the employee is rendering improper or
105	105	2 inadequate care, the Commission may order the employee to
106	106	3 select another doctor certified or qualified in the medical
107	107	4 field for which treatment is required. If the employee refuses
108	108	5 to make such change the Commission may relieve the employer of
109	109	6 his obligation to pay the doctor's charges from the date of
110	110	7 refusal to the date of compliance.
111	111	8 Any vocational rehabilitation counselors who provide
112	112	9 service under this Act shall have appropriate certifications
113	113	10 which designate the counselor as qualified to render opinions
114	114	11 relating to vocational rehabilitation. Vocational
115	115	12 rehabilitation may include, but is not limited to, counseling
116	116	13 for job searches, supervising a job search program, and
117	117	14 vocational retraining including education at an accredited
118	118	15 learning institution. The employee or employer may petition to
119	119	16 the Commission to decide disputes relating to vocational
120	120	17 rehabilitation and the Commission shall resolve any such
121	121	18 dispute, including payment of the vocational rehabilitation
122	122	19 program by the employer.
123	123	20 The maintenance benefit shall not be less than the
124	124	21 temporary total disability rate determined for the employee.
125	125	22 In addition, maintenance shall include costs and expenses
126	126	23 incidental to the vocational rehabilitation program.
127	127	24 When the employee is working light duty on a part-time
128	128	25 basis or full-time basis and earns less than he or she would be
129	129	26 earning if employed in the full capacity of the job or jobs,
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140	140	1 then the employee shall be entitled to temporary partial
141	141	2 disability benefits. Temporary partial disability benefits
142	142	3 shall be equal to two-thirds of the difference between the
143	143	4 average amount that the employee would be able to earn in the
144	144	5 full performance of his or her duties in the occupation in
145	145	6 which he or she was engaged at the time of accident and the
146	146	7 gross amount which he or she is earning in the modified job
147	147	8 provided to the employee by the employer or in any other job
148	148	9 that the employee is working.
149	149	10 Every hospital, physician, surgeon or other person
150	150	11 rendering treatment or services in accordance with the
151	151	12 provisions of this Section shall upon written request furnish
152	152	13 full and complete reports thereof to, and permit their records
153	153	14 to be copied by, the employer, the employee or his dependents,
154	154	15 as the case may be, or any other party to any proceeding for
155	155	16 compensation before the Commission, or their attorneys.
156	156	17 Notwithstanding the foregoing, the employer's liability to
157	157	18 pay for such medical services selected by the employee shall
158	158	19 be limited to:
159	159	20 (1) all first aid and emergency treatment; plus
160	160	21 (2) all medical, surgical and hospital services
161	161	22 provided by the physician, surgeon or hospital initially
162	162	23 chosen by the employee or by any other physician,
163	163	24 consultant, expert, institution or other provider of
164	164	25 services recommended by said initial service provider or
165	165	26 any subsequent provider of medical services in the chain
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176	176	1 of referrals from said initial service provider; plus
177	177	2 (3) all medical, surgical and hospital services
178	178	3 provided by any second physician, surgeon or hospital
179	179	4 subsequently chosen by the employee or by any other
180	180	5 physician, consultant, expert, institution or other
181	181	6 provider of services recommended by said second service
182	182	7 provider or any subsequent provider of medical services in
183	183	8 the chain of referrals from said second service provider.
184	184	9 Thereafter the employer shall select and pay for all
185	185	10 necessary medical, surgical and hospital treatment and the
186	186	11 employee may not select a provider of medical services at
187	187	12 the employer's expense unless the employer agrees to such
188	188	13 selection. At any time the employee may obtain any medical
189	189	14 treatment he desires at his own expense. This paragraph
190	190	15 shall not affect the duty to pay for rehabilitation
191	191	16 referred to above.
192	192	17 (4) The following shall apply for injuries occurring
193	193	18 on or after June 28, 2011 (the effective date of Public Act
194	194	19 97-18) and only when an employer has an approved preferred
195	195	20 provider program pursuant to Section 8.1a on the date the
196	196	21 employee sustained his or her accidental injuries:
197	197	22 (A) The employer shall, in writing, on a form
198	198	23 promulgated by the Commission, inform the employee of
199	199	24 the preferred provider program;
200	200	25 (B) Subsequent to the report of an injury by an
201	201	26 employee, the employee may choose in writing at any
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212	212	1 time to decline the preferred provider program, in
213	213	2 which case that would constitute one of the two
214	214	3 choices of medical providers to which the employee is
215	215	4 entitled under subsection (a)(2) or (a)(3); and
216	216	5 (C) Prior to the report of an injury by an
217	217	6 employee, when an employee chooses non-emergency
218	218	7 treatment from a provider not within the preferred
219	219	8 provider program, that would constitute the employee's
220	220	9 one choice of medical providers to which the employee
221	221	10 is entitled under subsection (a)(2) or (a)(3).
222	222	11 When an employer and employee so agree in writing, nothing
223	223	12 in this Act prevents an employee whose injury or disability
224	224	13 has been established under this Act, from relying in good
225	225	14 faith, on treatment by prayer or spiritual means alone, in
226	226	15 accordance with the tenets and practice of a recognized church
227	227	16 or religious denomination, by a duly accredited practitioner
228	228	17 thereof, and having nursing services appropriate therewith,
229	229	18 without suffering loss or diminution of the compensation
230	230	19 benefits under this Act. However, the employee shall submit to
231	231	20 all physical examinations required by this Act. The cost of
232	232	21 such treatment and nursing care shall be paid by the employee
233	233	22 unless the employer agrees to make such payment.
234	234	23 Where the accidental injury results in the amputation of
235	235	24 an arm, hand, leg or foot, or the enucleation of an eye, or the
236	236	25 loss of any of the natural teeth, the employer shall furnish an
237	237	26 artificial of any such members lost or damaged in accidental
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248	248	1 injury arising out of and in the course of employment, and
249	249	2 shall also furnish the necessary braces in all proper and
250	250	3 necessary cases. In cases of the loss of a member or members by
251	251	4 amputation, the employer shall, whenever necessary, maintain
252	252	5 in good repair, refit or replace the artificial limbs during
253	253	6 the lifetime of the employee. Where the accidental injury
254	254	7 accompanied by physical injury results in damage to a denture,
255	255	8 eye glasses or contact eye lenses, or where the accidental
256	256	9 injury results in damage to an artificial member, the employer
257	257	10 shall replace or repair such denture, glasses, lenses, or
258	258	11 artificial member.
259	259	12 The furnishing by the employer of any such services or
260	260	13 appliances is not an admission of liability on the part of the
261	261	14 employer to pay compensation.
262	262	15 The furnishing of any such services or appliances or the
263	263	16 servicing thereof by the employer is not the payment of
264	264	17 compensation.
265	265	18 (b) If the period of temporary total incapacity for work
266	266	19 lasts more than 3 working days, weekly compensation as
267	267	20 hereinafter provided shall be paid beginning on the 4th day of
268	268	21 such temporary total incapacity and continuing as long as the
269	269	22 total temporary incapacity lasts. In cases where the temporary
270	270	23 total incapacity for work continues for a period of 14 days or
271	271	24 more from the day of the accident compensation shall commence
272	272	25 on the day after the accident.
273	273	26 1. The compensation rate for temporary total
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284	284	1 incapacity under this paragraph (b) of this Section shall
285	285	2 be equal to 66 2/3% of the employee's average weekly wage
286	286	3 computed in accordance with Section 10, provided that it
287	287	4 shall be not less than 66 2/3% of the sum of the Federal
288	288	5 minimum wage under the Fair Labor Standards Act, or the
289	289	6 Illinois minimum wage under the Minimum Wage Law,
290	290	7 whichever is more, multiplied by 40 hours. This percentage
291	291	8 rate shall be increased by 10% for each spouse and child,
292	292	9 not to exceed 100% of the total minimum wage calculation,
293	293	10 nor exceed the employee's average weekly wage computed in
294	294	11 accordance with the provisions of Section 10, whichever is
295	295	12 less.
296	296	13 2. The compensation rate in all cases other than for
297	297	14 temporary total disability under this paragraph (b), and
298	298	15 other than for serious and permanent disfigurement under
299	299	16 paragraph (c) and other than for permanent partial
300	300	17 disability under subparagraph (2) of paragraph (d) or
301	301	18 under paragraph (e), of this Section shall be equal to 66
302	302	19 2/3% of the employee's average weekly wage computed in
303	303	20 accordance with the provisions of Section 10, provided
304	304	21 that it shall be not less than 66 2/3% of the sum of the
305	305	22 Federal minimum wage under the Fair Labor Standards Act,
306	306	23 or the Illinois minimum wage under the Minimum Wage Law,
307	307	24 whichever is more, multiplied by 40 hours. This percentage
308	308	25 rate shall be increased by 10% for each spouse and child,
309	309	26 not to exceed 100% of the total minimum wage calculation,
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320	320	1 nor exceed the employee's average weekly wage computed in
321	321	2 accordance with the provisions of Section 10, whichever is
322	322	3 less.
323	323	4 2.1. The compensation rate in all cases of serious and
324	324	5 permanent disfigurement under paragraph (c) and of
325	325	6 permanent partial disability under subparagraph (2) of
326	326	7 paragraph (d) or under paragraph (e) of this Section shall
327	327	8 be equal to 60% of the employee's average weekly wage
328	328	9 computed in accordance with the provisions of Section 10,
329	329	10 provided that it shall be not less than 66 2/3% of the sum
330	330	11 of the Federal minimum wage under the Fair Labor Standards
331	331	12 Act, or the Illinois minimum wage under the Minimum Wage
332	332	13 Law, whichever is more, multiplied by 40 hours. This
333	333	14 percentage rate shall be increased by 10% for each spouse
334	334	15 and child, not to exceed 100% of the total minimum wage
335	335	16 calculation, nor exceed the employee's average weekly wage
336	336	17 computed in accordance with the provisions of Section 10,
337	337	18 whichever is less.
338	338	19 3. As used in this Section the term "child" means a
339	339	20 child of the employee including any child legally adopted
340	340	21 before the accident or whom at the time of the accident the
341	341	22 employee was under legal obligation to support or to whom
342	342	23 the employee stood in loco parentis, and who at the time of
343	343	24 the accident was under 18 years of age and not
344	344	25 emancipated. The term "children" means the plural of
345	345	26 "child".
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356	356	1 4. All weekly compensation rates provided under
357	357	2 subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
358	358	3 Section shall be subject to the following limitations:
359	359	4 The maximum weekly compensation rate from July 1,
360	360	5 1975, except as hereinafter provided, shall be 100% of the
361	361	6 State's average weekly wage in covered industries under
362	362	7 the Unemployment Insurance Act, that being the wage that
363	363	8 most closely approximates the State's average weekly wage.
364	364	9 The maximum weekly compensation rate, for the period
365	365	10 July 1, 1984, through June 30, 1987, except as hereinafter
366	366	11 provided, shall be $293.61. Effective July 1, 1987 and on
367	367	12 July 1 of each year thereafter the maximum weekly
368	368	13 compensation rate, except as hereinafter provided, shall
369	369	14 be determined as follows: if during the preceding 12 month
370	370	15 period there shall have been an increase in the State's
371	371	16 average weekly wage in covered industries under the
372	372	17 Unemployment Insurance Act, the weekly compensation rate
373	373	18 shall be proportionately increased by the same percentage
374	374	19 as the percentage of increase in the State's average
375	375	20 weekly wage in covered industries under the Unemployment
376	376	21 Insurance Act during such period.
377	377	22 The maximum weekly compensation rate, for the period
378	378	23 January 1, 1981 through December 31, 1983, except as
379	379	24 hereinafter provided, shall be 100% of the State's average
380	380	25 weekly wage in covered industries under the Unemployment
381	381	26 Insurance Act in effect on January 1, 1981. Effective
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392	392	1 January 1, 1984 and on January 1, of each year thereafter
393	393	2 the maximum weekly compensation rate, except as
394	394	3 hereinafter provided, shall be determined as follows: if
395	395	4 during the preceding 12 month period there shall have been
396	396	5 an increase in the State's average weekly wage in covered
397	397	6 industries under the Unemployment Insurance Act, the
398	398	7 weekly compensation rate shall be proportionately
399	399	8 increased by the same percentage as the percentage of
400	400	9 increase in the State's average weekly wage in covered
401	401	10 industries under the Unemployment Insurance Act during
402	402	11 such period.
403	403	12 From July 1, 1977 and thereafter such maximum weekly
404	404	13 compensation rate in death cases under Section 7, and
405	405	14 permanent total disability cases under paragraph (f) or
406	406	15 subparagraph 18 of paragraph (3) of this Section and for
407	407	16 temporary total disability under paragraph (b) of this
408	408	17 Section and for amputation of a member or enucleation of
409	409	18 an eye under paragraph (e) of this Section shall be
410	410	19 increased to 133-1/3% of the State's average weekly wage
411	411	20 in covered industries under the Unemployment Insurance
412	412	21 Act.
413	413	22 For injuries occurring on or after February 1, 2006,
414	414	23 the maximum weekly benefit under paragraph (d)1 of this
415	415	24 Section shall be 100% of the State's average weekly wage
416	416	25 in covered industries under the Unemployment Insurance
417	417	26 Act.
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428	428	1 4.1. Any provision herein to the contrary
429	429	2 notwithstanding, the weekly compensation rate for
430	430	3 compensation payments under subparagraph 18 of paragraph
431	431	4 (e) of this Section and under paragraph (f) of this
432	432	5 Section and under paragraph (a) of Section 7 and for
433	433	6 amputation of a member or enucleation of an eye under
434	434	7 paragraph (e) of this Section, shall in no event be less
435	435	8 than 50% of the State's average weekly wage in covered
436	436	9 industries under the Unemployment Insurance Act.
437	437	10 4.2. Any provision to the contrary notwithstanding,
438	438	11 the total compensation payable under Section 7 shall not
439	439	12 exceed the greater of $500,000 or 25 years.
440	440	13 5. For the purpose of this Section this State's
441	441	14 average weekly wage in covered industries under the
442	442	15 Unemployment Insurance Act on July 1, 1975 is hereby fixed
443	443	16 at $228.16 per week and the computation of compensation
444	444	17 rates shall be based on the aforesaid average weekly wage
445	445	18 until modified as hereinafter provided.
446	446	19 6. The Department of Employment Security of the State
447	447	20 shall on or before the first day of December, 1977, and on
448	448	21 or before the first day of June, 1978, and on the first day
449	449	22 of each December and June of each year thereafter, publish
450	450	23 the State's average weekly wage in covered industries
451	451	24 under the Unemployment Insurance Act and the Illinois
452	452	25 Workers' Compensation Commission shall on the 15th day of
453	453	26 January, 1978 and on the 15th day of July, 1978 and on the
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464	464	1 15th day of each January and July of each year thereafter,
465	465	2 post and publish the State's average weekly wage in
466	466	3 covered industries under the Unemployment Insurance Act as
467	467	4 last determined and published by the Department of
468	468	5 Employment Security. The amount when so posted and
469	469	6 published shall be conclusive and shall be applicable as
470	470	7 the basis of computation of compensation rates until the
471	471	8 next posting and publication as aforesaid.
472	472	9 7. The payment of compensation by an employer or his
473	473	10 insurance carrier to an injured employee shall not
474	474	11 constitute an admission of the employer's liability to pay
475	475	12 compensation.
476	476	13 (c) For any serious and permanent disfigurement to the
477	477	14 hand, head, face, neck, arm, leg below the knee or the chest
478	478	15 above the axillary line, the employee is entitled to
479	479	16 compensation for such disfigurement, the amount determined by
480	480	17 agreement at any time or by arbitration under this Act, at a
481	481	18 hearing not less than 6 months after the date of the accidental
482	482	19 injury, which amount shall not exceed 150 weeks (if the
483	483	20 accidental injury occurs on or after the effective date of
484	484	21 this amendatory Act of the 94th General Assembly but before
485	485	22 February 1, 2006) or 162 weeks (if the accidental injury
486	486	23 occurs on or after February 1, 2006) at the applicable rate
487	487	24 provided in subparagraph 2.1 of paragraph (b) of this Section.
488	488	25 No compensation is payable under this paragraph where
489	489	26 compensation is payable under paragraphs (d), (e) or (f) of
490	490
491	491
492	492
493	493
494	494
495	495	HB1255 - 13 - LRB104 03228 SPS 13250 b
496	496
497	497
498	498	HB1255- 14 -LRB104 03228 SPS 13250 b HB1255 - 14 - LRB104 03228 SPS 13250 b
499	499	HB1255 - 14 - LRB104 03228 SPS 13250 b
500	500	1 this Section.
501	501	2 A duly appointed member of a fire department in a city, the
502	502	3 population of which exceeds 500,000 according to the last
503	503	4 federal or State census, is eligible for compensation under
504	504	5 this paragraph only where such serious and permanent
505	505	6 disfigurement results from burns.
506	506	7 (d) 1. If, after the accidental injury has been sustained,
507	507	8 the employee as a result thereof becomes partially
508	508	9 incapacitated from pursuing his usual and customary line of
509	509	10 employment, he shall, except in cases compensated under the
510	510	11 specific schedule set forth in paragraph (e) of this Section,
511	511	12 receive compensation for the duration of his disability,
512	512	13 subject to the limitations as to maximum amounts fixed in
513	513	14 paragraph (b) of this Section, equal to 66-2/3% of the
514	514	15 difference between the average amount which he would be able
515	515	16 to earn in the full performance of his duties in the occupation
516	516	17 in which he was engaged at the time of the accident and the
517	517	18 average amount which he is earning or is able to earn in some
518	518	19 suitable employment or business after the accident. For
519	519	20 accidental injuries that occur on or after September 1, 2011,
520	520	21 an award for wage differential under this subsection shall be
521	521	22 effective only until the employee reaches the age of 67 or 5
522	522	23 years from the date the award becomes final, whichever is
523	523	24 later.
524	524	25 2. If, as a result of the accident, the employee sustains
525	525	26 serious and permanent injuries not covered by paragraphs (c)
526	526
527	527
528	528
529	529
530	530
531	531	HB1255 - 14 - LRB104 03228 SPS 13250 b
532	532
533	533
534	534	HB1255- 15 -LRB104 03228 SPS 13250 b HB1255 - 15 - LRB104 03228 SPS 13250 b
535	535	HB1255 - 15 - LRB104 03228 SPS 13250 b
536	536	1 and (e) of this Section or having sustained injuries covered
537	537	2 by the aforesaid paragraphs (c) and (e), he shall have
538	538	3 sustained in addition thereto other injuries which injuries do
539	539	4 not incapacitate him from pursuing the duties of his
540	540	5 employment but which would disable him from pursuing other
541	541	6 suitable occupations, or which have otherwise resulted in
542	542	7 physical impairment; or if such injuries partially
543	543	8 incapacitate him from pursuing the duties of his usual and
544	544	9 customary line of employment but do not result in an
545	545	10 impairment of earning capacity, or having resulted in an
546	546	11 impairment of earning capacity, the employee elects to waive
547	547	12 his right to recover under the foregoing subparagraph 1 of
548	548	13 paragraph (d) of this Section then in any of the foregoing
549	549	14 events, he shall receive in addition to compensation for
550	550	15 temporary total disability under paragraph (b) of this
551	551	16 Section, compensation at the rate provided in subparagraph 2.1
552	552	17 of paragraph (b) of this Section for that percentage of 500
553	553	18 weeks that the partial disability resulting from the injuries
554	554	19 covered by this paragraph bears to total disability. If the
555	555	20 employee shall have sustained a fracture of one or more
556	556	21 vertebra or fracture of the skull, the amount of compensation
557	557	22 allowed under this Section shall be not less than 6 weeks for a
558	558	23 fractured skull and 6 weeks for each fractured vertebra, and
559	559	24 in the event the employee shall have sustained a fracture of
560	560	25 any of the following facial bones: nasal, lachrymal, vomer,
561	561	26 zygoma, maxilla, palatine or mandible, the amount of
562	562
563	563
564	564
565	565
566	566
567	567	HB1255 - 15 - LRB104 03228 SPS 13250 b
568	568
569	569
570	570	HB1255- 16 -LRB104 03228 SPS 13250 b HB1255 - 16 - LRB104 03228 SPS 13250 b
571	571	HB1255 - 16 - LRB104 03228 SPS 13250 b
572	572	1 compensation allowed under this Section shall be not less than
573	573	2 2 weeks for each such fractured bone, and for a fracture of
574	574	3 each transverse process not less than 3 weeks. In the event
575	575	4 such injuries shall result in the loss of a kidney, spleen or
576	576	5 lung, the amount of compensation allowed under this Section
577	577	6 shall be not less than 10 weeks for each such organ.
578	578	7 Compensation awarded under this subparagraph 2 shall not take
579	579	8 into consideration injuries covered under paragraphs (c) and
580	580	9 (e) of this Section and the compensation provided in this
581	581	10 paragraph shall not affect the employee's right to
582	582	11 compensation payable under paragraphs (b), (c) and (e) of this
583	583	12 Section for the disabilities therein covered.
584	584	13 In computing the compensation to be paid to any employee
585	585	14 who, before the accident for which the employee claims
586	586	15 compensation, had before that time sustained an injury
587	587	16 resulting in an award or settlement for permanency given under
588	588	17 subparagraph 2 of this paragraph, such award shall be deducted
589	589	18 from any award made for the subsequent injury resulting in an
590	590	19 award or settlement for permanency given under this
591	591	20 subparagraph 2 of this paragraph.
592	592	21 (e) For accidental injuries in the following schedule, the
593	593	22 employee shall receive compensation for the period of
594	594	23 temporary total incapacity for work resulting from such
595	595	24 accidental injury, under subparagraph 1 of paragraph (b) of
596	596	25 this Section, and shall receive in addition thereto
597	597	26 compensation for a further period for the specific loss herein
598	598
599	599
600	600
601	601
602	602
603	603	HB1255 - 16 - LRB104 03228 SPS 13250 b
604	604
605	605
606	606	HB1255- 17 -LRB104 03228 SPS 13250 b HB1255 - 17 - LRB104 03228 SPS 13250 b
607	607	HB1255 - 17 - LRB104 03228 SPS 13250 b
608	608	1 mentioned, but shall not receive any compensation under any
609	609	2 other provisions of this Act. The following listed amounts
610	610	3 apply to either the loss of or the permanent and complete loss
611	611	4 of use of the member specified, such compensation for the
612	612	5 length of time as follows:
613	613	6 1. Thumb-
614	614	7 70 weeks if the accidental injury occurs on or
615	615	8 after the effective date of this amendatory Act of the
616	616	9 94th General Assembly but before February 1, 2006.
617	617	10 76 weeks if the accidental injury occurs on or
618	618	11 after February 1, 2006.
619	619	12 2. First, or index finger-
620	620	13 40 weeks if the accidental injury occurs on or
621	621	14 after the effective date of this amendatory Act of the
622	622	15 94th General Assembly but before February 1, 2006.
623	623	16 43 weeks if the accidental injury occurs on or
624	624	17 after February 1, 2006.
625	625	18 3. Second, or middle finger-
626	626	19 35 weeks if the accidental injury occurs on or
627	627	20 after the effective date of this amendatory Act of the
628	628	21 94th General Assembly but before February 1, 2006.
629	629	22 38 weeks if the accidental injury occurs on or
630	630	23 after February 1, 2006.
631	631	24 4. Third, or ring finger-
632	632	25 25 weeks if the accidental injury occurs on or
633	633	26 after the effective date of this amendatory Act of the
634	634
635	635
636	636
637	637
638	638
639	639	HB1255 - 17 - LRB104 03228 SPS 13250 b
640	640
641	641
642	642	HB1255- 18 -LRB104 03228 SPS 13250 b HB1255 - 18 - LRB104 03228 SPS 13250 b
643	643	HB1255 - 18 - LRB104 03228 SPS 13250 b
644	644	1 94th General Assembly but before February 1, 2006.
645	645	2 27 weeks if the accidental injury occurs on or
646	646	3 after February 1, 2006.
647	647	4 5. Fourth, or little finger-
648	648	5 20 weeks if the accidental injury occurs on or
649	649	6 after the effective date of this amendatory Act of the
650	650	7 94th General Assembly but before February 1, 2006.
651	651	8 22 weeks if the accidental injury occurs on or
652	652	9 after February 1, 2006.
653	653	10 6. Great toe-
654	654	11 35 weeks if the accidental injury occurs on or
655	655	12 after the effective date of this amendatory Act of the
656	656	13 94th General Assembly but before February 1, 2006.
657	657	14 38 weeks if the accidental injury occurs on or
658	658	15 after February 1, 2006.
659	659	16 7. Each toe other than great toe-
660	660	17 12 weeks if the accidental injury occurs on or
661	661	18 after the effective date of this amendatory Act of the
662	662	19 94th General Assembly but before February 1, 2006.
663	663	20 13 weeks if the accidental injury occurs on or
664	664	21 after February 1, 2006.
665	665	22 8. The loss of the first or distal phalanx of the thumb
666	666	23 or of any finger or toe shall be considered to be equal to
667	667	24 the loss of one-half of such thumb, finger or toe and the
668	668	25 compensation payable shall be one-half of the amount above
669	669	26 specified. The loss of more than one phalanx shall be
670	670
671	671
672	672
673	673
674	674
675	675	HB1255 - 18 - LRB104 03228 SPS 13250 b
676	676
677	677
678	678	HB1255- 19 -LRB104 03228 SPS 13250 b HB1255 - 19 - LRB104 03228 SPS 13250 b
679	679	HB1255 - 19 - LRB104 03228 SPS 13250 b
680	680	1 considered as the loss of the entire thumb, finger or toe.
681	681	2 In no case shall the amount received for more than one
682	682	3 finger exceed the amount provided in this schedule for the
683	683	4 loss of a hand.
684	684	5 9. Hand-
685	685	6 190 weeks if the accidental injury occurs on or
686	686	7 after the effective date of this amendatory Act of the
687	687	8 94th General Assembly but before February 1, 2006.
688	688	9 205 weeks if the accidental injury occurs on or
689	689	10 after February 1, 2006.
690	690	11 190 weeks if the accidental injury occurs on or
691	691	12 after June 28, 2011 (the effective date of Public Act
692	692	13 97-18) and if the accidental injury involves carpal
693	693	14 tunnel syndrome due to repetitive or cumulative
694	694	15 trauma, in which case the permanent partial disability
695	695	16 shall not exceed 15% loss of use of the hand, except
696	696	17 for cause shown by clear and convincing evidence and
697	697	18 in which case the award shall not exceed 30% loss of
698	698	19 use of the hand.
699	699	20 The loss of 2 or more digits, or one or more phalanges
700	700	21 of 2 or more digits, of a hand may be compensated on the
701	701	22 basis of partial loss of use of a hand, provided, further,
702	702	23 that the loss of 4 digits, or the loss of use of 4 digits,
703	703	24 in the same hand shall constitute the complete loss of a
704	704	25 hand.
705	705	26 10. Arm-
706	706
707	707
708	708
709	709
710	710
711	711	HB1255 - 19 - LRB104 03228 SPS 13250 b
712	712
713	713
714	714	HB1255- 20 -LRB104 03228 SPS 13250 b HB1255 - 20 - LRB104 03228 SPS 13250 b
715	715	HB1255 - 20 - LRB104 03228 SPS 13250 b
716	716	1 235 weeks if the accidental injury occurs on or
717	717	2 after the effective date of this amendatory Act of the
718	718	3 94th General Assembly but before February 1, 2006.
719	719	4 253 weeks if the accidental injury occurs on or
720	720	5 after February 1, 2006.
721	721	6 Where an accidental injury results in the amputation
722	722	7 of an arm below the elbow, such injury shall be
723	723	8 compensated as a loss of an arm. Where an accidental
724	724	9 injury results in the amputation of an arm above the
725	725	10 elbow, compensation for an additional 15 weeks (if the
726	726	11 accidental injury occurs on or after the effective date of
727	727	12 this amendatory Act of the 94th General Assembly but
728	728	13 before February 1, 2006) or an additional 17 weeks (if the
729	729	14 accidental injury occurs on or after February 1, 2006)
730	730	15 shall be paid, except where the accidental injury results
731	731	16 in the amputation of an arm at the shoulder joint, or so
732	732	17 close to shoulder joint that an artificial arm cannot be
733	733	18 used, or results in the disarticulation of an arm at the
734	734	19 shoulder joint, in which case compensation for an
735	735	20 additional 65 weeks (if the accidental injury occurs on or
736	736	21 after the effective date of this amendatory Act of the
737	737	22 94th General Assembly but before February 1, 2006) or an
738	738	23 additional 70 weeks (if the accidental injury occurs on or
739	739	24 after February 1, 2006) shall be paid.
740	740	25 11. Foot-
741	741	26 155 weeks if the accidental injury occurs on or
742	742
743	743
744	744
745	745
746	746
747	747	HB1255 - 20 - LRB104 03228 SPS 13250 b
748	748
749	749
750	750	HB1255- 21 -LRB104 03228 SPS 13250 b HB1255 - 21 - LRB104 03228 SPS 13250 b
751	751	HB1255 - 21 - LRB104 03228 SPS 13250 b
752	752	1 after the effective date of this amendatory Act of the
753	753	2 94th General Assembly but before February 1, 2006.
754	754	3 167 weeks if the accidental injury occurs on or
755	755	4 after February 1, 2006.
756	756	5 12. Leg-
757	757	6 200 weeks if the accidental injury occurs on or
758	758	7 after the effective date of this amendatory Act of the
759	759	8 94th General Assembly but before February 1, 2006.
760	760	9 215 weeks if the accidental injury occurs on or
761	761	10 after February 1, 2006.
762	762	11 Where an accidental injury results in the amputation
763	763	12 of a leg below the knee, such injury shall be compensated
764	764	13 as loss of a leg. Where an accidental injury results in the
765	765	14 amputation of a leg above the knee, compensation for an
766	766	15 additional 25 weeks (if the accidental injury occurs on or
767	767	16 after the effective date of this amendatory Act of the
768	768	17 94th General Assembly but before February 1, 2006) or an
769	769	18 additional 27 weeks (if the accidental injury occurs on or
770	770	19 after February 1, 2006) shall be paid, except where the
771	771	20 accidental injury results in the amputation of a leg at
772	772	21 the hip joint, or so close to the hip joint that an
773	773	22 artificial leg cannot be used, or results in the
774	774	23 disarticulation of a leg at the hip joint, in which case
775	775	24 compensation for an additional 75 weeks (if the accidental
776	776	25 injury occurs on or after the effective date of this
777	777	26 amendatory Act of the 94th General Assembly but before
778	778
779	779
780	780
781	781
782	782
783	783	HB1255 - 21 - LRB104 03228 SPS 13250 b
784	784
785	785
786	786	HB1255- 22 -LRB104 03228 SPS 13250 b HB1255 - 22 - LRB104 03228 SPS 13250 b
787	787	HB1255 - 22 - LRB104 03228 SPS 13250 b
788	788	1 February 1, 2006) or an additional 81 weeks (if the
789	789	2 accidental injury occurs on or after February 1, 2006)
790	790	3 shall be paid.
791	791	4 13. Eye-
792	792	5 150 weeks if the accidental injury occurs on or
793	793	6 after the effective date of this amendatory Act of the
794	794	7 94th General Assembly but before February 1, 2006.
795	795	8 162 weeks if the accidental injury occurs on or
796	796	9 after February 1, 2006.
797	797	10 Where an accidental injury results in the enucleation
798	798	11 of an eye, compensation for an additional 10 weeks (if the
799	799	12 accidental injury occurs on or after the effective date of
800	800	13 this amendatory Act of the 94th General Assembly but
801	801	14 before February 1, 2006) or an additional 11 weeks (if the
802	802	15 accidental injury occurs on or after February 1, 2006)
803	803	16 shall be paid.
804	804	17 14. Loss of hearing of one ear-
805	805	18 50 weeks if the accidental injury occurs on or
806	806	19 after the effective date of this amendatory Act of the
807	807	20 94th General Assembly but before February 1, 2006.
808	808	21 54 weeks if the accidental injury occurs on or
809	809	22 after February 1, 2006.
810	810	23 Total and permanent loss of hearing of both ears-
811	811	24 200 weeks if the accidental injury occurs on or
812	812	25 after the effective date of this amendatory Act of the
813	813	26 94th General Assembly but before February 1, 2006.
814	814
815	815
816	816
817	817
818	818
819	819	HB1255 - 22 - LRB104 03228 SPS 13250 b
820	820
821	821
822	822	HB1255- 23 -LRB104 03228 SPS 13250 b HB1255 - 23 - LRB104 03228 SPS 13250 b
823	823	HB1255 - 23 - LRB104 03228 SPS 13250 b
824	824	1 215 weeks if the accidental injury occurs on or
825	825	2 after February 1, 2006.
826	826	3 15. Testicle-
827	827	4 50 weeks if the accidental injury occurs on or
828	828	5 after the effective date of this amendatory Act of the
829	829	6 94th General Assembly but before February 1, 2006.
830	830	7 54 weeks if the accidental injury occurs on or
831	831	8 after February 1, 2006.
832	832	9 Both testicles-
833	833	10 150 weeks if the accidental injury occurs on or
834	834	11 after the effective date of this amendatory Act of the
835	835	12 94th General Assembly but before February 1, 2006.
836	836	13 162 weeks if the accidental injury occurs on or
837	837	14 after February 1, 2006.
838	838	15 16. For the permanent partial loss of use of a member
839	839	16 or sight of an eye, or hearing of an ear, compensation
840	840	17 during that proportion of the number of weeks in the
841	841	18 foregoing schedule provided for the loss of such member or
842	842	19 sight of an eye, or hearing of an ear, which the partial
843	843	20 loss of use thereof bears to the total loss of use of such
844	844	21 member, or sight of eye, or hearing of an ear.
845	845	22 (a) Loss of hearing for compensation purposes
846	846	23 shall be confined to the frequencies of 1,000, 2,000
847	847	24 and 3,000 cycles per second. Loss of hearing ability
848	848	25 for frequency tones above 3,000 cycles per second are
849	849	26 not to be considered as constituting disability for
850	850
851	851
852	852
853	853
854	854
855	855	HB1255 - 23 - LRB104 03228 SPS 13250 b
856	856
857	857
858	858	HB1255- 24 -LRB104 03228 SPS 13250 b HB1255 - 24 - LRB104 03228 SPS 13250 b
859	859	HB1255 - 24 - LRB104 03228 SPS 13250 b
860	860	1 hearing.
861	861	2 (b) The percent of hearing loss, for purposes of
862	862	3 the determination of compensation claims for
863	863	4 occupational deafness, shall be calculated as the
864	864	5 average in decibels for the thresholds of hearing for
865	865	6 the frequencies of 1,000, 2,000 and 3,000 cycles per
866	866	7 second. Pure tone air conduction audiometric
867	867	8 instruments, approved by nationally recognized
868	868	9 authorities in this field, shall be used for measuring
869	869	10 hearing loss. If the losses of hearing average 30
870	870	11 decibels or less in the 3 frequencies, such losses of
871	871	12 hearing shall not then constitute any compensable
872	872	13 hearing disability. If the losses of hearing average
873	873	14 85 decibels or more in the 3 frequencies, then the same
874	874	15 shall constitute and be total or 100% compensable
875	875	16 hearing loss.
876	876	17 (c) In measuring hearing impairment, the lowest
877	877	18 measured losses in each of the 3 frequencies shall be
878	878	19 added together and divided by 3 to determine the
879	879	20 average decibel loss. For every decibel of loss
880	880	21 exceeding 30 decibels an allowance of 1.82% shall be
881	881	22 made up to the maximum of 100% which is reached at 85
882	882	23 decibels.
883	883	24 (d) If a hearing loss is established to have
884	884	25 existed on July 1, 1975 by audiometric testing the
885	885	26 employer shall not be liable for the previous loss so
886	886
887	887
888	888
889	889
890	890
891	891	HB1255 - 24 - LRB104 03228 SPS 13250 b
892	892
893	893
894	894	HB1255- 25 -LRB104 03228 SPS 13250 b HB1255 - 25 - LRB104 03228 SPS 13250 b
895	895	HB1255 - 25 - LRB104 03228 SPS 13250 b
896	896	1 established nor shall he be liable for any loss for
897	897	2 which compensation has been paid or awarded.
898	898	3 (e) No consideration shall be given to the
899	899	4 question of whether or not the ability of an employee
900	900	5 to understand speech is improved by the use of a
901	901	6 hearing aid.
902	902	7 (f) No claim for loss of hearing due to industrial
903	903	8 noise shall be brought against an employer or allowed
904	904	9 unless the employee has been exposed for a period of
905	905	10 time sufficient to cause permanent impairment to noise
906	906	11 levels in excess of the following:
907	907	12Sound Level DBA13Slow ResponseHours Per Day14908159261695417973181002191021-1/2201051211101/2221151/4 12 Sound Level DBA 13 Slow Response Hours Per Day 14 90 8 15 92 6 16 95 4 17 97 3 18 100 2 19 102 1-1/2 20 105 1 21 110 1/2 22 115 1/4
908	908	12 Sound Level DBA
909	909	13 Slow Response Hours Per Day
910	910	14 90 8
911	911	15 92 6
912	912	16 95 4
913	913	17 97 3
914	914	18 100 2
915	915	19 102 1-1/2
916	916	20 105 1
917	917	21 110 1/2
918	918	22 115 1/4
919	919	23 This subparagraph (f) shall not be applied in cases of
920	920	24 hearing loss resulting from trauma or explosion.
921	921	25 17. In computing the compensation to be paid to any
922	922	26 employee who, before the accident for which he claims
923	923
924	924
925	925
926	926
927	927
928	928	HB1255 - 25 - LRB104 03228 SPS 13250 b
929	929
930	930
931	931	12 Sound Level DBA
932	932	13 Slow Response Hours Per Day
933	933	14 90 8
934	934	15 92 6
935	935	16 95 4
936	936	17 97 3
937	937	18 100 2
938	938	19 102 1-1/2
939	939	20 105 1
940	940	21 110 1/2
941	941	22 115 1/4
942	942
943	943
944	944	HB1255- 26 -LRB104 03228 SPS 13250 b HB1255 - 26 - LRB104 03228 SPS 13250 b
945	945	HB1255 - 26 - LRB104 03228 SPS 13250 b
946	946	1 compensation, had before that time sustained an injury
947	947	2 resulting in any permanency award or settlement,
948	948	3 including, without limitation, the loss by amputation or
949	949	4 partial loss by amputation of any member, including hand,
950	950	5 arm, thumb or fingers, leg, foot or any toes, the partial
951	951	6 loss of sight of an eye, or a permanency award or
952	952	7 settlement given under subparagraph 2 of paragraph (d),
953	953	8 such award or settlement loss or partial loss of any such
954	954	9 member shall be deducted from any award made for the
955	955	10 subsequent injury. If an employee received an award or
956	956	11 settlement under subparagraph 2 of paragraph (d) for a
957	957	12 shoulder injury between 2012 and the effective date of
958	958	13 this amendatory Act of the 104th General Assembly, then
959	959	14 the award or settlement shall be converted to the
960	960	15 appropriate number of weeks for an arm and the credit
961	961	16 taken against any award or settlement shall be taken on
962	962	17 the arm. For the permanent loss of use or the permanent
963	963	18 partial loss of use of any such member or the partial loss
964	964	19 of sight of an eye, for which compensation has been paid,
965	965	20 then such loss shall be taken into consideration and
966	966	21 deducted from any award for the subsequent injury.
967	967	22 18. The specific case of loss of both hands, both
968	968	23 arms, or both feet, or both legs, or both eyes, or of any
969	969	24 two thereof, or the permanent and complete loss of the use
970	970	25 thereof, constitutes total and permanent disability, to be
971	971	26 compensated according to the compensation fixed by
972	972
973	973
974	974
975	975
976	976
977	977	HB1255 - 26 - LRB104 03228 SPS 13250 b
978	978
979	979
980	980	HB1255- 27 -LRB104 03228 SPS 13250 b HB1255 - 27 - LRB104 03228 SPS 13250 b
981	981	HB1255 - 27 - LRB104 03228 SPS 13250 b
982	982	1 paragraph (f) of this Section. These specific cases of
983	983	2 total and permanent disability do not exclude other cases.
984	984	3 Any employee who has previously suffered the loss or
985	985	4 permanent and complete loss of the use of any of such
986	986	5 members, and in a subsequent independent accident loses
987	987	6 another or suffers the permanent and complete loss of the
988	988	7 use of any one of such members the employer for whom the
989	989	8 injured employee is working at the time of the last
990	990	9 independent accident is liable to pay compensation only
991	991	10 for the loss or permanent and complete loss of the use of
992	992	11 the member occasioned by the last independent accident.
993	993	12 19. In a case of specific loss and the subsequent
994	994	13 death of such injured employee from other causes than such
995	995	14 injury leaving a widow, widower, or dependents surviving
996	996	15 before payment or payment in full for such injury, then
997	997	16 the amount due for such injury is payable to the widow or
998	998	17 widower and, if there be no widow or widower, then to such
999	999	18 dependents, in the proportion which such dependency bears
1000	1000	19 to total dependency.
1001	1001	20 Beginning July 1, 1980, and every 6 months thereafter, the
1002	1002	21 Commission shall examine the Second Injury Fund and when,
1003	1003	22 after deducting all advances or loans made to such Fund, the
1004	1004	23 amount therein is $500,000 then the amount required to be paid
1005	1005	24 by employers pursuant to paragraph (f) of Section 7 shall be
1006	1006	25 reduced by one-half. When the Second Injury Fund reaches the
1007	1007	26 sum of $600,000 then the payments shall cease entirely.
1008	1008
1009	1009
1010	1010
1011	1011
1012	1012
1013	1013	HB1255 - 27 - LRB104 03228 SPS 13250 b
1014	1014
1015	1015
1016	1016	HB1255- 28 -LRB104 03228 SPS 13250 b HB1255 - 28 - LRB104 03228 SPS 13250 b
1017	1017	HB1255 - 28 - LRB104 03228 SPS 13250 b
1018	1018	1 However, when the Second Injury Fund has been reduced to
1019	1019	2 $400,000, payment of one-half of the amounts required by
1020	1020	3 paragraph (f) of Section 7 shall be resumed, in the manner
1021	1021	4 herein provided, and when the Second Injury Fund has been
1022	1022	5 reduced to $300,000, payment of the full amounts required by
1023	1023	6 paragraph (f) of Section 7 shall be resumed, in the manner
1024	1024	7 herein provided. The Commission shall make the changes in
1025	1025	8 payment effective by general order, and the changes in payment
1026	1026	9 become immediately effective for all cases coming before the
1027	1027	10 Commission thereafter either by settlement agreement or final
1028	1028	11 order, irrespective of the date of the accidental injury.
1029	1029	12 On August 1, 1996 and on February 1 and August 1 of each
1030	1030	13 subsequent year, the Commission shall examine the special fund
1031	1031	14 designated as the "Rate Adjustment Fund" and when, after
1032	1032	15 deducting all advances or loans made to said fund, the amount
1033	1033	16 therein is $4,000,000, the amount required to be paid by
1034	1034	17 employers pursuant to paragraph (f) of Section 7 shall be
1035	1035	18 reduced by one-half. When the Rate Adjustment Fund reaches the
1036	1036	19 sum of $5,000,000 the payment therein shall cease entirely.
1037	1037	20 However, when said Rate Adjustment Fund has been reduced to
1038	1038	21 $3,000,000 the amounts required by paragraph (f) of Section 7
1039	1039	22 shall be resumed in the manner herein provided.
1040	1040	23 (f) In case of complete disability, which renders the
1041	1041	24 employee wholly and permanently incapable of work, or in the
1042	1042	25 specific case of total and permanent disability as provided in
1043	1043	26 subparagraph 18 of paragraph (e) of this Section, compensation
1044	1044
1045	1045
1046	1046
1047	1047
1048	1048
1049	1049	HB1255 - 28 - LRB104 03228 SPS 13250 b
1050	1050
1051	1051
1052	1052	HB1255- 29 -LRB104 03228 SPS 13250 b HB1255 - 29 - LRB104 03228 SPS 13250 b
1053	1053	HB1255 - 29 - LRB104 03228 SPS 13250 b
1054	1054	1 shall be payable at the rate provided in subparagraph 2 of
1055	1055	2 paragraph (b) of this Section for life.
1056	1056	3 An employee entitled to benefits under paragraph (f) of
1057	1057	4 this Section shall also be entitled to receive from the Rate
1058	1058	5 Adjustment Fund provided in paragraph (f) of Section 7 of the
1059	1059	6 supplementary benefits provided in paragraph (g) of this
1060	1060	7 Section 8.
1061	1061	8 If any employee who receives an award under this paragraph
1062	1062	9 afterwards returns to work or is able to do so, and earns or is
1063	1063	10 able to earn as much as before the accident, payments under
1064	1064	11 such award shall cease. If such employee returns to work, or is
1065	1065	12 able to do so, and earns or is able to earn part but not as
1066	1066	13 much as before the accident, such award shall be modified so as
1067	1067	14 to conform to an award under paragraph (d) of this Section. If
1068	1068	15 such award is terminated or reduced under the provisions of
1069	1069	16 this paragraph, such employees have the right at any time
1070	1070	17 within 30 months after the date of such termination or
1071	1071	18 reduction to file petition with the Commission for the purpose
1072	1072	19 of determining whether any disability exists as a result of
1073	1073	20 the original accidental injury and the extent thereof.
1074	1074	21 Disability as enumerated in subdivision 18, paragraph (e)
1075	1075	22 of this Section is considered complete disability.
1076	1076	23 If an employee who had previously incurred loss or the
1077	1077	24 permanent and complete loss of use of one member, through the
1078	1078	25 loss or the permanent and complete loss of the use of one hand,
1079	1079	26 one arm, one foot, one leg, or one eye, incurs permanent and
1080	1080
1081	1081
1082	1082
1083	1083
1084	1084
1085	1085	HB1255 - 29 - LRB104 03228 SPS 13250 b
1086	1086
1087	1087
1088	1088	HB1255- 30 -LRB104 03228 SPS 13250 b HB1255 - 30 - LRB104 03228 SPS 13250 b
1089	1089	HB1255 - 30 - LRB104 03228 SPS 13250 b
1090	1090	1 complete disability through the loss or the permanent and
1091	1091	2 complete loss of the use of another member, he shall receive,
1092	1092	3 in addition to the compensation payable by the employer and
1093	1093	4 after such payments have ceased, an amount from the Second
1094	1094	5 Injury Fund provided for in paragraph (f) of Section 7, which,
1095	1095	6 together with the compensation payable from the employer in
1096	1096	7 whose employ he was when the last accidental injury was
1097	1097	8 incurred, will equal the amount payable for permanent and
1098	1098	9 complete disability as provided in this paragraph of this
1099	1099	10 Section.
1100	1100	11 The custodian of the Second Injury Fund provided for in
1101	1101	12 paragraph (f) of Section 7 shall be joined with the employer as
1102	1102	13 a party respondent in the application for adjustment of claim.
1103	1103	14 The application for adjustment of claim shall state briefly
1104	1104	15 and in general terms the approximate time and place and manner
1105	1105	16 of the loss of the first member.
1106	1106	17 In its award the Commission or the Arbitrator shall
1107	1107	18 specifically find the amount the injured employee shall be
1108	1108	19 weekly paid, the number of weeks compensation which shall be
1109	1109	20 paid by the employer, the date upon which payments begin out of
1110	1110	21 the Second Injury Fund provided for in paragraph (f) of
1111	1111	22 Section 7 of this Act, the length of time the weekly payments
1112	1112	23 continue, the date upon which the pension payments commence
1113	1113	24 and the monthly amount of the payments. The Commission shall
1114	1114	25 30 days after the date upon which payments out of the Second
1115	1115	26 Injury Fund have begun as provided in the award, and every
1116	1116
1117	1117
1118	1118
1119	1119
1120	1120
1121	1121	HB1255 - 30 - LRB104 03228 SPS 13250 b
1122	1122
1123	1123
1124	1124	HB1255- 31 -LRB104 03228 SPS 13250 b HB1255 - 31 - LRB104 03228 SPS 13250 b
1125	1125	HB1255 - 31 - LRB104 03228 SPS 13250 b
1126	1126	1 month thereafter, prepare and submit to the State Comptroller
1127	1127	2 a voucher for payment for all compensation accrued to that
1128	1128	3 date at the rate fixed by the Commission. The State
1129	1129	4 Comptroller shall draw a warrant to the injured employee along
1130	1130	5 with a receipt to be executed by the injured employee and
1131	1131	6 returned to the Commission. The endorsed warrant and receipt
1132	1132	7 is a full and complete acquittance to the Commission for the
1133	1133	8 payment out of the Second Injury Fund. No other appropriation
1134	1134	9 or warrant is necessary for payment out of the Second Injury
1135	1135	10 Fund. The Second Injury Fund is appropriated for the purpose
1136	1136	11 of making payments according to the terms of the awards.
1137	1137	12 As of July 1, 1980 to July 1, 1982, all claims against and
1138	1138	13 obligations of the Second Injury Fund shall become claims
1139	1139	14 against and obligations of the Rate Adjustment Fund to the
1140	1140	15 extent there is insufficient money in the Second Injury Fund
1141	1141	16 to pay such claims and obligations. In that case, all
1142	1142	17 references to "Second Injury Fund" in this Section shall also
1143	1143	18 include the Rate Adjustment Fund.
1144	1144	19 (g) Every award for permanent total disability entered by
1145	1145	20 the Commission on and after July 1, 1965 under which
1146	1146	21 compensation payments shall become due and payable after the
1147	1147	22 effective date of this amendatory Act, and every award for
1148	1148	23 death benefits or permanent total disability entered by the
1149	1149	24 Commission on and after the effective date of this amendatory
1150	1150	25 Act shall be subject to annual adjustments as to the amount of
1151	1151	26 the compensation rate therein provided. Such adjustments shall
1152	1152
1153	1153
1154	1154
1155	1155
1156	1156
1157	1157	HB1255 - 31 - LRB104 03228 SPS 13250 b
1158	1158
1159	1159
1160	1160	HB1255- 32 -LRB104 03228 SPS 13250 b HB1255 - 32 - LRB104 03228 SPS 13250 b
1161	1161	HB1255 - 32 - LRB104 03228 SPS 13250 b
1162	1162	1 first be made on July 15, 1977, and all awards made and entered
1163	1163	2 prior to July 1, 1975 and on July 15 of each year thereafter.
1164	1164	3 In all other cases such adjustment shall be made on July 15 of
1165	1165	4 the second year next following the date of the entry of the
1166	1166	5 award and shall further be made on July 15 annually
1167	1167	6 thereafter. If during the intervening period from the date of
1168	1168	7 the entry of the award, or the last periodic adjustment, there
1169	1169	8 shall have been an increase in the State's average weekly wage
1170	1170	9 in covered industries under the Unemployment Insurance Act,
1171	1171	10 the weekly compensation rate shall be proportionately
1172	1172	11 increased by the same percentage as the percentage of increase
1173	1173	12 in the State's average weekly wage in covered industries under
1174	1174	13 the Unemployment Insurance Act. The increase in the
1175	1175	14 compensation rate under this paragraph shall in no event bring
1176	1176	15 the total compensation rate to an amount greater than the
1177	1177	16 prevailing maximum rate at the time that the annual adjustment
1178	1178	17 is made. Such increase shall be paid in the same manner as
1179	1179	18 herein provided for payments under the Second Injury Fund to
1180	1180	19 the injured employee, or his dependents, as the case may be,
1181	1181	20 out of the Rate Adjustment Fund provided in paragraph (f) of
1182	1182	21 Section 7 of this Act. Payments shall be made at the same
1183	1183	22 intervals as provided in the award or, at the option of the
1184	1184	23 Commission, may be made in quarterly payment on the 15th day of
1185	1185	24 January, April, July and October of each year. In the event of
1186	1186	25 a decrease in such average weekly wage there shall be no change
1187	1187	26 in the then existing compensation rate. The within paragraph
1188	1188
1189	1189
1190	1190
1191	1191
1192	1192
1193	1193	HB1255 - 32 - LRB104 03228 SPS 13250 b
1194	1194
1195	1195
1196	1196	HB1255- 33 -LRB104 03228 SPS 13250 b HB1255 - 33 - LRB104 03228 SPS 13250 b
1197	1197	HB1255 - 33 - LRB104 03228 SPS 13250 b
1198	1198	1 shall not apply to cases where there is disputed liability and
1199	1199	2 in which a compromise lump sum settlement between the employer
1200	1200	3 and the injured employee, or his dependents, as the case may
1201	1201	4 be, has been duly approved by the Illinois Workers'
1202	1202	5 Compensation Commission.
1203	1203	6 Provided, that in cases of awards entered by the
1204	1204	7 Commission for injuries occurring before July 1, 1975, the
1205	1205	8 increases in the compensation rate adjusted under the
1206	1206	9 foregoing provision of this paragraph (g) shall be limited to
1207	1207	10 increases in the State's average weekly wage in covered
1208	1208	11 industries under the Unemployment Insurance Act occurring
1209	1209	12 after July 1, 1975.
1210	1210	13 For every accident occurring on or after July 20, 2005 but
1211	1211	14 before the effective date of this amendatory Act of the 94th
1212	1212	15 General Assembly (Senate Bill 1283 of the 94th General
1213	1213	16 Assembly), the annual adjustments to the compensation rate in
1214	1214	17 awards for death benefits or permanent total disability, as
1215	1215	18 provided in this Act, shall be paid by the employer. The
1216	1216	19 adjustment shall be made by the employer on July 15 of the
1217	1217	20 second year next following the date of the entry of the award
1218	1218	21 and shall further be made on July 15 annually thereafter. If
1219	1219	22 during the intervening period from the date of the entry of the
1220	1220	23 award, or the last periodic adjustment, there shall have been
1221	1221	24 an increase in the State's average weekly wage in covered
1222	1222	25 industries under the Unemployment Insurance Act, the employer
1223	1223	26 shall increase the weekly compensation rate proportionately by
1224	1224
1225	1225
1226	1226
1227	1227
1228	1228
1229	1229	HB1255 - 33 - LRB104 03228 SPS 13250 b
1230	1230
1231	1231
1232	1232	HB1255- 34 -LRB104 03228 SPS 13250 b HB1255 - 34 - LRB104 03228 SPS 13250 b
1233	1233	HB1255 - 34 - LRB104 03228 SPS 13250 b
1234	1234	1 the same percentage as the percentage of increase in the
1235	1235	2 State's average weekly wage in covered industries under the
1236	1236	3 Unemployment Insurance Act. The increase in the compensation
1237	1237	4 rate under this paragraph shall in no event bring the total
1238	1238	5 compensation rate to an amount greater than the prevailing
1239	1239	6 maximum rate at the time that the annual adjustment is made. In
1240	1240	7 the event of a decrease in such average weekly wage there shall
1241	1241	8 be no change in the then existing compensation rate. Such
1242	1242	9 increase shall be paid by the employer in the same manner and
1243	1243	10 at the same intervals as the payment of compensation in the
1244	1244	11 award. This paragraph shall not apply to cases where there is
1245	1245	12 disputed liability and in which a compromise lump sum
1246	1246	13 settlement between the employer and the injured employee, or
1247	1247	14 his or her dependents, as the case may be, has been duly
1248	1248	15 approved by the Illinois Workers' Compensation Commission.
1249	1249	16 The annual adjustments for every award of death benefits
1250	1250	17 or permanent total disability involving accidents occurring
1251	1251	18 before July 20, 2005 and accidents occurring on or after the
1252	1252	19 effective date of this amendatory Act of the 94th General
1253	1253	20 Assembly (Senate Bill 1283 of the 94th General Assembly) shall
1254	1254	21 continue to be paid from the Rate Adjustment Fund pursuant to
1255	1255	22 this paragraph and Section 7(f) of this Act.
1256	1256	23 (h) In case death occurs from any cause before the total
1257	1257	24 compensation to which the employee would have been entitled
1258	1258	25 has been paid, then in case the employee leaves any widow,
1259	1259	26 widower, child, parent (or any grandchild, grandparent or
1260	1260
1261	1261
1262	1262
1263	1263
1264	1264
1265	1265	HB1255 - 34 - LRB104 03228 SPS 13250 b
1266	1266
1267	1267
1268	1268	HB1255- 35 -LRB104 03228 SPS 13250 b HB1255 - 35 - LRB104 03228 SPS 13250 b
1269	1269	HB1255 - 35 - LRB104 03228 SPS 13250 b
1270	1270	1 other lineal heir or any collateral heir dependent at the time
1271	1271	2 of the accident upon the earnings of the employee to the extent
1272	1272	3 of 50% or more of total dependency) such compensation shall be
1273	1273	4 paid to the beneficiaries of the deceased employee and
1274	1274	5 distributed as provided in paragraph (g) of Section 7.
1275	1275	6 (h-1) In case an injured employee is under legal
1276	1276	7 disability at the time when any right or privilege accrues to
1277	1277	8 him or her under this Act, a guardian may be appointed pursuant
1278	1278	9 to law, and may, on behalf of such person under legal
1279	1279	10 disability, claim and exercise any such right or privilege
1280	1280	11 with the same effect as if the employee himself or herself had
1281	1281	12 claimed or exercised the right or privilege. No limitations of
1282	1282	13 time provided by this Act run so long as the employee who is
1283	1283	14 under legal disability is without a conservator or guardian.
1284	1284	15 (i) In case the injured employee is under 16 years of age
1285	1285	16 at the time of the accident and is illegally employed, the
1286	1286	17 amount of compensation payable under paragraphs (b), (c), (d),
1287	1287	18 (e) and (f) of this Section is increased 50%.
1288	1288	19 However, where an employer has on file an employment
1289	1289	20 certificate issued pursuant to the Child Labor Law of 2024 or
1290	1290	21 work permit issued pursuant to the Federal Fair Labor
1291	1291	22 Standards Act, as amended, or a birth certificate properly and
1292	1292	23 duly issued, such certificate, permit or birth certificate is
1293	1293	24 conclusive evidence as to the age of the injured minor
1294	1294	25 employee for the purposes of this Section.
1295	1295	26 Nothing herein contained repeals or amends the provisions
1296	1296
1297	1297
1298	1298
1299	1299
1300	1300
1301	1301	HB1255 - 35 - LRB104 03228 SPS 13250 b
1302	1302
1303	1303
1304	1304	HB1255- 36 -LRB104 03228 SPS 13250 b HB1255 - 36 - LRB104 03228 SPS 13250 b
1305	1305	HB1255 - 36 - LRB104 03228 SPS 13250 b
1306	1306	1 of the Child Labor Law of 2024 relating to the employment of
1307	1307	2 minors under the age of 16 years.
1308	1308	3 (j) 1. In the event the injured employee receives
1309	1309	4 benefits, including medical, surgical or hospital benefits
1310	1310	5 under any group plan covering non-occupational disabilities
1311	1311	6 contributed to wholly or partially by the employer, which
1312	1312	7 benefits should not have been payable if any rights of
1313	1313	8 recovery existed under this Act, then such amounts so paid to
1314	1314	9 the employee from any such group plan as shall be consistent
1315	1315	10 with, and limited to, the provisions of paragraph 2 hereof,
1316	1316	11 shall be credited to or against any compensation payment for
1317	1317	12 temporary total incapacity for work or any medical, surgical
1318	1318	13 or hospital benefits made or to be made under this Act. In such
1319	1319	14 event, the period of time for giving notice of accidental
1320	1320	15 injury and filing application for adjustment of claim does not
1321	1321	16 commence to run until the termination of such payments. This
1322	1322	17 paragraph does not apply to payments made under any group plan
1323	1323	18 which would have been payable irrespective of an accidental
1324	1324	19 injury under this Act. Any employer receiving such credit
1325	1325	20 shall keep such employee safe and harmless from any and all
1326	1326	21 claims or liabilities that may be made against him by reason of
1327	1327	22 having received such payments only to the extent of such
1328	1328	23 credit.
1329	1329	24 Any excess benefits paid to or on behalf of a State
1330	1330	25 employee by the State Employees' Retirement System under
1331	1331	26 Article 14 of the Illinois Pension Code on a death claim or
1332	1332
1333	1333
1334	1334
1335	1335
1336	1336
1337	1337	HB1255 - 36 - LRB104 03228 SPS 13250 b
1338	1338
1339	1339
1340	1340	HB1255- 37 -LRB104 03228 SPS 13250 b HB1255 - 37 - LRB104 03228 SPS 13250 b
1341	1341	HB1255 - 37 - LRB104 03228 SPS 13250 b
1342	1342	1 disputed disability claim shall be credited against any
1343	1343	2 payments made or to be made by the State of Illinois to or on
1344	1344	3 behalf of such employee under this Act, except for payments
1345	1345	4 for medical expenses which have already been incurred at the
1346	1346	5 time of the award. The State of Illinois shall directly
1347	1347	6 reimburse the State Employees' Retirement System to the extent
1348	1348	7 of such credit.
1349	1349	8 2. Nothing contained in this Act shall be construed to
1350	1350	9 give the employer or the insurance carrier the right to credit
1351	1351	10 for any benefits or payments received by the employee other
1352	1352	11 than compensation payments provided by this Act, and where the
1353	1353	12 employee receives payments other than compensation payments,
1354	1354	13 whether as full or partial salary, group insurance benefits,
1355	1355	14 bonuses, annuities or any other payments, the employer or
1356	1356	15 insurance carrier shall receive credit for each such payment
1357	1357	16 only to the extent of the compensation that would have been
1358	1358	17 payable during the period covered by such payment.
1359	1359	18 3. The extension of time for the filing of an Application
1360	1360	19 for Adjustment of Claim as provided in paragraph 1 above shall
1361	1361	20 not apply to those cases where the time for such filing had
1362	1362	21 expired prior to the date on which payments or benefits
1363	1363	22 enumerated herein have been initiated or resumed. Provided
1364	1364	23 however that this paragraph 3 shall apply only to cases
1365	1365	24 wherein the payments or benefits hereinabove enumerated shall
1366	1366	25 be received after July 1, 1969.
1367	1367	26 (Source: P.A. 103-721, eff. 1-1-25.)
1368	1368
1369	1369
1370	1370
1371	1371
1372	1372
1373	1373	HB1255 - 37 - LRB104 03228 SPS 13250 b
1374	1374
1375	1375
1376	1376	HB1255- 38 -LRB104 03228 SPS 13250 b HB1255 - 38 - LRB104 03228 SPS 13250 b
1377	1377	HB1255 - 38 - LRB104 03228 SPS 13250 b
1378	1378
1379	1379
1380	1380
1381	1381
1382	1382
1383	1383	HB1255 - 38 - LRB104 03228 SPS 13250 b