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
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
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.
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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 Sec. 8. The amount of compensation which shall be paid to
8 the employee for an accidental injury not resulting in death
9 is:
10 (a) The employer shall provide and pay the negotiated
11 rate, if applicable, or the lesser of the health care
12 provider's actual charges or according to a fee schedule,
13 subject to Section 8.2, in effect at the time the service was
14 rendered for all the necessary first aid, medical and surgical
15 services, and all necessary medical, surgical and hospital
16 services thereafter incurred, limited, however, to that which
17 is reasonably required to cure or relieve from the effects of
18 the accidental injury, even if a health care provider sells,
19 transfers, or otherwise assigns an account receivable for
20 procedures, treatments, or services covered under this Act. If
21 the employer does not dispute payment of first aid, medical,
22 surgical, and hospital services, the employer shall make such
23 payment to the provider on behalf of the employee. The
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
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.
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A BILL FOR
820 ILCS 305/8 from Ch. 48, par. 138.8
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1 employer shall also pay for treatment, instruction and
2 training necessary for the physical, mental and vocational
3 rehabilitation of the employee, including all maintenance
4 costs and expenses incidental thereto. If as a result of the
5 injury the employee is unable to be self-sufficient the
6 employer shall further pay for such maintenance or
7 institutional care as shall be required.
8 The employee may at any time elect to secure his own
9 physician, surgeon and hospital services at the employer's
10 expense, or,
11 Upon agreement between the employer and the employees, or
12 the employees' exclusive representative, and subject to the
13 approval of the Illinois Workers' Compensation Commission, the
14 employer shall maintain a list of physicians, to be known as a
15 Panel of Physicians, who are accessible to the employees. The
16 employer shall post this list in a place or places easily
17 accessible to his employees. The employee shall have the right
18 to make an alternative choice of physician from such Panel if
19 he is not satisfied with the physician first selected. If, due
20 to the nature of the injury or its occurrence away from the
21 employer's place of business, the employee is unable to make a
22 selection from the Panel, the selection process from the Panel
23 shall not apply. The physician selected from the Panel may
24 arrange for any consultation, referral or other specialized
25 medical services outside the Panel at the employer's expense.
26 Provided that, in the event the Commission shall find that a
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1 doctor selected by the employee is rendering improper or
2 inadequate care, the Commission may order the employee to
3 select another doctor certified or qualified in the medical
4 field for which treatment is required. If the employee refuses
5 to make such change the Commission may relieve the employer of
6 his obligation to pay the doctor's charges from the date of
7 refusal to the date of compliance.
8 Any vocational rehabilitation counselors who provide
9 service under this Act shall have appropriate certifications
10 which designate the counselor as qualified to render opinions
11 relating to vocational rehabilitation. Vocational
12 rehabilitation may include, but is not limited to, counseling
13 for job searches, supervising a job search program, and
14 vocational retraining including education at an accredited
15 learning institution. The employee or employer may petition to
16 the Commission to decide disputes relating to vocational
17 rehabilitation and the Commission shall resolve any such
18 dispute, including payment of the vocational rehabilitation
19 program by the employer.
20 The maintenance benefit shall not be less than the
21 temporary total disability rate determined for the employee.
22 In addition, maintenance shall include costs and expenses
23 incidental to the vocational rehabilitation program.
24 When the employee is working light duty on a part-time
25 basis or full-time basis and earns less than he or she would be
26 earning if employed in the full capacity of the job or jobs,
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1 then the employee shall be entitled to temporary partial
2 disability benefits. Temporary partial disability benefits
3 shall be equal to two-thirds of the difference between the
4 average amount that the employee would be able to earn in the
5 full performance of his or her duties in the occupation in
6 which he or she was engaged at the time of accident and the
7 gross amount which he or she is earning in the modified job
8 provided to the employee by the employer or in any other job
9 that the employee is working.
10 Every hospital, physician, surgeon or other person
11 rendering treatment or services in accordance with the
12 provisions of this Section shall upon written request furnish
13 full and complete reports thereof to, and permit their records
14 to be copied by, the employer, the employee or his dependents,
15 as the case may be, or any other party to any proceeding for
16 compensation before the Commission, or their attorneys.
17 Notwithstanding the foregoing, the employer's liability to
18 pay for such medical services selected by the employee shall
19 be limited to:
20 (1) all first aid and emergency treatment; plus
21 (2) all medical, surgical and hospital services
22 provided by the physician, surgeon or hospital initially
23 chosen by the employee or by any other physician,
24 consultant, expert, institution or other provider of
25 services recommended by said initial service provider or
26 any subsequent provider of medical services in the chain
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1 of referrals from said initial service provider; plus
2 (3) all medical, surgical and hospital services
3 provided by any second physician, surgeon or hospital
4 subsequently chosen by the employee or by any other
5 physician, consultant, expert, institution or other
6 provider of services recommended by said second service
7 provider or any subsequent provider of medical services in
8 the chain of referrals from said second service provider.
9 Thereafter the employer shall select and pay for all
10 necessary medical, surgical and hospital treatment and the
11 employee may not select a provider of medical services at
12 the employer's expense unless the employer agrees to such
13 selection. At any time the employee may obtain any medical
14 treatment he desires at his own expense. This paragraph
15 shall not affect the duty to pay for rehabilitation
16 referred to above.
17 (4) The following shall apply for injuries occurring
18 on or after June 28, 2011 (the effective date of Public Act
19 97-18) and only when an employer has an approved preferred
20 provider program pursuant to Section 8.1a on the date the
21 employee sustained his or her accidental injuries:
22 (A) The employer shall, in writing, on a form
23 promulgated by the Commission, inform the employee of
24 the preferred provider program;
25 (B) Subsequent to the report of an injury by an
26 employee, the employee may choose in writing at any
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1 time to decline the preferred provider program, in
2 which case that would constitute one of the two
3 choices of medical providers to which the employee is
4 entitled under subsection (a)(2) or (a)(3); and
5 (C) Prior to the report of an injury by an
6 employee, when an employee chooses non-emergency
7 treatment from a provider not within the preferred
8 provider program, that would constitute the employee's
9 one choice of medical providers to which the employee
10 is entitled under subsection (a)(2) or (a)(3).
11 When an employer and employee so agree in writing, nothing
12 in this Act prevents an employee whose injury or disability
13 has been established under this Act, from relying in good
14 faith, on treatment by prayer or spiritual means alone, in
15 accordance with the tenets and practice of a recognized church
16 or religious denomination, by a duly accredited practitioner
17 thereof, and having nursing services appropriate therewith,
18 without suffering loss or diminution of the compensation
19 benefits under this Act. However, the employee shall submit to
20 all physical examinations required by this Act. The cost of
21 such treatment and nursing care shall be paid by the employee
22 unless the employer agrees to make such payment.
23 Where the accidental injury results in the amputation of
24 an arm, hand, leg or foot, or the enucleation of an eye, or the
25 loss of any of the natural teeth, the employer shall furnish an
26 artificial of any such members lost or damaged in accidental
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1 injury arising out of and in the course of employment, and
2 shall also furnish the necessary braces in all proper and
3 necessary cases. In cases of the loss of a member or members by
4 amputation, the employer shall, whenever necessary, maintain
5 in good repair, refit or replace the artificial limbs during
6 the lifetime of the employee. Where the accidental injury
7 accompanied by physical injury results in damage to a denture,
8 eye glasses or contact eye lenses, or where the accidental
9 injury results in damage to an artificial member, the employer
10 shall replace or repair such denture, glasses, lenses, or
11 artificial member.
12 The furnishing by the employer of any such services or
13 appliances is not an admission of liability on the part of the
14 employer to pay compensation.
15 The furnishing of any such services or appliances or the
16 servicing thereof by the employer is not the payment of
17 compensation.
18 (b) If the period of temporary total incapacity for work
19 lasts more than 3 working days, weekly compensation as
20 hereinafter provided shall be paid beginning on the 4th day of
21 such temporary total incapacity and continuing as long as the
22 total temporary incapacity lasts. In cases where the temporary
23 total incapacity for work continues for a period of 14 days or
24 more from the day of the accident compensation shall commence
25 on the day after the accident.
26 1. The compensation rate for temporary total
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1 incapacity under this paragraph (b) of this Section shall
2 be equal to 66 2/3% of the employee's average weekly wage
3 computed in accordance with Section 10, provided that it
4 shall be not less than 66 2/3% of the sum of the Federal
5 minimum wage under the Fair Labor Standards Act, or the
6 Illinois minimum wage under the Minimum Wage Law,
7 whichever is more, multiplied by 40 hours. This percentage
8 rate shall be increased by 10% for each spouse and child,
9 not to exceed 100% of the total minimum wage calculation,
10 nor exceed the employee's average weekly wage computed in
11 accordance with the provisions of Section 10, whichever is
12 less.
13 2. The compensation rate in all cases other than for
14 temporary total disability under this paragraph (b), and
15 other than for serious and permanent disfigurement under
16 paragraph (c) and other than for permanent partial
17 disability under subparagraph (2) of paragraph (d) or
18 under paragraph (e), of this Section shall be equal to 66
19 2/3% of the employee's average weekly wage computed in
20 accordance with the provisions of Section 10, provided
21 that it shall be not less than 66 2/3% of the sum of the
22 Federal minimum wage under the Fair Labor Standards Act,
23 or the Illinois minimum wage under the Minimum Wage Law,
24 whichever is more, multiplied by 40 hours. This percentage
25 rate shall be increased by 10% for each spouse and child,
26 not to exceed 100% of the total minimum wage calculation,
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1 nor exceed the employee's average weekly wage computed in
2 accordance with the provisions of Section 10, whichever is
3 less.
4 2.1. The compensation rate in all cases of serious and
5 permanent disfigurement under paragraph (c) and of
6 permanent partial disability under subparagraph (2) of
7 paragraph (d) or under paragraph (e) of this Section shall
8 be equal to 60% of the employee's average weekly wage
9 computed in accordance with the provisions of Section 10,
10 provided that it shall be not less than 66 2/3% of the sum
11 of the Federal minimum wage under the Fair Labor Standards
12 Act, or the Illinois minimum wage under the Minimum Wage
13 Law, whichever is more, multiplied by 40 hours. This
14 percentage rate shall be increased by 10% for each spouse
15 and child, not to exceed 100% of the total minimum wage
16 calculation, nor exceed the employee's average weekly wage
17 computed in accordance with the provisions of Section 10,
18 whichever is less.
19 3. As used in this Section the term "child" means a
20 child of the employee including any child legally adopted
21 before the accident or whom at the time of the accident the
22 employee was under legal obligation to support or to whom
23 the employee stood in loco parentis, and who at the time of
24 the accident was under 18 years of age and not
25 emancipated. The term "children" means the plural of
26 "child".
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1 4. All weekly compensation rates provided under
2 subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
3 Section shall be subject to the following limitations:
4 The maximum weekly compensation rate from July 1,
5 1975, except as hereinafter provided, shall be 100% of the
6 State's average weekly wage in covered industries under
7 the Unemployment Insurance Act, that being the wage that
8 most closely approximates the State's average weekly wage.
9 The maximum weekly compensation rate, for the period
10 July 1, 1984, through June 30, 1987, except as hereinafter
11 provided, shall be $293.61. Effective July 1, 1987 and on
12 July 1 of each year thereafter the maximum weekly
13 compensation rate, except as hereinafter provided, shall
14 be determined as follows: if during the preceding 12 month
15 period there shall have been an increase in the State's
16 average weekly wage in covered industries under the
17 Unemployment Insurance Act, the weekly compensation rate
18 shall be proportionately increased by the same percentage
19 as the percentage of increase in the State's average
20 weekly wage in covered industries under the Unemployment
21 Insurance Act during such period.
22 The maximum weekly compensation rate, for the period
23 January 1, 1981 through December 31, 1983, except as
24 hereinafter provided, shall be 100% of the State's average
25 weekly wage in covered industries under the Unemployment
26 Insurance Act in effect on January 1, 1981. Effective
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1 January 1, 1984 and on January 1, of each year thereafter
2 the maximum weekly compensation rate, except as
3 hereinafter provided, shall be determined as follows: if
4 during the preceding 12 month period there shall have been
5 an increase in the State's average weekly wage in covered
6 industries under the Unemployment Insurance Act, the
7 weekly compensation rate shall be proportionately
8 increased by the same percentage as the percentage of
9 increase in the State's average weekly wage in covered
10 industries under the Unemployment Insurance Act during
11 such period.
12 From July 1, 1977 and thereafter such maximum weekly
13 compensation rate in death cases under Section 7, and
14 permanent total disability cases under paragraph (f) or
15 subparagraph 18 of paragraph (3) of this Section and for
16 temporary total disability under paragraph (b) of this
17 Section and for amputation of a member or enucleation of
18 an eye under paragraph (e) of this Section shall be
19 increased to 133-1/3% of the State's average weekly wage
20 in covered industries under the Unemployment Insurance
21 Act.
22 For injuries occurring on or after February 1, 2006,
23 the maximum weekly benefit under paragraph (d)1 of this
24 Section shall be 100% of the State's average weekly wage
25 in covered industries under the Unemployment Insurance
26 Act.
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1 4.1. Any provision herein to the contrary
2 notwithstanding, the weekly compensation rate for
3 compensation payments under subparagraph 18 of paragraph
4 (e) of this Section and under paragraph (f) of this
5 Section and under paragraph (a) of Section 7 and for
6 amputation of a member or enucleation of an eye under
7 paragraph (e) of this Section, shall in no event be less
8 than 50% of the State's average weekly wage in covered
9 industries under the Unemployment Insurance Act.
10 4.2. Any provision to the contrary notwithstanding,
11 the total compensation payable under Section 7 shall not
12 exceed the greater of $500,000 or 25 years.
13 5. For the purpose of this Section this State's
14 average weekly wage in covered industries under the
15 Unemployment Insurance Act on July 1, 1975 is hereby fixed
16 at $228.16 per week and the computation of compensation
17 rates shall be based on the aforesaid average weekly wage
18 until modified as hereinafter provided.
19 6. The Department of Employment Security of the State
20 shall on or before the first day of December, 1977, and on
21 or before the first day of June, 1978, and on the first day
22 of each December and June of each year thereafter, publish
23 the State's average weekly wage in covered industries
24 under the Unemployment Insurance Act and the Illinois
25 Workers' Compensation Commission shall on the 15th day of
26 January, 1978 and on the 15th day of July, 1978 and on the
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1 15th day of each January and July of each year thereafter,
2 post and publish the State's average weekly wage in
3 covered industries under the Unemployment Insurance Act as
4 last determined and published by the Department of
5 Employment Security. The amount when so posted and
6 published shall be conclusive and shall be applicable as
7 the basis of computation of compensation rates until the
8 next posting and publication as aforesaid.
9 7. The payment of compensation by an employer or his
10 insurance carrier to an injured employee shall not
11 constitute an admission of the employer's liability to pay
12 compensation.
13 (c) For any serious and permanent disfigurement to the
14 hand, head, face, neck, arm, leg below the knee or the chest
15 above the axillary line, the employee is entitled to
16 compensation for such disfigurement, the amount determined by
17 agreement at any time or by arbitration under this Act, at a
18 hearing not less than 6 months after the date of the accidental
19 injury, which amount shall not exceed 150 weeks (if the
20 accidental injury occurs on or after the effective date of
21 this amendatory Act of the 94th General Assembly but before
22 February 1, 2006) or 162 weeks (if the accidental injury
23 occurs on or after February 1, 2006) at the applicable rate
24 provided in subparagraph 2.1 of paragraph (b) of this Section.
25 No compensation is payable under this paragraph where
26 compensation is payable under paragraphs (d), (e) or (f) of
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1 this Section.
2 A duly appointed member of a fire department in a city, the
3 population of which exceeds 500,000 according to the last
4 federal or State census, is eligible for compensation under
5 this paragraph only where such serious and permanent
6 disfigurement results from burns.
7 (d) 1. If, after the accidental injury has been sustained,
8 the employee as a result thereof becomes partially
9 incapacitated from pursuing his usual and customary line of
10 employment, he shall, except in cases compensated under the
11 specific schedule set forth in paragraph (e) of this Section,
12 receive compensation for the duration of his disability,
13 subject to the limitations as to maximum amounts fixed in
14 paragraph (b) of this Section, equal to 66-2/3% of the
15 difference between the average amount which he would be able
16 to earn in the full performance of his duties in the occupation
17 in which he was engaged at the time of the accident and the
18 average amount which he is earning or is able to earn in some
19 suitable employment or business after the accident. For
20 accidental injuries that occur on or after September 1, 2011,
21 an award for wage differential under this subsection shall be
22 effective only until the employee reaches the age of 67 or 5
23 years from the date the award becomes final, whichever is
24 later.
25 2. If, as a result of the accident, the employee sustains
26 serious and permanent injuries not covered by paragraphs (c)
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1 and (e) of this Section or having sustained injuries covered
2 by the aforesaid paragraphs (c) and (e), he shall have
3 sustained in addition thereto other injuries which injuries do
4 not incapacitate him from pursuing the duties of his
5 employment but which would disable him from pursuing other
6 suitable occupations, or which have otherwise resulted in
7 physical impairment; or if such injuries partially
8 incapacitate him from pursuing the duties of his usual and
9 customary line of employment but do not result in an
10 impairment of earning capacity, or having resulted in an
11 impairment of earning capacity, the employee elects to waive
12 his right to recover under the foregoing subparagraph 1 of
13 paragraph (d) of this Section then in any of the foregoing
14 events, he shall receive in addition to compensation for
15 temporary total disability under paragraph (b) of this
16 Section, compensation at the rate provided in subparagraph 2.1
17 of paragraph (b) of this Section for that percentage of 500
18 weeks that the partial disability resulting from the injuries
19 covered by this paragraph bears to total disability. If the
20 employee shall have sustained a fracture of one or more
21 vertebra or fracture of the skull, the amount of compensation
22 allowed under this Section shall be not less than 6 weeks for a
23 fractured skull and 6 weeks for each fractured vertebra, and
24 in the event the employee shall have sustained a fracture of
25 any of the following facial bones: nasal, lachrymal, vomer,
26 zygoma, maxilla, palatine or mandible, the amount of
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1 compensation allowed under this Section shall be not less than
2 2 weeks for each such fractured bone, and for a fracture of
3 each transverse process not less than 3 weeks. In the event
4 such injuries shall result in the loss of a kidney, spleen or
5 lung, the amount of compensation allowed under this Section
6 shall be not less than 10 weeks for each such organ.
7 Compensation awarded under this subparagraph 2 shall not take
8 into consideration injuries covered under paragraphs (c) and
9 (e) of this Section and the compensation provided in this
10 paragraph shall not affect the employee's right to
11 compensation payable under paragraphs (b), (c) and (e) of this
12 Section for the disabilities therein covered.
13 In computing the compensation to be paid to any employee
14 who, before the accident for which the employee claims
15 compensation, had before that time sustained an injury
16 resulting in an award or settlement for permanency given under
17 subparagraph 2 of this paragraph, such award shall be deducted
18 from any award made for the subsequent injury resulting in an
19 award or settlement for permanency given under this
20 subparagraph 2 of this paragraph.
21 (e) For accidental injuries in the following schedule, the
22 employee shall receive compensation for the period of
23 temporary total incapacity for work resulting from such
24 accidental injury, under subparagraph 1 of paragraph (b) of
25 this Section, and shall receive in addition thereto
26 compensation for a further period for the specific loss herein
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1 mentioned, but shall not receive any compensation under any
2 other provisions of this Act. The following listed amounts
3 apply to either the loss of or the permanent and complete loss
4 of use of the member specified, such compensation for the
5 length of time as follows:
6 1. Thumb-
7 70 weeks if the accidental injury occurs on or
8 after the effective date of this amendatory Act of the
9 94th General Assembly but before February 1, 2006.
10 76 weeks if the accidental injury occurs on or
11 after February 1, 2006.
12 2. First, or index finger-
13 40 weeks if the accidental injury occurs on or
14 after the effective date of this amendatory Act of the
15 94th General Assembly but before February 1, 2006.
16 43 weeks if the accidental injury occurs on or
17 after February 1, 2006.
18 3. Second, or middle finger-
19 35 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 38 weeks if the accidental injury occurs on or
23 after February 1, 2006.
24 4. Third, or ring finger-
25 25 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 27 weeks if the accidental injury occurs on or
3 after February 1, 2006.
4 5. Fourth, or little finger-
5 20 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 22 weeks if the accidental injury occurs on or
9 after February 1, 2006.
10 6. Great toe-
11 35 weeks if the accidental injury occurs on or
12 after the effective date of this amendatory Act of the
13 94th General Assembly but before February 1, 2006.
14 38 weeks if the accidental injury occurs on or
15 after February 1, 2006.
16 7. Each toe other than great toe-
17 12 weeks if the accidental injury occurs on or
18 after the effective date of this amendatory Act of the
19 94th General Assembly but before February 1, 2006.
20 13 weeks if the accidental injury occurs on or
21 after February 1, 2006.
22 8. The loss of the first or distal phalanx of the thumb
23 or of any finger or toe shall be considered to be equal to
24 the loss of one-half of such thumb, finger or toe and the
25 compensation payable shall be one-half of the amount above
26 specified. The loss of more than one phalanx shall be
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1 considered as the loss of the entire thumb, finger or toe.
2 In no case shall the amount received for more than one
3 finger exceed the amount provided in this schedule for the
4 loss of a hand.
5 9. Hand-
6 190 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.
9 205 weeks if the accidental injury occurs on or
10 after February 1, 2006.
11 190 weeks if the accidental injury occurs on or
12 after June 28, 2011 (the effective date of Public Act
13 97-18) and if the accidental injury involves carpal
14 tunnel syndrome due to repetitive or cumulative
15 trauma, in which case the permanent partial disability
16 shall not exceed 15% loss of use of the hand, except
17 for cause shown by clear and convincing evidence and
18 in which case the award shall not exceed 30% loss of
19 use of the hand.
20 The loss of 2 or more digits, or one or more phalanges
21 of 2 or more digits, of a hand may be compensated on the
22 basis of partial loss of use of a hand, provided, further,
23 that the loss of 4 digits, or the loss of use of 4 digits,
24 in the same hand shall constitute the complete loss of a
25 hand.
26 10. Arm-
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1 235 weeks if the accidental injury occurs on or
2 after the effective date of this amendatory Act of the
3 94th General Assembly but before February 1, 2006.
4 253 weeks if the accidental injury occurs on or
5 after February 1, 2006.
6 Where an accidental injury results in the amputation
7 of an arm below the elbow, such injury shall be
8 compensated as a loss of an arm. Where an accidental
9 injury results in the amputation of an arm above the
10 elbow, compensation for an additional 15 weeks (if the
11 accidental injury occurs on or after the effective date of
12 this amendatory Act of the 94th General Assembly but
13 before February 1, 2006) or an additional 17 weeks (if the
14 accidental injury occurs on or after February 1, 2006)
15 shall be paid, except where the accidental injury results
16 in the amputation of an arm at the shoulder joint, or so
17 close to shoulder joint that an artificial arm cannot be
18 used, or results in the disarticulation of an arm at the
19 shoulder joint, in which case compensation for an
20 additional 65 weeks (if the accidental injury occurs on or
21 after the effective date of this amendatory Act of the
22 94th General Assembly but before February 1, 2006) or an
23 additional 70 weeks (if the accidental injury occurs on or
24 after February 1, 2006) shall be paid.
25 11. Foot-
26 155 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.
3 167 weeks if the accidental injury occurs on or
4 after February 1, 2006.
5 12. Leg-
6 200 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.
9 215 weeks if the accidental injury occurs on or
10 after February 1, 2006.
11 Where an accidental injury results in the amputation
12 of a leg below the knee, such injury shall be compensated
13 as loss of a leg. Where an accidental injury results in the
14 amputation of a leg above the knee, compensation for an
15 additional 25 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) or an
18 additional 27 weeks (if the accidental injury occurs on or
19 after February 1, 2006) shall be paid, except where the
20 accidental injury results in the amputation of a leg at
21 the hip joint, or so close to the hip joint that an
22 artificial leg cannot be used, or results in the
23 disarticulation of a leg at the hip joint, in which case
24 compensation for an additional 75 weeks (if the accidental
25 injury occurs on or after the effective date of this
26 amendatory Act of the 94th General Assembly but before
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1 February 1, 2006) or an additional 81 weeks (if the
2 accidental injury occurs on or after February 1, 2006)
3 shall be paid.
4 13. Eye-
5 150 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.
8 162 weeks if the accidental injury occurs on or
9 after February 1, 2006.
10 Where an accidental injury results in the enucleation
11 of an eye, compensation for an additional 10 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) or an additional 11 weeks (if the
15 accidental injury occurs on or after February 1, 2006)
16 shall be paid.
17 14. Loss of hearing of one ear-
18 50 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 54 weeks if the accidental injury occurs on or
22 after February 1, 2006.
23 Total and permanent loss of hearing of both ears-
24 200 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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1 215 weeks if the accidental injury occurs on or
2 after February 1, 2006.
3 15. Testicle-
4 50 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 54 weeks if the accidental injury occurs on or
8 after February 1, 2006.
9 Both testicles-
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.
15 16. For the permanent partial loss of use of a member
16 or sight of an eye, or hearing of an ear, compensation
17 during that proportion of the number of weeks in the
18 foregoing schedule provided for the loss of such member or
19 sight of an eye, or hearing of an ear, which the partial
20 loss of use thereof bears to the total loss of use of such
21 member, or sight of eye, or hearing of an ear.
22 (a) Loss of hearing for compensation purposes
23 shall be confined to the frequencies of 1,000, 2,000
24 and 3,000 cycles per second. Loss of hearing ability
25 for frequency tones above 3,000 cycles per second are
26 not to be considered as constituting disability for
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1 hearing.
2 (b) The percent of hearing loss, for purposes of
3 the determination of compensation claims for
4 occupational deafness, shall be calculated as the
5 average in decibels for the thresholds of hearing for
6 the frequencies of 1,000, 2,000 and 3,000 cycles per
7 second. Pure tone air conduction audiometric
8 instruments, approved by nationally recognized
9 authorities in this field, shall be used for measuring
10 hearing loss. If the losses of hearing average 30
11 decibels or less in the 3 frequencies, such losses of
12 hearing shall not then constitute any compensable
13 hearing disability. If the losses of hearing average
14 85 decibels or more in the 3 frequencies, then the same
15 shall constitute and be total or 100% compensable
16 hearing loss.
17 (c) In measuring hearing impairment, the lowest
18 measured losses in each of the 3 frequencies shall be
19 added together and divided by 3 to determine the
20 average decibel loss. For every decibel of loss
21 exceeding 30 decibels an allowance of 1.82% shall be
22 made up to the maximum of 100% which is reached at 85
23 decibels.
24 (d) If a hearing loss is established to have
25 existed on July 1, 1975 by audiometric testing the
26 employer shall not be liable for the previous loss so
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1 established nor shall he be liable for any loss for
2 which compensation has been paid or awarded.
3 (e) No consideration shall be given to the
4 question of whether or not the ability of an employee
5 to understand speech is improved by the use of a
6 hearing aid.
7 (f) No claim for loss of hearing due to industrial
8 noise shall be brought against an employer or allowed
9 unless the employee has been exposed for a period of
10 time sufficient to cause permanent impairment to noise
11 levels in excess of the following:
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
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
23 This subparagraph (f) shall not be applied in cases of
24 hearing loss resulting from trauma or explosion.
25 17. In computing the compensation to be paid to any
26 employee who, before the accident for which he claims
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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
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1 compensation, had before that time sustained an injury
2 resulting in any permanency award or settlement,
3 including, without limitation, the loss by amputation or
4 partial loss by amputation of any member, including hand,
5 arm, thumb or fingers, leg, foot or any toes, the partial
6 loss of sight of an eye, or a permanency award or
7 settlement given under subparagraph 2 of paragraph (d),
8 such award or settlement loss or partial loss of any such
9 member shall be deducted from any award made for the
10 subsequent injury. If an employee received an award or
11 settlement under subparagraph 2 of paragraph (d) for a
12 shoulder injury between 2012 and the effective date of
13 this amendatory Act of the 104th General Assembly, then
14 the award or settlement shall be converted to the
15 appropriate number of weeks for an arm and the credit
16 taken against any award or settlement shall be taken on
17 the arm. For the permanent loss of use or the permanent
18 partial loss of use of any such member or the partial loss
19 of sight of an eye, for which compensation has been paid,
20 then such loss shall be taken into consideration and
21 deducted from any award for the subsequent injury.
22 18. The specific case of loss of both hands, both
23 arms, or both feet, or both legs, or both eyes, or of any
24 two thereof, or the permanent and complete loss of the use
25 thereof, constitutes total and permanent disability, to be
26 compensated according to the compensation fixed by
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1 paragraph (f) of this Section. These specific cases of
2 total and permanent disability do not exclude other cases.
3 Any employee who has previously suffered the loss or
4 permanent and complete loss of the use of any of such
5 members, and in a subsequent independent accident loses
6 another or suffers the permanent and complete loss of the
7 use of any one of such members the employer for whom the
8 injured employee is working at the time of the last
9 independent accident is liable to pay compensation only
10 for the loss or permanent and complete loss of the use of
11 the member occasioned by the last independent accident.
12 19. In a case of specific loss and the subsequent
13 death of such injured employee from other causes than such
14 injury leaving a widow, widower, or dependents surviving
15 before payment or payment in full for such injury, then
16 the amount due for such injury is payable to the widow or
17 widower and, if there be no widow or widower, then to such
18 dependents, in the proportion which such dependency bears
19 to total dependency.
20 Beginning July 1, 1980, and every 6 months thereafter, the
21 Commission shall examine the Second Injury Fund and when,
22 after deducting all advances or loans made to such Fund, the
23 amount therein is $500,000 then the amount required to be paid
24 by employers pursuant to paragraph (f) of Section 7 shall be
25 reduced by one-half. When the Second Injury Fund reaches the
26 sum of $600,000 then the payments shall cease entirely.
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1 However, when the Second Injury Fund has been reduced to
2 $400,000, payment of one-half of the amounts required by
3 paragraph (f) of Section 7 shall be resumed, in the manner
4 herein provided, and when the Second Injury Fund has been
5 reduced to $300,000, payment of the full amounts required by
6 paragraph (f) of Section 7 shall be resumed, in the manner
7 herein provided. The Commission shall make the changes in
8 payment effective by general order, and the changes in payment
9 become immediately effective for all cases coming before the
10 Commission thereafter either by settlement agreement or final
11 order, irrespective of the date of the accidental injury.
12 On August 1, 1996 and on February 1 and August 1 of each
13 subsequent year, the Commission shall examine the special fund
14 designated as the "Rate Adjustment Fund" and when, after
15 deducting all advances or loans made to said fund, the amount
16 therein is $4,000,000, the amount required to be paid by
17 employers pursuant to paragraph (f) of Section 7 shall be
18 reduced by one-half. When the Rate Adjustment Fund reaches the
19 sum of $5,000,000 the payment therein shall cease entirely.
20 However, when said Rate Adjustment Fund has been reduced to
21 $3,000,000 the amounts required by paragraph (f) of Section 7
22 shall be resumed in the manner herein provided.
23 (f) In case of complete disability, which renders the
24 employee wholly and permanently incapable of work, or in the
25 specific case of total and permanent disability as provided in
26 subparagraph 18 of paragraph (e) of this Section, compensation
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1 shall be payable at the rate provided in subparagraph 2 of
2 paragraph (b) of this Section for life.
3 An employee entitled to benefits under paragraph (f) of
4 this Section shall also be entitled to receive from the Rate
5 Adjustment Fund provided in paragraph (f) of Section 7 of the
6 supplementary benefits provided in paragraph (g) of this
7 Section 8.
8 If any employee who receives an award under this paragraph
9 afterwards returns to work or is able to do so, and earns or is
10 able to earn as much as before the accident, payments under
11 such award shall cease. If such employee returns to work, or is
12 able to do so, and earns or is able to earn part but not as
13 much as before the accident, such award shall be modified so as
14 to conform to an award under paragraph (d) of this Section. If
15 such award is terminated or reduced under the provisions of
16 this paragraph, such employees have the right at any time
17 within 30 months after the date of such termination or
18 reduction to file petition with the Commission for the purpose
19 of determining whether any disability exists as a result of
20 the original accidental injury and the extent thereof.
21 Disability as enumerated in subdivision 18, paragraph (e)
22 of this Section is considered complete disability.
23 If an employee who had previously incurred loss or the
24 permanent and complete loss of use of one member, through the
25 loss or the permanent and complete loss of the use of one hand,
26 one arm, one foot, one leg, or one eye, incurs permanent and
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1 complete disability through the loss or the permanent and
2 complete loss of the use of another member, he shall receive,
3 in addition to the compensation payable by the employer and
4 after such payments have ceased, an amount from the Second
5 Injury Fund provided for in paragraph (f) of Section 7, which,
6 together with the compensation payable from the employer in
7 whose employ he was when the last accidental injury was
8 incurred, will equal the amount payable for permanent and
9 complete disability as provided in this paragraph of this
10 Section.
11 The custodian of the Second Injury Fund provided for in
12 paragraph (f) of Section 7 shall be joined with the employer as
13 a party respondent in the application for adjustment of claim.
14 The application for adjustment of claim shall state briefly
15 and in general terms the approximate time and place and manner
16 of the loss of the first member.
17 In its award the Commission or the Arbitrator shall
18 specifically find the amount the injured employee shall be
19 weekly paid, the number of weeks compensation which shall be
20 paid by the employer, the date upon which payments begin out of
21 the Second Injury Fund provided for in paragraph (f) of
22 Section 7 of this Act, the length of time the weekly payments
23 continue, the date upon which the pension payments commence
24 and the monthly amount of the payments. The Commission shall
25 30 days after the date upon which payments out of the Second
26 Injury Fund have begun as provided in the award, and every
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1 month thereafter, prepare and submit to the State Comptroller
2 a voucher for payment for all compensation accrued to that
3 date at the rate fixed by the Commission. The State
4 Comptroller shall draw a warrant to the injured employee along
5 with a receipt to be executed by the injured employee and
6 returned to the Commission. The endorsed warrant and receipt
7 is a full and complete acquittance to the Commission for the
8 payment out of the Second Injury Fund. No other appropriation
9 or warrant is necessary for payment out of the Second Injury
10 Fund. The Second Injury Fund is appropriated for the purpose
11 of making payments according to the terms of the awards.
12 As of July 1, 1980 to July 1, 1982, all claims against and
13 obligations of the Second Injury Fund shall become claims
14 against and obligations of the Rate Adjustment Fund to the
15 extent there is insufficient money in the Second Injury Fund
16 to pay such claims and obligations. In that case, all
17 references to "Second Injury Fund" in this Section shall also
18 include the Rate Adjustment Fund.
19 (g) Every award for permanent total disability entered by
20 the Commission on and after July 1, 1965 under which
21 compensation payments shall become due and payable after the
22 effective date of this amendatory Act, and every award for
23 death benefits or permanent total disability entered by the
24 Commission on and after the effective date of this amendatory
25 Act shall be subject to annual adjustments as to the amount of
26 the compensation rate therein provided. Such adjustments shall
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1 first be made on July 15, 1977, and all awards made and entered
2 prior to July 1, 1975 and on July 15 of each year thereafter.
3 In all other cases such adjustment shall be made on July 15 of
4 the second year next following the date of the entry of the
5 award and shall further be made on July 15 annually
6 thereafter. If during the intervening period from the date of
7 the entry of the award, or the last periodic adjustment, there
8 shall have been an increase in the State's average weekly wage
9 in covered industries under the Unemployment Insurance Act,
10 the weekly compensation rate shall be proportionately
11 increased by the same percentage as the percentage of increase
12 in the State's average weekly wage in covered industries under
13 the Unemployment Insurance Act. The increase in the
14 compensation rate under this paragraph shall in no event bring
15 the total compensation rate to an amount greater than the
16 prevailing maximum rate at the time that the annual adjustment
17 is made. Such increase shall be paid in the same manner as
18 herein provided for payments under the Second Injury Fund to
19 the injured employee, or his dependents, as the case may be,
20 out of the Rate Adjustment Fund provided in paragraph (f) of
21 Section 7 of this Act. Payments shall be made at the same
22 intervals as provided in the award or, at the option of the
23 Commission, may be made in quarterly payment on the 15th day of
24 January, April, July and October of each year. In the event of
25 a decrease in such average weekly wage there shall be no change
26 in the then existing compensation rate. The within paragraph
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1 shall not apply to cases where there is disputed liability and
2 in which a compromise lump sum settlement between the employer
3 and the injured employee, or his dependents, as the case may
4 be, has been duly approved by the Illinois Workers'
5 Compensation Commission.
6 Provided, that in cases of awards entered by the
7 Commission for injuries occurring before July 1, 1975, the
8 increases in the compensation rate adjusted under the
9 foregoing provision of this paragraph (g) shall be limited to
10 increases in the State's average weekly wage in covered
11 industries under the Unemployment Insurance Act occurring
12 after July 1, 1975.
13 For every accident occurring on or after July 20, 2005 but
14 before the effective date of this amendatory Act of the 94th
15 General Assembly (Senate Bill 1283 of the 94th General
16 Assembly), the annual adjustments to the compensation rate in
17 awards for death benefits or permanent total disability, as
18 provided in this Act, shall be paid by the employer. The
19 adjustment shall be made by the employer on July 15 of the
20 second year next following the date of the entry of the award
21 and shall further be made on July 15 annually thereafter. If
22 during the intervening period from the date of the entry of the
23 award, or the last periodic adjustment, there shall have been
24 an increase in the State's average weekly wage in covered
25 industries under the Unemployment Insurance Act, the employer
26 shall increase the weekly compensation rate proportionately by
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1 the same percentage as the percentage of increase in the
2 State's average weekly wage in covered industries under the
3 Unemployment Insurance Act. The increase in the compensation
4 rate under this paragraph shall in no event bring the total
5 compensation rate to an amount greater than the prevailing
6 maximum rate at the time that the annual adjustment is made. In
7 the event of a decrease in such average weekly wage there shall
8 be no change in the then existing compensation rate. Such
9 increase shall be paid by the employer in the same manner and
10 at the same intervals as the payment of compensation in the
11 award. This paragraph shall not apply to cases where there is
12 disputed liability and in which a compromise lump sum
13 settlement between the employer and the injured employee, or
14 his or her dependents, as the case may be, has been duly
15 approved by the Illinois Workers' Compensation Commission.
16 The annual adjustments for every award of death benefits
17 or permanent total disability involving accidents occurring
18 before July 20, 2005 and accidents occurring on or after the
19 effective date of this amendatory Act of the 94th General
20 Assembly (Senate Bill 1283 of the 94th General Assembly) shall
21 continue to be paid from the Rate Adjustment Fund pursuant to
22 this paragraph and Section 7(f) of this Act.
23 (h) In case death occurs from any cause before the total
24 compensation to which the employee would have been entitled
25 has been paid, then in case the employee leaves any widow,
26 widower, child, parent (or any grandchild, grandparent or
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1 other lineal heir or any collateral heir dependent at the time
2 of the accident upon the earnings of the employee to the extent
3 of 50% or more of total dependency) such compensation shall be
4 paid to the beneficiaries of the deceased employee and
5 distributed as provided in paragraph (g) of Section 7.
6 (h-1) In case an injured employee is under legal
7 disability at the time when any right or privilege accrues to
8 him or her under this Act, a guardian may be appointed pursuant
9 to law, and may, on behalf of such person under legal
10 disability, claim and exercise any such right or privilege
11 with the same effect as if the employee himself or herself had
12 claimed or exercised the right or privilege. No limitations of
13 time provided by this Act run so long as the employee who is
14 under legal disability is without a conservator or guardian.
15 (i) In case the injured employee is under 16 years of age
16 at the time of the accident and is illegally employed, the
17 amount of compensation payable under paragraphs (b), (c), (d),
18 (e) and (f) of this Section is increased 50%.
19 However, where an employer has on file an employment
20 certificate issued pursuant to the Child Labor Law of 2024 or
21 work permit issued pursuant to the Federal Fair Labor
22 Standards Act, as amended, or a birth certificate properly and
23 duly issued, such certificate, permit or birth certificate is
24 conclusive evidence as to the age of the injured minor
25 employee for the purposes of this Section.
26 Nothing herein contained repeals or amends the provisions
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1 of the Child Labor Law of 2024 relating to the employment of
2 minors under the age of 16 years.
3 (j) 1. In the event the injured employee receives
4 benefits, including medical, surgical or hospital benefits
5 under any group plan covering non-occupational disabilities
6 contributed to wholly or partially by the employer, which
7 benefits should not have been payable if any rights of
8 recovery existed under this Act, then such amounts so paid to
9 the employee from any such group plan as shall be consistent
10 with, and limited to, the provisions of paragraph 2 hereof,
11 shall be credited to or against any compensation payment for
12 temporary total incapacity for work or any medical, surgical
13 or hospital benefits made or to be made under this Act. In such
14 event, the period of time for giving notice of accidental
15 injury and filing application for adjustment of claim does not
16 commence to run until the termination of such payments. This
17 paragraph does not apply to payments made under any group plan
18 which would have been payable irrespective of an accidental
19 injury under this Act. Any employer receiving such credit
20 shall keep such employee safe and harmless from any and all
21 claims or liabilities that may be made against him by reason of
22 having received such payments only to the extent of such
23 credit.
24 Any excess benefits paid to or on behalf of a State
25 employee by the State Employees' Retirement System under
26 Article 14 of the Illinois Pension Code on a death claim or
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1 disputed disability claim shall be credited against any
2 payments made or to be made by the State of Illinois to or on
3 behalf of such employee under this Act, except for payments
4 for medical expenses which have already been incurred at the
5 time of the award. The State of Illinois shall directly
6 reimburse the State Employees' Retirement System to the extent
7 of such credit.
8 2. Nothing contained in this Act shall be construed to
9 give the employer or the insurance carrier the right to credit
10 for any benefits or payments received by the employee other
11 than compensation payments provided by this Act, and where the
12 employee receives payments other than compensation payments,
13 whether as full or partial salary, group insurance benefits,
14 bonuses, annuities or any other payments, the employer or
15 insurance carrier shall receive credit for each such payment
16 only to the extent of the compensation that would have been
17 payable during the period covered by such payment.
18 3. The extension of time for the filing of an Application
19 for Adjustment of Claim as provided in paragraph 1 above shall
20 not apply to those cases where the time for such filing had
21 expired prior to the date on which payments or benefits
22 enumerated herein have been initiated or resumed. Provided
23 however that this paragraph 3 shall apply only to cases
24 wherein the payments or benefits hereinabove enumerated shall
25 be received after July 1, 1969.
26 (Source: P.A. 103-721, eff. 1-1-25.)
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