Illinois 2025-2026 Regular Session

Illinois House Bill HB1257 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1257 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 820 ILCS 305/1 from Ch. 48, par. 138.1 Amends the Workers' Compensation Act concerning injuries sustained by employees during travel. Provides that accidental injuries sustained while traveling to or from work do not arise out of and in the course of employment, except under specified circumstances. Provides that the injury may arise out of and in the course of employment if, at the time of the injury, the employee was performing acts the employer instructed the employee to perform, acts that the employee had a common law or statutory duty to perform while performing duties for his or her employer, or acts that the employee might be reasonably expected to perform incident to his or her assigned duties. Effective immediately. LRB104 03224 SPS 13246 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1257 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 820 ILCS 305/1 from Ch. 48, par. 138.1 820 ILCS 305/1 from Ch. 48, par. 138.1 Amends the Workers' Compensation Act concerning injuries sustained by employees during travel. Provides that accidental injuries sustained while traveling to or from work do not arise out of and in the course of employment, except under specified circumstances. Provides that the injury may arise out of and in the course of employment if, at the time of the injury, the employee was performing acts the employer instructed the employee to perform, acts that the employee had a common law or statutory duty to perform while performing duties for his or her employer, or acts that the employee might be reasonably expected to perform incident to his or her assigned duties. Effective immediately. LRB104 03224 SPS 13246 b LRB104 03224 SPS 13246 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1257 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
3	3	820 ILCS 305/1 from Ch. 48, par. 138.1 820 ILCS 305/1 from Ch. 48, par. 138.1
4	4	820 ILCS 305/1 from Ch. 48, par. 138.1
5	5	Amends the Workers' Compensation Act concerning injuries sustained by employees during travel. Provides that accidental injuries sustained while traveling to or from work do not arise out of and in the course of employment, except under specified circumstances. Provides that the injury may arise out of and in the course of employment if, at the time of the injury, the employee was performing acts the employer instructed the employee to perform, acts that the employee had a common law or statutory duty to perform while performing duties for his or her employer, or acts that the employee might be reasonably expected to perform incident to his or her assigned duties. Effective immediately.
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8	8	A BILL FOR
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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 1 as follows:
16	16	6 (820 ILCS 305/1) (from Ch. 48, par. 138.1)
17	17	7 Sec. 1. This Act may be cited as the Workers' Compensation
18	18	8 Act.
19	19	9 (a) The term "employer" as used in this Act means:
20	20	10 1. The State and each county, city, town, township,
21	21	11 incorporated village, school district, body politic, or
22	22	12 municipal corporation therein.
23	23	13 2. Every person, firm, public or private corporation,
24	24	14 including hospitals, public service, eleemosynary, religious
25	25	15 or charitable corporations or associations who has any person
26	26	16 in service or under any contract for hire, express or implied,
27	27	17 oral or written, and who is engaged in any of the enterprises
28	28	18 or businesses enumerated in Section 3 of this Act, or who at or
29	29	19 prior to the time of the accident to the employee for which
30	30	20 compensation under this Act may be claimed, has in the manner
31	31	21 provided in this Act elected to become subject to the
32	32	22 provisions of this Act, and who has not, prior to such
33	33	23 accident, effected a withdrawal of such election in the manner
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1257 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
38	38	820 ILCS 305/1 from Ch. 48, par. 138.1 820 ILCS 305/1 from Ch. 48, par. 138.1
39	39	820 ILCS 305/1 from Ch. 48, par. 138.1
40	40	Amends the Workers' Compensation Act concerning injuries sustained by employees during travel. Provides that accidental injuries sustained while traveling to or from work do not arise out of and in the course of employment, except under specified circumstances. Provides that the injury may arise out of and in the course of employment if, at the time of the injury, the employee was performing acts the employer instructed the employee to perform, acts that the employee had a common law or statutory duty to perform while performing duties for his or her employer, or acts that the employee might be reasonably expected to perform incident to his or her assigned duties. Effective immediately.
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43	43	A BILL FOR
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68	68	1 provided in this Act.
69	69	2 3. Any one engaging in any business or enterprise referred
70	70	3 to in subsections 1 and 2 of Section 3 of this Act who
71	71	4 undertakes to do any work enumerated therein, is liable to pay
72	72	5 compensation to his own immediate employees in accordance with
73	73	6 the provisions of this Act, and in addition thereto if he
74	74	7 directly or indirectly engages any contractor whether
75	75	8 principal or sub-contractor to do any such work, he is liable
76	76	9 to pay compensation to the employees of any such contractor or
77	77	10 sub-contractor unless such contractor or sub-contractor has
78	78	11 insured, in any company or association authorized under the
79	79	12 laws of this State to insure the liability to pay compensation
80	80	13 under this Act, or guaranteed his liability to pay such
81	81	14 compensation. With respect to any time limitation on the
82	82	15 filing of claims provided by this Act, the timely filing of a
83	83	16 claim against a contractor or subcontractor, as the case may
84	84	17 be, shall be deemed to be a timely filing with respect to all
85	85	18 persons upon whom liability is imposed by this paragraph.
86	86	19 In the event any such person pays compensation under this
87	87	20 subsection he may recover the amount thereof from the
88	88	21 contractor or sub-contractor, if any, and in the event the
89	89	22 contractor pays compensation under this subsection he may
90	90	23 recover the amount thereof from the sub-contractor, if any.
91	91	24 This subsection does not apply in any case where the
92	92	25 accident occurs elsewhere than on, in or about the immediate
93	93	26 premises on which the principal has contracted that the work
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104	104	1 be done.
105	105	2 4. Where an employer operating under and subject to the
106	106	3 provisions of this Act loans an employee to another such
107	107	4 employer and such loaned employee sustains a compensable
108	108	5 accidental injury in the employment of such borrowing employer
109	109	6 and where such borrowing employer does not provide or pay the
110	110	7 benefits or payments due such injured employee, such loaning
111	111	8 employer is liable to provide or pay all benefits or payments
112	112	9 due such employee under this Act and as to such employee the
113	113	10 liability of such loaning and borrowing employers is joint and
114	114	11 several, provided that such loaning employer is in the absence
115	115	12 of agreement to the contrary entitled to receive from such
116	116	13 borrowing employer full reimbursement for all sums paid or
117	117	14 incurred pursuant to this paragraph together with reasonable
118	118	15 attorneys' fees and expenses in any hearings before the
119	119	16 Illinois Workers' Compensation Commission or in any action to
120	120	17 secure such reimbursement. Where any benefit is provided or
121	121	18 paid by such loaning employer the employee has the duty of
122	122	19 rendering reasonable cooperation in any hearings, trials or
123	123	20 proceedings in the case, including such proceedings for
124	124	21 reimbursement.
125	125	22 Where an employee files an Application for Adjustment of
126	126	23 Claim with the Illinois Workers' Compensation Commission
127	127	24 alleging that his claim is covered by the provisions of the
128	128	25 preceding paragraph, and joining both the alleged loaning and
129	129	26 borrowing employers, they and each of them, upon written
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140	140	1 demand by the employee and within 7 days after receipt of such
141	141	2 demand, shall have the duty of filing with the Illinois
142	142	3 Workers' Compensation Commission a written admission or denial
143	143	4 of the allegation that the claim is covered by the provisions
144	144	5 of the preceding paragraph and in default of such filing or if
145	145	6 any such denial be ultimately determined not to have been bona
146	146	7 fide then the provisions of Paragraph K of Section 19 of this
147	147	8 Act shall apply.
148	148	9 An employer whose business or enterprise or a substantial
149	149	10 part thereof consists of hiring, procuring or furnishing
150	150	11 employees to or for other employers operating under and
151	151	12 subject to the provisions of this Act for the performance of
152	152	13 the work of such other employers and who pays such employees
153	153	14 their salary or wages notwithstanding that they are doing the
154	154	15 work of such other employers shall be deemed a loaning
155	155	16 employer within the meaning and provisions of this Section.
156	156	17 (b) The term "employee" as used in this Act means:
157	157	18 1. Every person in the service of the State, including
158	158	19 members of the General Assembly, members of the Commerce
159	159	20 Commission, members of the Illinois Workers' Compensation
160	160	21 Commission, and all persons in the service of the University
161	161	22 of Illinois, county, including deputy sheriffs and assistant
162	162	23 state's attorneys, city, town, township, incorporated village
163	163	24 or school district, body politic, or municipal corporation
164	164	25 therein, whether by election, under appointment or contract of
165	165	26 hire, express or implied, oral or written, including all
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176	176	1 members of the Illinois National Guard while on active duty in
177	177	2 the service of the State, and all probation personnel of the
178	178	3 Juvenile Court appointed pursuant to Article VI of the
179	179	4 Juvenile Court Act of 1987, and including any official of the
180	180	5 State, any county, city, town, township, incorporated village,
181	181	6 school district, body politic or municipal corporation therein
182	182	7 except any duly appointed member of a police department in any
183	183	8 city whose population exceeds 500,000 according to the last
184	184	9 Federal or State census, and except any member of a fire
185	185	10 insurance patrol maintained by a board of underwriters in this
186	186	11 State. A duly appointed member of a fire department in any
187	187	12 city, the population of which exceeds 500,000 according to the
188	188	13 last federal or State census, is an employee under this Act
189	189	14 only with respect to claims brought under paragraph (c) of
190	190	15 Section 8.
191	191	16 One employed by a contractor who has contracted with the
192	192	17 State, or a county, city, town, township, incorporated
193	193	18 village, school district, body politic or municipal
194	194	19 corporation therein, through its representatives, is not
195	195	20 considered as an employee of the State, county, city, town,
196	196	21 township, incorporated village, school district, body politic
197	197	22 or municipal corporation which made the contract.
198	198	23 2. Every person in the service of another under any
199	199	24 contract of hire, express or implied, oral or written,
200	200	25 including persons whose employment is outside of the State of
201	201	26 Illinois where the contract of hire is made within the State of
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212	212	1 Illinois, persons whose employment results in fatal or
213	213	2 non-fatal injuries within the State of Illinois where the
214	214	3 contract of hire is made outside of the State of Illinois, and
215	215	4 persons whose employment is principally localized within the
216	216	5 State of Illinois, regardless of the place of the accident or
217	217	6 the place where the contract of hire was made, and including
218	218	7 noncitizens, and minors who, for the purpose of this Act are
219	219	8 considered the same and have the same power to contract,
220	220	9 receive payments and give quittances therefor, as adult
221	221	10 employees.
222	222	11 3. Every sole proprietor and every partner of a business
223	223	12 may elect to be covered by this Act.
224	224	13 An employee or his dependents under this Act who shall
225	225	14 have a cause of action by reason of any injury, disablement or
226	226	15 death arising out of and in the course of his employment may
227	227	16 elect to pursue his remedy in the State where injured or
228	228	17 disabled, or in the State where the contract of hire is made,
229	229	18 or in the State where the employment is principally localized.
230	230	19 However, any employer may elect to provide and pay
231	231	20 compensation to any employee other than those engaged in the
232	232	21 usual course of the trade, business, profession or occupation
233	233	22 of the employer by complying with Sections 2 and 4 of this Act.
234	234	23 Employees are not included within the provisions of this Act
235	235	24 when excluded by the laws of the United States relating to
236	236	25 liability of employers to their employees for personal
237	237	26 injuries where such laws are held to be exclusive.
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248	248	1 The term "employee" does not include persons performing
249	249	2 services as real estate broker, broker-salesman, or salesman
250	250	3 when such persons are paid by commission only.
251	251	4 (c) "Commission" means the Industrial Commission created
252	252	5 by Section 5 of "The Civil Administrative Code of Illinois",
253	253	6 approved March 7, 1917, as amended, or the Illinois Workers'
254	254	7 Compensation Commission created by Section 13 of this Act.
255	255	8 (d) To obtain compensation under this Act, an employee
256	256	9 bears the burden of showing, by a preponderance of the
257	257	10 evidence, that he or she has sustained accidental injuries
258	258	11 arising out of and in the course of the employment.
259	259	12 Except as provided in subsection (e), accidental injuries
260	260	13 sustained while traveling to or from work do not arise out of
261	261	14 and in the course of employment.
262	262	15 (e) An accidental injury arises out of and in the course of
263	263	16 employment if it is sustained by an employee who is required by
264	264	17 the employer to travel away from the employer's premises in
265	265	18 order to perform his or her job and the conduct in which the
266	266	19 employee was engaged at the time of the accidental injury was:
267	267	20 (1) acts the employer instructed the employee to perform; (2)
268	268	21 acts that the employee had a common law or statutory duty to
269	269	22 perform while performing duties for his or her employer; or
270	270	23 (3) acts that the employee might be reasonably expected to
271	271	24 perform incident to his or her assigned duties.
272	272	25 Notwithstanding the foregoing, an accidental injury
273	273	26 sustained by an employee while traveling away from the
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284	284	1 employer's premises does not arise out of and in the course of
285	285	2 employment if: (1) the accidental injury is sustained during
286	286	3 the employee's commute to and from his or her domicile,
287	287	4 residence, or place where the employee currently lives and his
288	288	5 or her primary or current place of employment; (2) the
289	289	6 accidental injury is sustained during a personal deviation or
290	290	7 personal errand; or (3) the accidental injury, or the medical
291	291	8 condition or impairment for which compensation is sought,
292	292	9 resulted from a personal risk.
293	293	10 In determining whether an employee is required to travel
294	294	11 away from the employer's premises in order to perform his or
295	295	12 her job, the following factors, shall be considered:
296	296	13 (1) whether the employee's course or method of travel
297	297	14 was determined by the demands and exigencies of the job;
298	298	15 (2) whether the employer reimbursed the employee for
299	299	16 travel expenses or time spent traveling; and
300	300	17 (3) whether the employer directed the employee's
301	301	18 travel or required the employee to take a certain route to
302	302	19 perform his or her duties.
303	303	20 (Source: P.A. 102-1030, eff. 5-27-22.)
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