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Illinois House Bill HB1285

Illinois 2025-2026 Regular Session

Illinois House Bill HB1285 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1285 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 820 ILCS 305/6 from Ch. 48, par. 138.6 Amends the Workers' Compensation Act. Makes a technical change in a Section concerning notices. LRB104 07419 SPS 17460 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1285 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 820 ILCS 305/6 from Ch. 48, par. 138.6 820 ILCS 305/6 from Ch. 48, par. 138.6 Amends the Workers' Compensation Act. Makes a technical change in a Section concerning notices. LRB104 07419 SPS 17460 b LRB104 07419 SPS 17460 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1285 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
33 820 ILCS 305/6 from Ch. 48, par. 138.6 820 ILCS 305/6 from Ch. 48, par. 138.6
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55 Amends the Workers' Compensation Act. Makes a technical change in a Section concerning notices.
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1111 1 AN ACT concerning employment.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Workers' Compensation Act is amended by
1515 5 changing Section 6 as follows:
1616 6 (820 ILCS 305/6) (from Ch. 48, par. 138.6)
1717 7 Sec. 6. (a) Every employer within the the provisions of
1818 8 this Act, shall, under the rules and regulations prescribed by
1919 9 the Commission, post printed notices in their respective
2020 10 places of employment in such number and at such places as may
2121 11 be determined by the Commission, containing such information
2222 12 relative to this Act as in the judgment of the Commission may
2323 13 be necessary to aid employees to safeguard their rights under
2424 14 this Act in event of injury.
2525 15 In addition thereto, the employer shall post in a
2626 16 conspicuous place on the place of the employment a printed or
2727 17 typewritten notice stating whether he is insured or whether he
2828 18 has qualified and is operating as a self-insured employer. In
2929 19 the event the employer is insured, the notice shall state the
3030 20 name and address of his insurance carrier, the number of the
3131 21 insurance policy, its effective date and the date of
3232 22 termination. In the event of the termination of the policy for
3333 23 any reason prior to the termination date stated, the posted
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1285 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
3838 820 ILCS 305/6 from Ch. 48, par. 138.6 820 ILCS 305/6 from Ch. 48, par. 138.6
3939 820 ILCS 305/6 from Ch. 48, par. 138.6
4040 Amends the Workers' Compensation Act. Makes a technical change in a Section concerning notices.
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6868 1 notice shall promptly be corrected accordingly. In the event
6969 2 the employer is operating as a self-insured employer the
7070 3 notice shall state the name and address of the company, if any,
7171 4 servicing the compensation payments of the employer, and the
7272 5 name and address of the person in charge of making
7373 6 compensation payments.
7474 7 (b) Every employer subject to this Act shall maintain
7575 8 accurate records of work-related deaths, injuries and illness
7676 9 other than minor injuries requiring only first aid treatment
7777 10 and which do not involve medical treatment, loss of
7878 11 consciousness, restriction of work or motion, or transfer to
7979 12 another job and file with the Commission, in writing, a report
8080 13 of all accidental deaths, injuries and illnesses arising out
8181 14 of and in the course of the employment resulting in the loss of
8282 15 more than 3 scheduled work days. In the case of death such
8383 16 report shall be made no later than 2 working days following the
8484 17 accidental death. In all other cases such report shall be made
8585 18 between the 15th and 25th of each month unless required to be
8686 19 made sooner by rule of the Commission. In case the injury
8787 20 results in permanent disability, a further report shall be
8888 21 made as soon as it is determined that such permanent
8989 22 disability has resulted or will result from the injury. All
9090 23 reports shall state the date of the injury, including the time
9191 24 of day or night, the nature of the employer's business, the
9292 25 name, address, age, sex, conjugal condition of the injured
9393 26 person, the specific occupation of the injured person, the
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104104 1 direct cause of the injury and the nature of the accident, the
105105 2 character of the injury, the length of disability, and in case
106106 3 of death the length of disability before death, the wages of
107107 4 the injured person, whether compensation has been paid to the
108108 5 injured person, or to his or her legal representative or his
109109 6 heirs or next of kin, the amount of compensation paid, the
110110 7 amount paid for physicians', surgeons' and hospital bills, and
111111 8 by whom paid, and the amount paid for funeral or burial
112112 9 expenses if known. The reports shall be made on forms and in
113113 10 the manner as prescribed by the Commission and shall contain
114114 11 such further information as the Commission shall deem
115115 12 necessary and require. The making of these reports releases
116116 13 the employer from making such reports to any other officer of
117117 14 the State and shall satisfy the reporting provisions as
118118 15 contained in the Safety Inspection and Education Act, the
119119 16 Health and Safety Act, and the Occupational Safety and Health
120120 17 Act. The reports filed with the Commission pursuant to this
121121 18 Section shall be made available by the Commission to the
122122 19 Director of Labor or his representatives and to all other
123123 20 departments of the State of Illinois which shall require such
124124 21 information for the proper discharge of their official duties.
125125 22 Failure to file with the Commission any of the reports
126126 23 required in this Section is a petty offense.
127127 24 Except as provided in this paragraph, all reports filed
128128 25 hereunder shall be confidential and any person having access
129129 26 to such records filed with the Illinois Workers' Compensation
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140140 1 Commission as herein required, who shall release any
141141 2 information therein contained including the names or otherwise
142142 3 identify any persons sustaining injuries or disabilities, or
143143 4 give access to such information to any unauthorized person,
144144 5 shall be subject to discipline or discharge, and in addition
145145 6 shall be guilty of a Class B misdemeanor. The Commission shall
146146 7 compile and distribute to interested persons aggregate
147147 8 statistics, taken from the reports filed hereunder. The
148148 9 aggregate statistics shall not give the names or otherwise
149149 10 identify persons sustaining injuries or disabilities or the
150150 11 employer of any injured person or person with a disability.
151151 12 (c) Notice of the accident shall be given to the employer
152152 13 as soon as practicable, but not later than 45 days after the
153153 14 accident. Provided:
154154 15 (1) In case of the legal disability of the employee or
155155 16 any dependent of a deceased employee who may be entitled
156156 17 to compensation under the provisions of this Act, the
157157 18 limitations of time by this Act provided do not begin to
158158 19 run against such person under legal disability until a
159159 20 guardian has been appointed.
160160 21 (2) In cases of injuries sustained by exposure to
161161 22 radiological materials or equipment, notice shall be given
162162 23 to the employer within 90 days subsequent to the time that
163163 24 the employee knows or suspects that he has received an
164164 25 excessive dose of radiation.
165165 26 No defect or inaccuracy of such notice shall be a bar to
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176176 1 the maintenance of proceedings on arbitration or otherwise by
177177 2 the employee unless the employer proves that he is unduly
178178 3 prejudiced in such proceedings by such defect or inaccuracy.
179179 4 Notice of the accident shall give the approximate date and
180180 5 place of the accident, if known, and may be given orally or in
181181 6 writing.
182182 7 (d) Every employer shall notify each injured employee who
183183 8 has been granted compensation under the provisions of Section
184184 9 8 of this Act of his rights to rehabilitation services and
185185 10 advise him of the locations of available public rehabilitation
186186 11 centers and any other such services of which the employer has
187187 12 knowledge.
188188 13 In any case, other than one where the injury was caused by
189189 14 exposure to radiological materials or equipment or asbestos
190190 15 unless the application for compensation is filed with the
191191 16 Commission within 3 years after the date of the accident,
192192 17 where no compensation has been paid, or within 2 years after
193193 18 the date of the last payment of compensation, where any has
194194 19 been paid, whichever shall be later, the right to file such
195195 20 application shall be barred.
196196 21 In any case of injury caused by exposure to radiological
197197 22 materials or equipment or asbestos, unless application for
198198 23 compensation is filed with the Commission within 25 years
199199 24 after the last day that the employee was employed in an
200200 25 environment of hazardous radiological activity or asbestos,
201201 26 the right to file such application shall be barred.
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212212 1 If in any case except one where the injury was caused by
213213 2 exposure to radiological materials or equipment or asbestos,
214214 3 the accidental injury results in death application for
215215 4 compensation for death may be filed with the Commission within
216216 5 3 years after the date of death where no compensation has been
217217 6 paid or within 2 years after the date of the last payment of
218218 7 compensation where any has been paid, whichever shall be
219219 8 later, but not thereafter.
220220 9 If an accidental injury caused by exposure to radiological
221221 10 material or equipment or asbestos results in death within 25
222222 11 years after the last day that the employee was so exposed
223223 12 application for compensation for death may be filed with the
224224 13 Commission within 3 years after the date of death, where no
225225 14 compensation has been paid, or within 2 years after the date of
226226 15 the last payment of compensation where any has been paid,
227227 16 whichever shall be later, but not thereafter.
228228 17 (e) Any contract or agreement made by any employer or his
229229 18 agent or attorney with any employee or any other beneficiary
230230 19 of any claim under the provisions of this Act within 7 days
231231 20 after the injury shall be presumed to be fraudulent.
232232 21 (f) Any condition or impairment of health of an employee
233233 22 employed as a firefighter, emergency medical technician (EMT),
234234 23 emergency medical technician-intermediate (EMT-I), advanced
235235 24 emergency medical technician (A-EMT), or paramedic which
236236 25 results directly or indirectly from any bloodborne pathogen,
237237 26 contagious staph infection, including Methicillin-resistant
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248248 1 Staphylococcus aureus (MRSA), lung or respiratory disease or
249249 2 condition, heart or vascular disease or condition,
250250 3 hypertension, tuberculosis, or cancer resulting in any
251251 4 disability (temporary, permanent, total, or partial) to the
252252 5 employee shall be rebuttably presumed to arise out of and in
253253 6 the course of the employee's firefighting, EMT, or paramedic
254254 7 employment and, further, shall be rebuttably presumed to be
255255 8 causally connected to the hazards or exposures of the
256256 9 employment. This presumption shall also apply to any hernia or
257257 10 hearing loss suffered by an employee employed as a
258258 11 firefighter, EMT, EMT-I, A-EMT, or paramedic. However, this
259259 12 presumption shall not apply to any employee who has been
260260 13 employed as a firefighter, EMT, or paramedic for less than 5
261261 14 years at the time he or she files an Application for Adjustment
262262 15 of Claim concerning this condition or impairment with the
263263 16 Illinois Workers' Compensation Commission. The rebuttable
264264 17 presumption established under this subsection, however, does
265265 18 not apply to an emergency medical technician (EMT), emergency
266266 19 medical technician-intermediate (EMT-I), advanced emergency
267267 20 medical technician (A-EMT), or paramedic employed by a private
268268 21 employer if the employee spends the preponderance of his or
269269 22 her work time for that employer engaged in medical transfers
270270 23 between medical care facilities or non-emergency medical
271271 24 transfers to or from medical care facilities. The changes made
272272 25 to this subsection by Public Act 98-291 shall be narrowly
273273 26 construed. The Finding and Decision of the Illinois Workers'
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