Bill Text: IL HB2345 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Workers' Compensation Act. Provides that for purposes of computing compensation for an employee who had a prior compensated injury to the spine, the prior compensation shall be deducted from compensation awarded for a subsequent injury to the same part of the spine. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB2345 Detail]

Download: Illinois-2023-HB2345-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2345

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 for purposes of computing compensation for an employee who had a prior compensated injury to the spine, the prior compensation shall be deducted from compensation awarded for a subsequent injury to the same part of the spine. Effective immediately.
LRB103 27631 SPS 54007 b

A BILL FOR

HB2345LRB103 27631 SPS 54007 b
1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Workers' Compensation Act is amended by
5changing 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
8the employee for an accidental injury not resulting in death
9is:
10 (a) The employer shall provide and pay the negotiated
11rate, if applicable, or the lesser of the health care
12provider's actual charges or according to a fee schedule,
13subject to Section 8.2, in effect at the time the service was
14rendered for all the necessary first aid, medical and surgical
15services, and all necessary medical, surgical and hospital
16services thereafter incurred, limited, however, to that which
17is reasonably required to cure or relieve from the effects of
18the accidental injury, even if a health care provider sells,
19transfers, or otherwise assigns an account receivable for
20procedures, treatments, or services covered under this Act. If
21the employer does not dispute payment of first aid, medical,
22surgical, and hospital services, the employer shall make such
23payment to the provider on behalf of the employee. The

HB2345- 2 -LRB103 27631 SPS 54007 b
1employer shall also pay for treatment, instruction and
2training necessary for the physical, mental and vocational
3rehabilitation of the employee, including all maintenance
4costs and expenses incidental thereto. If as a result of the
5injury the employee is unable to be self-sufficient the
6employer shall further pay for such maintenance or
7institutional care as shall be required.
8 The employee may at any time elect to secure his own
9physician, surgeon and hospital services at the employer's
10expense, or,
11 Upon agreement between the employer and the employees, or
12the employees' exclusive representative, and subject to the
13approval of the Illinois Workers' Compensation Commission, the
14employer shall maintain a list of physicians, to be known as a
15Panel of Physicians, who are accessible to the employees. The
16employer shall post this list in a place or places easily
17accessible to his employees. The employee shall have the right
18to make an alternative choice of physician from such Panel if
19he is not satisfied with the physician first selected. If, due
20to the nature of the injury or its occurrence away from the
21employer's place of business, the employee is unable to make a
22selection from the Panel, the selection process from the Panel
23shall not apply. The physician selected from the Panel may
24arrange for any consultation, referral or other specialized
25medical services outside the Panel at the employer's expense.
26Provided that, in the event the Commission shall find that a

HB2345- 3 -LRB103 27631 SPS 54007 b
1doctor selected by the employee is rendering improper or
2inadequate care, the Commission may order the employee to
3select another doctor certified or qualified in the medical
4field for which treatment is required. If the employee refuses
5to make such change the Commission may relieve the employer of
6his obligation to pay the doctor's charges from the date of
7refusal to the date of compliance.
8 Any vocational rehabilitation counselors who provide
9service under this Act shall have appropriate certifications
10which designate the counselor as qualified to render opinions
11relating to vocational rehabilitation. Vocational
12rehabilitation may include, but is not limited to, counseling
13for job searches, supervising a job search program, and
14vocational retraining including education at an accredited
15learning institution. The employee or employer may petition to
16the Commission to decide disputes relating to vocational
17rehabilitation and the Commission shall resolve any such
18dispute, including payment of the vocational rehabilitation
19program by the employer.
20 The maintenance benefit shall not be less than the
21temporary total disability rate determined for the employee.
22In addition, maintenance shall include costs and expenses
23incidental to the vocational rehabilitation program.
24 When the employee is working light duty on a part-time
25basis or full-time basis and earns less than he or she would be
26earning if employed in the full capacity of the job or jobs,

HB2345- 4 -LRB103 27631 SPS 54007 b
1then the employee shall be entitled to temporary partial
2disability benefits. Temporary partial disability benefits
3shall be equal to two-thirds of the difference between the
4average amount that the employee would be able to earn in the
5full performance of his or her duties in the occupation in
6which he or she was engaged at the time of accident and the
7gross amount which he or she is earning in the modified job
8provided to the employee by the employer or in any other job
9that the employee is working.
10 Every hospital, physician, surgeon or other person
11rendering treatment or services in accordance with the
12provisions of this Section shall upon written request furnish
13full and complete reports thereof to, and permit their records
14to be copied by, the employer, the employee or his dependents,
15as the case may be, or any other party to any proceeding for
16compensation before the Commission, or their attorneys.
17 Notwithstanding the foregoing, the employer's liability to
18pay for such medical services selected by the employee shall
19be 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

HB2345- 5 -LRB103 27631 SPS 54007 b
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

HB2345- 6 -LRB103 27631 SPS 54007 b
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
12in this Act prevents an employee whose injury or disability
13has been established under this Act, from relying in good
14faith, on treatment by prayer or spiritual means alone, in
15accordance with the tenets and practice of a recognized church
16or religious denomination, by a duly accredited practitioner
17thereof, and having nursing services appropriate therewith,
18without suffering loss or diminution of the compensation
19benefits under this Act. However, the employee shall submit to
20all physical examinations required by this Act. The cost of
21such treatment and nursing care shall be paid by the employee
22unless the employer agrees to make such payment.
23 Where the accidental injury results in the amputation of
24an arm, hand, leg or foot, or the enucleation of an eye, or the
25loss of any of the natural teeth, the employer shall furnish an
26artificial of any such members lost or damaged in accidental

HB2345- 7 -LRB103 27631 SPS 54007 b
1injury arising out of and in the course of employment, and
2shall also furnish the necessary braces in all proper and
3necessary cases. In cases of the loss of a member or members by
4amputation, the employer shall, whenever necessary, maintain
5in good repair, refit or replace the artificial limbs during
6the lifetime of the employee. Where the accidental injury
7accompanied by physical injury results in damage to a denture,
8eye glasses or contact eye lenses, or where the accidental
9injury results in damage to an artificial member, the employer
10shall replace or repair such denture, glasses, lenses, or
11artificial member.
12 The furnishing by the employer of any such services or
13appliances is not an admission of liability on the part of the
14employer to pay compensation.
15 The furnishing of any such services or appliances or the
16servicing thereof by the employer is not the payment of
17compensation.
18 (b) If the period of temporary total incapacity for work
19lasts more than 3 working days, weekly compensation as
20hereinafter provided shall be paid beginning on the 4th day of
21such temporary total incapacity and continuing as long as the
22total temporary incapacity lasts. In cases where the temporary
23total incapacity for work continues for a period of 14 days or
24more from the day of the accident compensation shall commence
25on the day after the accident.
26 1. The compensation rate for temporary total

HB2345- 8 -LRB103 27631 SPS 54007 b
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,

HB2345- 9 -LRB103 27631 SPS 54007 b
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".

HB2345- 10 -LRB103 27631 SPS 54007 b
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

HB2345- 11 -LRB103 27631 SPS 54007 b
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.

HB2345- 12 -LRB103 27631 SPS 54007 b
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

HB2345- 13 -LRB103 27631 SPS 54007 b
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
14hand, head, face, neck, arm, leg below the knee or the chest
15above the axillary line, the employee is entitled to
16compensation for such disfigurement, the amount determined by
17agreement at any time or by arbitration under this Act, at a
18hearing not less than 6 months after the date of the accidental
19injury, which amount shall not exceed 150 weeks (if the
20accidental injury occurs on or after the effective date of
21this amendatory Act of the 94th General Assembly but before
22February 1, 2006) or 162 weeks (if the accidental injury
23occurs on or after February 1, 2006) at the applicable rate
24provided in subparagraph 2.1 of paragraph (b) of this Section.
25 No compensation is payable under this paragraph where
26compensation is payable under paragraphs (d), (e) or (f) of

HB2345- 14 -LRB103 27631 SPS 54007 b
1this Section.
2 A duly appointed member of a fire department in a city, the
3population of which exceeds 500,000 according to the last
4federal or State census, is eligible for compensation under
5this paragraph only where such serious and permanent
6disfigurement results from burns.
7 (d) 1. If, after the accidental injury has been sustained,
8the employee as a result thereof becomes partially
9incapacitated from pursuing his usual and customary line of
10employment, he shall, except in cases compensated under the
11specific schedule set forth in paragraph (e) of this Section,
12receive compensation for the duration of his disability,
13subject to the limitations as to maximum amounts fixed in
14paragraph (b) of this Section, equal to 66-2/3% of the
15difference between the average amount which he would be able
16to earn in the full performance of his duties in the occupation
17in which he was engaged at the time of the accident and the
18average amount which he is earning or is able to earn in some
19suitable employment or business after the accident. For
20accidental injuries that occur on or after September 1, 2011,
21an award for wage differential under this subsection shall be
22effective only until the employee reaches the age of 67 or 5
23years from the date the award becomes final, whichever is
24later.
25 2. If, as a result of the accident, the employee sustains
26serious and permanent injuries not covered by paragraphs (c)

HB2345- 15 -LRB103 27631 SPS 54007 b
1and (e) of this Section or having sustained injuries covered
2by the aforesaid paragraphs (c) and (e), he shall have
3sustained in addition thereto other injuries which injuries do
4not incapacitate him from pursuing the duties of his
5employment but which would disable him from pursuing other
6suitable occupations, or which have otherwise resulted in
7physical impairment; or if such injuries partially
8incapacitate him from pursuing the duties of his usual and
9customary line of employment but do not result in an
10impairment of earning capacity, or having resulted in an
11impairment of earning capacity, the employee elects to waive
12his right to recover under the foregoing subparagraph 1 of
13paragraph (d) of this Section then in any of the foregoing
14events, he shall receive in addition to compensation for
15temporary total disability under paragraph (b) of this
16Section, compensation at the rate provided in subparagraph 2.1
17of paragraph (b) of this Section for that percentage of 500
18weeks that the partial disability resulting from the injuries
19covered by this paragraph bears to total disability. If the
20employee shall have sustained a fracture of one or more
21vertebra or fracture of the skull, the amount of compensation
22allowed under this Section shall be not less than 6 weeks for a
23fractured skull and 6 weeks for each fractured vertebra, and
24in the event the employee shall have sustained a fracture of
25any of the following facial bones: nasal, lachrymal, vomer,
26zygoma, maxilla, palatine or mandible, the amount of

HB2345- 16 -LRB103 27631 SPS 54007 b
1compensation allowed under this Section shall be not less than
22 weeks for each such fractured bone, and for a fracture of
3each transverse process not less than 3 weeks. In the event
4such injuries shall result in the loss of a kidney, spleen or
5lung, the amount of compensation allowed under this Section
6shall be not less than 10 weeks for each such organ.
7Compensation awarded under this subparagraph 2 shall not take
8into consideration injuries covered under paragraphs (c) and
9(e) of this Section and the compensation provided in this
10paragraph shall not affect the employee's right to
11compensation payable under paragraphs (b), (c) and (e) of this
12Section for the disabilities therein covered.
13 (e) For accidental injuries in the following schedule, the
14employee shall receive compensation for the period of
15temporary total incapacity for work resulting from such
16accidental injury, under subparagraph 1 of paragraph (b) of
17this Section, and shall receive in addition thereto
18compensation for a further period for the specific loss herein
19mentioned, but shall not receive any compensation under any
20other provisions of this Act. The following listed amounts
21apply to either the loss of or the permanent and complete loss
22of use of the member specified, such compensation for the
23length of time as follows:
24 1. Thumb-
25 70 weeks if the accidental injury occurs on or
26 after the effective date of this amendatory Act of the

HB2345- 17 -LRB103 27631 SPS 54007 b
1 94th General Assembly but before February 1, 2006.
2 76 weeks if the accidental injury occurs on or
3 after February 1, 2006.
4 2. First, or index finger-
5 40 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 43 weeks if the accidental injury occurs on or
9 after February 1, 2006.
10 3. Second, or middle finger-
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 4. Third, or ring finger-
17 25 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 27 weeks if the accidental injury occurs on or
21 after February 1, 2006.
22 5. Fourth, or little finger-
23 20 weeks if the accidental injury occurs on or
24 after the effective date of this amendatory Act of the
25 94th General Assembly but before February 1, 2006.
26 22 weeks if the accidental injury occurs on or

HB2345- 18 -LRB103 27631 SPS 54007 b
1 after February 1, 2006.
2 6. Great toe-
3 35 weeks if the accidental injury occurs on or
4 after the effective date of this amendatory Act of the
5 94th General Assembly but before February 1, 2006.
6 38 weeks if the accidental injury occurs on or
7 after February 1, 2006.
8 7. Each toe other than great toe-
9 12 weeks if the accidental injury occurs on or
10 after the effective date of this amendatory Act of the
11 94th General Assembly but before February 1, 2006.
12 13 weeks if the accidental injury occurs on or
13 after February 1, 2006.
14 8. The loss of the first or distal phalanx of the thumb
15 or of any finger or toe shall be considered to be equal to
16 the loss of one-half of such thumb, finger or toe and the
17 compensation payable shall be one-half of the amount above
18 specified. The loss of more than one phalanx shall be
19 considered as the loss of the entire thumb, finger or toe.
20 In no case shall the amount received for more than one
21 finger exceed the amount provided in this schedule for the
22 loss of a hand.
23 9. Hand-
24 190 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.

HB2345- 19 -LRB103 27631 SPS 54007 b
1 205 weeks if the accidental injury occurs on or
2 after February 1, 2006.
3 190 weeks if the accidental injury occurs on or
4 after June 28, 2011 (the effective date of Public Act
5 97-18) and if the accidental injury involves carpal
6 tunnel syndrome due to repetitive or cumulative
7 trauma, in which case the permanent partial disability
8 shall not exceed 15% loss of use of the hand, except
9 for cause shown by clear and convincing evidence and
10 in which case the award shall not exceed 30% loss of
11 use of the hand.
12 The loss of 2 or more digits, or one or more phalanges
13 of 2 or more digits, of a hand may be compensated on the
14 basis of partial loss of use of a hand, provided, further,
15 that the loss of 4 digits, or the loss of use of 4 digits,
16 in the same hand shall constitute the complete loss of a
17 hand.
18 10. Arm-
19 235 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.
22 253 weeks if the accidental injury occurs on or
23 after February 1, 2006.
24 Where an accidental injury results in the amputation
25 of an arm below the elbow, such injury shall be
26 compensated as a loss of an arm. Where an accidental

HB2345- 20 -LRB103 27631 SPS 54007 b
1 injury results in the amputation of an arm above the
2 elbow, compensation for an additional 15 weeks (if the
3 accidental injury occurs on or after the effective date of
4 this amendatory Act of the 94th General Assembly but
5 before February 1, 2006) or an additional 17 weeks (if the
6 accidental injury occurs on or after February 1, 2006)
7 shall be paid, except where the accidental injury results
8 in the amputation of an arm at the shoulder joint, or so
9 close to shoulder joint that an artificial arm cannot be
10 used, or results in the disarticulation of an arm at the
11 shoulder joint, in which case compensation for an
12 additional 65 weeks (if the accidental injury occurs on or
13 after the effective date of this amendatory Act of the
14 94th General Assembly but before February 1, 2006) or an
15 additional 70 weeks (if the accidental injury occurs on or
16 after February 1, 2006) shall be paid.
17 11. Foot-
18 155 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.
21 167 weeks if the accidental injury occurs on or
22 after February 1, 2006.
23 12. Leg-
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.

HB2345- 21 -LRB103 27631 SPS 54007 b
1 215 weeks if the accidental injury occurs on or
2 after February 1, 2006.
3 Where an accidental injury results in the amputation
4 of a leg below the knee, such injury shall be compensated
5 as loss of a leg. Where an accidental injury results in the
6 amputation of a leg above the knee, compensation for an
7 additional 25 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) or an
10 additional 27 weeks (if the accidental injury occurs on or
11 after February 1, 2006) shall be paid, except where the
12 accidental injury results in the amputation of a leg at
13 the hip joint, or so close to the hip joint that an
14 artificial leg cannot be used, or results in the
15 disarticulation of a leg at the hip joint, in which case
16 compensation for an additional 75 weeks (if the accidental
17 injury occurs on or after the effective date of this
18 amendatory Act of the 94th General Assembly but before
19 February 1, 2006) or an additional 81 weeks (if the
20 accidental injury occurs on or after February 1, 2006)
21 shall be paid.
22 13. Eye-
23 150 weeks if the accidental injury occurs on or
24 after the effective date of this amendatory Act of the
25 94th General Assembly but before February 1, 2006.
26 162 weeks if the accidental injury occurs on or

HB2345- 22 -LRB103 27631 SPS 54007 b
1 after February 1, 2006.
2 Where an accidental injury results in the enucleation
3 of an eye, compensation for an additional 10 weeks (if the
4 accidental injury occurs on or after the effective date of
5 this amendatory Act of the 94th General Assembly but
6 before February 1, 2006) or an additional 11 weeks (if the
7 accidental injury occurs on or after February 1, 2006)
8 shall be paid.
9 14. Loss of hearing of one ear-
10 50 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 54 weeks if the accidental injury occurs on or
14 after February 1, 2006.
15 Total and permanent loss of hearing of both ears-
16 200 weeks if the accidental injury occurs on or
17 after the effective date of this amendatory Act of the
18 94th General Assembly but before February 1, 2006.
19 215 weeks if the accidental injury occurs on or
20 after February 1, 2006.
21 15. Testicle-
22 50 weeks if the accidental injury occurs on or
23 after the effective date of this amendatory Act of the
24 94th General Assembly but before February 1, 2006.
25 54 weeks if the accidental injury occurs on or
26 after February 1, 2006.

HB2345- 23 -LRB103 27631 SPS 54007 b
1 Both testicles-
2 150 weeks if the accidental injury occurs on or
3 after the effective date of this amendatory Act of the
4 94th General Assembly but before February 1, 2006.
5 162 weeks if the accidental injury occurs on or
6 after February 1, 2006.
7 16. For the permanent partial loss of use of a member
8 or sight of an eye, or hearing of an ear, compensation
9 during that proportion of the number of weeks in the
10 foregoing schedule provided for the loss of such member or
11 sight of an eye, or hearing of an ear, which the partial
12 loss of use thereof bears to the total loss of use of such
13 member, or sight of eye, or hearing of an ear.
14 (a) Loss of hearing for compensation purposes
15 shall be confined to the frequencies of 1,000, 2,000
16 and 3,000 cycles per second. Loss of hearing ability
17 for frequency tones above 3,000 cycles per second are
18 not to be considered as constituting disability for
19 hearing.
20 (b) The percent of hearing loss, for purposes of
21 the determination of compensation claims for
22 occupational deafness, shall be calculated as the
23 average in decibels for the thresholds of hearing for
24 the frequencies of 1,000, 2,000 and 3,000 cycles per
25 second. Pure tone air conduction audiometric
26 instruments, approved by nationally recognized

HB2345- 24 -LRB103 27631 SPS 54007 b
1 authorities in this field, shall be used for measuring
2 hearing loss. If the losses of hearing average 30
3 decibels or less in the 3 frequencies, such losses of
4 hearing shall not then constitute any compensable
5 hearing disability. If the losses of hearing average
6 85 decibels or more in the 3 frequencies, then the same
7 shall constitute and be total or 100% compensable
8 hearing loss.
9 (c) In measuring hearing impairment, the lowest
10 measured losses in each of the 3 frequencies shall be
11 added together and divided by 3 to determine the
12 average decibel loss. For every decibel of loss
13 exceeding 30 decibels an allowance of 1.82% shall be
14 made up to the maximum of 100% which is reached at 85
15 decibels.
16 (d) If a hearing loss is established to have
17 existed on July 1, 1975 by audiometric testing the
18 employer shall not be liable for the previous loss so
19 established nor shall he be liable for any loss for
20 which compensation has been paid or awarded.
21 (e) No consideration shall be given to the
22 question of whether or not the ability of an employee
23 to understand speech is improved by the use of a
24 hearing aid.
25 (f) No claim for loss of hearing due to industrial
26 noise shall be brought against an employer or allowed

HB2345- 25 -LRB103 27631 SPS 54007 b
1 unless the employee has been exposed for a period of
2 time sufficient to cause permanent impairment to noise
3 levels in excess of the following:
4Sound Level DBA
5Slow ResponseHours Per Day
6908
7926
8954
9973
101002
111021-1/2
121051
131101/2
141151/4
15 This subparagraph (f) shall not be applied in cases of
16 hearing loss resulting from trauma or explosion.
17 17. In computing the compensation to be paid to any
18 employee who, before the accident for which he claims
19 compensation, had before that time sustained an injury
20 resulting in the loss by amputation or partial loss by
21 amputation of any member, including hand, arm, thumb or
22 fingers, leg, foot, or any toes or the loss described in
23 subparagraph 2 of paragraph (d) due to accidental injuries
24 to the same part of the spine, such loss or partial loss of
25 any such member or the loss described in subparagraph 2 of
26 paragraph (d) due to accidental injuries to the same part

HB2345- 26 -LRB103 27631 SPS 54007 b
1 of the spine shall be deducted from any award made for the
2 subsequent injury. For the permanent loss of use or the
3 permanent partial loss of use of any such member or the
4 partial loss of sight of an eye or the loss described in
5 subparagraph 2 of paragraph (d) due to accidental injuries
6 to the same part of the spine, for which compensation has
7 been paid, then such loss shall be taken into
8 consideration and deducted from any award for the
9 subsequent injury. As used in this subparagraph, "same
10 part of the spine" means the cervical and thoracic spine
11 from vertebra C1 through T12 and the lumbar and sacral
12 spine and coccyx from vertebra L1 through S5.
13 18. The specific case of loss of both hands, both
14 arms, or both feet, or both legs, or both eyes, or of any
15 two thereof, or the permanent and complete loss of the use
16 thereof, constitutes total and permanent disability, to be
17 compensated according to the compensation fixed by
18 paragraph (f) of this Section. These specific cases of
19 total and permanent disability do not exclude other cases.
20 Any employee who has previously suffered the loss or
21 permanent and complete loss of the use of any of such
22 members, and in a subsequent independent accident loses
23 another or suffers the permanent and complete loss of the
24 use of any one of such members the employer for whom the
25 injured employee is working at the time of the last
26 independent accident is liable to pay compensation only

HB2345- 27 -LRB103 27631 SPS 54007 b
1 for the loss or permanent and complete loss of the use of
2 the member occasioned by the last independent accident.
3 19. In a case of specific loss and the subsequent
4 death of such injured employee from other causes than such
5 injury leaving a widow, widower, or dependents surviving
6 before payment or payment in full for such injury, then
7 the amount due for such injury is payable to the widow or
8 widower and, if there be no widow or widower, then to such
9 dependents, in the proportion which such dependency bears
10 to total dependency.
11 Beginning July 1, 1980, and every 6 months thereafter, the
12Commission shall examine the Second Injury Fund and when,
13after deducting all advances or loans made to such Fund, the
14amount therein is $500,000 then the amount required to be paid
15by employers pursuant to paragraph (f) of Section 7 shall be
16reduced by one-half. When the Second Injury Fund reaches the
17sum of $600,000 then the payments shall cease entirely.
18However, when the Second Injury Fund has been reduced to
19$400,000, payment of one-half of the amounts required by
20paragraph (f) of Section 7 shall be resumed, in the manner
21herein provided, and when the Second Injury Fund has been
22reduced to $300,000, payment of the full amounts required by
23paragraph (f) of Section 7 shall be resumed, in the manner
24herein provided. The Commission shall make the changes in
25payment effective by general order, and the changes in payment
26become immediately effective for all cases coming before the

HB2345- 28 -LRB103 27631 SPS 54007 b
1Commission thereafter either by settlement agreement or final
2order, irrespective of the date of the accidental injury.
3 On August 1, 1996 and on February 1 and August 1 of each
4subsequent year, the Commission shall examine the special fund
5designated as the "Rate Adjustment Fund" and when, after
6deducting all advances or loans made to said fund, the amount
7therein is $4,000,000, the amount required to be paid by
8employers pursuant to paragraph (f) of Section 7 shall be
9reduced by one-half. When the Rate Adjustment Fund reaches the
10sum of $5,000,000 the payment therein shall cease entirely.
11However, when said Rate Adjustment Fund has been reduced to
12$3,000,000 the amounts required by paragraph (f) of Section 7
13shall be resumed in the manner herein provided.
14 (f) In case of complete disability, which renders the
15employee wholly and permanently incapable of work, or in the
16specific case of total and permanent disability as provided in
17subparagraph 18 of paragraph (e) of this Section, compensation
18shall be payable at the rate provided in subparagraph 2 of
19paragraph (b) of this Section for life.
20 An employee entitled to benefits under paragraph (f) of
21this Section shall also be entitled to receive from the Rate
22Adjustment Fund provided in paragraph (f) of Section 7 of the
23supplementary benefits provided in paragraph (g) of this
24Section 8.
25 If any employee who receives an award under this paragraph
26afterwards returns to work or is able to do so, and earns or is

HB2345- 29 -LRB103 27631 SPS 54007 b
1able to earn as much as before the accident, payments under
2such award shall cease. If such employee returns to work, or is
3able to do so, and earns or is able to earn part but not as
4much as before the accident, such award shall be modified so as
5to conform to an award under paragraph (d) of this Section. If
6such award is terminated or reduced under the provisions of
7this paragraph, such employees have the right at any time
8within 30 months after the date of such termination or
9reduction to file petition with the Commission for the purpose
10of determining whether any disability exists as a result of
11the original accidental injury and the extent thereof.
12 Disability as enumerated in subdivision 18, paragraph (e)
13of this Section is considered complete disability.
14 If an employee who had previously incurred loss or the
15permanent and complete loss of use of one member, through the
16loss or the permanent and complete loss of the use of one hand,
17one arm, one foot, one leg, or one eye, incurs permanent and
18complete disability through the loss or the permanent and
19complete loss of the use of another member, he shall receive,
20in addition to the compensation payable by the employer and
21after such payments have ceased, an amount from the Second
22Injury Fund provided for in paragraph (f) of Section 7, which,
23together with the compensation payable from the employer in
24whose employ he was when the last accidental injury was
25incurred, will equal the amount payable for permanent and
26complete disability as provided in this paragraph of this

HB2345- 30 -LRB103 27631 SPS 54007 b
1Section.
2 The custodian of the Second Injury Fund provided for in
3paragraph (f) of Section 7 shall be joined with the employer as
4a party respondent in the application for adjustment of claim.
5The application for adjustment of claim shall state briefly
6and in general terms the approximate time and place and manner
7of the loss of the first member.
8 In its award the Commission or the Arbitrator shall
9specifically find the amount the injured employee shall be
10weekly paid, the number of weeks compensation which shall be
11paid by the employer, the date upon which payments begin out of
12the Second Injury Fund provided for in paragraph (f) of
13Section 7 of this Act, the length of time the weekly payments
14continue, the date upon which the pension payments commence
15and the monthly amount of the payments. The Commission shall
1630 days after the date upon which payments out of the Second
17Injury Fund have begun as provided in the award, and every
18month thereafter, prepare and submit to the State Comptroller
19a voucher for payment for all compensation accrued to that
20date at the rate fixed by the Commission. The State
21Comptroller shall draw a warrant to the injured employee along
22with a receipt to be executed by the injured employee and
23returned to the Commission. The endorsed warrant and receipt
24is a full and complete acquittance to the Commission for the
25payment out of the Second Injury Fund. No other appropriation
26or warrant is necessary for payment out of the Second Injury

HB2345- 31 -LRB103 27631 SPS 54007 b
1Fund. The Second Injury Fund is appropriated for the purpose
2of making payments according to the terms of the awards.
3 As of July 1, 1980 to July 1, 1982, all claims against and
4obligations of the Second Injury Fund shall become claims
5against and obligations of the Rate Adjustment Fund to the
6extent there is insufficient money in the Second Injury Fund
7to pay such claims and obligations. In that case, all
8references to "Second Injury Fund" in this Section shall also
9include the Rate Adjustment Fund.
10 (g) Every award for permanent total disability entered by
11the Commission on and after July 1, 1965 under which
12compensation payments shall become due and payable after the
13effective date of this amendatory Act, and every award for
14death benefits or permanent total disability entered by the
15Commission on and after the effective date of this amendatory
16Act shall be subject to annual adjustments as to the amount of
17the compensation rate therein provided. Such adjustments shall
18first be made on July 15, 1977, and all awards made and entered
19prior to July 1, 1975 and on July 15 of each year thereafter.
20In all other cases such adjustment shall be made on July 15 of
21the second year next following the date of the entry of the
22award and shall further be made on July 15 annually
23thereafter. If during the intervening period from the date of
24the entry of the award, or the last periodic adjustment, there
25shall have been an increase in the State's average weekly wage
26in covered industries under the Unemployment Insurance Act,

HB2345- 32 -LRB103 27631 SPS 54007 b
1the weekly compensation rate shall be proportionately
2increased by the same percentage as the percentage of increase
3in the State's average weekly wage in covered industries under
4the Unemployment Insurance Act. The increase in the
5compensation rate under this paragraph shall in no event bring
6the total compensation rate to an amount greater than the
7prevailing maximum rate at the time that the annual adjustment
8is made. Such increase shall be paid in the same manner as
9herein provided for payments under the Second Injury Fund to
10the injured employee, or his dependents, as the case may be,
11out of the Rate Adjustment Fund provided in paragraph (f) of
12Section 7 of this Act. Payments shall be made at the same
13intervals as provided in the award or, at the option of the
14Commission, may be made in quarterly payment on the 15th day of
15January, April, July and October of each year. In the event of
16a decrease in such average weekly wage there shall be no change
17in the then existing compensation rate. The within paragraph
18shall not apply to cases where there is disputed liability and
19in which a compromise lump sum settlement between the employer
20and the injured employee, or his dependents, as the case may
21be, has been duly approved by the Illinois Workers'
22Compensation Commission.
23 Provided, that in cases of awards entered by the
24Commission for injuries occurring before July 1, 1975, the
25increases in the compensation rate adjusted under the
26foregoing provision of this paragraph (g) shall be limited to

HB2345- 33 -LRB103 27631 SPS 54007 b
1increases in the State's average weekly wage in covered
2industries under the Unemployment Insurance Act occurring
3after July 1, 1975.
4 For every accident occurring on or after July 20, 2005 but
5before the effective date of this amendatory Act of the 94th
6General Assembly (Senate Bill 1283 of the 94th General
7Assembly), the annual adjustments to the compensation rate in
8awards for death benefits or permanent total disability, as
9provided in this Act, shall be paid by the employer. The
10adjustment shall be made by the employer on July 15 of the
11second year next following the date of the entry of the award
12and shall further be made on July 15 annually thereafter. If
13during the intervening period from the date of the entry of the
14award, or the last periodic adjustment, there shall have been
15an increase in the State's average weekly wage in covered
16industries under the Unemployment Insurance Act, the employer
17shall increase the weekly compensation rate proportionately by
18the same percentage as the percentage of increase in the
19State's average weekly wage in covered industries under the
20Unemployment Insurance Act. The increase in the compensation
21rate under this paragraph shall in no event bring the total
22compensation rate to an amount greater than the prevailing
23maximum rate at the time that the annual adjustment is made. In
24the event of a decrease in such average weekly wage there shall
25be no change in the then existing compensation rate. Such
26increase shall be paid by the employer in the same manner and

HB2345- 34 -LRB103 27631 SPS 54007 b
1at the same intervals as the payment of compensation in the
2award. This paragraph shall not apply to cases where there is
3disputed liability and in which a compromise lump sum
4settlement between the employer and the injured employee, or
5his or her dependents, as the case may be, has been duly
6approved by the Illinois Workers' Compensation Commission.
7 The annual adjustments for every award of death benefits
8or permanent total disability involving accidents occurring
9before July 20, 2005 and accidents occurring on or after the
10effective date of this amendatory Act of the 94th General
11Assembly (Senate Bill 1283 of the 94th General Assembly) shall
12continue to be paid from the Rate Adjustment Fund pursuant to
13this paragraph and Section 7(f) of this Act.
14 (h) In case death occurs from any cause before the total
15compensation to which the employee would have been entitled
16has been paid, then in case the employee leaves any widow,
17widower, child, parent (or any grandchild, grandparent or
18other lineal heir or any collateral heir dependent at the time
19of the accident upon the earnings of the employee to the extent
20of 50% or more of total dependency) such compensation shall be
21paid to the beneficiaries of the deceased employee and
22distributed as provided in paragraph (g) of Section 7.
23 (h-1) In case an injured employee is under legal
24disability at the time when any right or privilege accrues to
25him or her under this Act, a guardian may be appointed pursuant
26to law, and may, on behalf of such person under legal

HB2345- 35 -LRB103 27631 SPS 54007 b
1disability, claim and exercise any such right or privilege
2with the same effect as if the employee himself or herself had
3claimed or exercised the right or privilege. No limitations of
4time provided by this Act run so long as the employee who is
5under legal disability is without a conservator or guardian.
6 (i) In case the injured employee is under 16 years of age
7at the time of the accident and is illegally employed, the
8amount of compensation payable under paragraphs (b), (c), (d),
9(e) and (f) of this Section is increased 50%.
10 However, where an employer has on file an employment
11certificate issued pursuant to the Child Labor Law or work
12permit issued pursuant to the Federal Fair Labor Standards
13Act, as amended, or a birth certificate properly and duly
14issued, such certificate, permit or birth certificate is
15conclusive evidence as to the age of the injured minor
16employee for the purposes of this Section.
17 Nothing herein contained repeals or amends the provisions
18of the Child Labor Law relating to the employment of minors
19under the age of 16 years.
20 (j) 1. In the event the injured employee receives
21benefits, including medical, surgical or hospital benefits
22under any group plan covering non-occupational disabilities
23contributed to wholly or partially by the employer, which
24benefits should not have been payable if any rights of
25recovery existed under this Act, then such amounts so paid to
26the employee from any such group plan as shall be consistent

HB2345- 36 -LRB103 27631 SPS 54007 b
1with, and limited to, the provisions of paragraph 2 hereof,
2shall be credited to or against any compensation payment for
3temporary total incapacity for work or any medical, surgical
4or hospital benefits made or to be made under this Act. In such
5event, the period of time for giving notice of accidental
6injury and filing application for adjustment of claim does not
7commence to run until the termination of such payments. This
8paragraph does not apply to payments made under any group plan
9which would have been payable irrespective of an accidental
10injury under this Act. Any employer receiving such credit
11shall keep such employee safe and harmless from any and all
12claims or liabilities that may be made against him by reason of
13having received such payments only to the extent of such
14credit.
15 Any excess benefits paid to or on behalf of a State
16employee by the State Employees' Retirement System under
17Article 14 of the Illinois Pension Code on a death claim or
18disputed disability claim shall be credited against any
19payments made or to be made by the State of Illinois to or on
20behalf of such employee under this Act, except for payments
21for medical expenses which have already been incurred at the
22time of the award. The State of Illinois shall directly
23reimburse the State Employees' Retirement System to the extent
24of such credit.
25 2. Nothing contained in this Act shall be construed to
26give the employer or the insurance carrier the right to credit

HB2345- 37 -LRB103 27631 SPS 54007 b
1for any benefits or payments received by the employee other
2than compensation payments provided by this Act, and where the
3employee receives payments other than compensation payments,
4whether as full or partial salary, group insurance benefits,
5bonuses, annuities or any other payments, the employer or
6insurance carrier shall receive credit for each such payment
7only to the extent of the compensation that would have been
8payable during the period covered by such payment.
9 3. The extension of time for the filing of an Application
10for Adjustment of Claim as provided in paragraph 1 above shall
11not apply to those cases where the time for such filing had
12expired prior to the date on which payments or benefits
13enumerated herein have been initiated or resumed. Provided
14however that this paragraph 3 shall apply only to cases
15wherein the payments or benefits hereinabove enumerated shall
16be received after July 1, 1969.
17(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;
1897-813, eff. 7-13-12.)
19 Section 99. Effective date. This Act takes effect upon
20becoming law.
feedback