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

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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

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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
HB2345 LRB103 27631 SPS 54007 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Workers' Compensation Act is amended by
changing Section 8 as follows:
(820 ILCS 305/8) (from Ch. 48, par. 138.8)
Sec. 8. The amount of compensation which shall be paid to
the employee for an accidental injury not resulting in death
is:
(a) The employer shall provide and pay the negotiated
rate, if applicable, or the lesser of the health care
provider's actual charges or according to a fee schedule,
subject to Section 8.2, in effect at the time the service was
rendered for all the necessary first aid, medical and surgical
services, and all necessary medical, surgical and hospital
services thereafter incurred, limited, however, to that which
is reasonably required to cure or relieve from the effects of
the accidental injury, even if a health care provider sells,
transfers, or otherwise assigns an account receivable for
procedures, treatments, or services covered under this Act. If
the employer does not dispute payment of first aid, medical,
surgical, and hospital services, the employer shall make such
payment to the provider on behalf of the employee. The

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employer shall also pay for treatment, instruction and
training necessary for the physical, mental and vocational
rehabilitation of the employee, including all maintenance
costs and expenses incidental thereto. If as a result of the
injury the employee is unable to be self-sufficient the
employer shall further pay for such maintenance or
institutional care as shall be required.
The employee may at any time elect to secure his own
physician, surgeon and hospital services at the employer's
expense, or,
Upon agreement between the employer and the employees, or
the employees' exclusive representative, and subject to the
approval of the Illinois Workers' Compensation Commission, the
employer shall maintain a list of physicians, to be known as a
Panel of Physicians, who are accessible to the employees. The
employer shall post this list in a place or places easily
accessible to his employees. The employee shall have the right
to make an alternative choice of physician from such Panel if
he is not satisfied with the physician first selected. If, due
to the nature of the injury or its occurrence away from the
employer's place of business, the employee is unable to make a
selection from the Panel, the selection process from the Panel
shall not apply. The physician selected from the Panel may
arrange for any consultation, referral or other specialized
medical services outside the Panel at the employer's expense.
Provided that, in the event the Commission shall find that a

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

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then the employee shall be entitled to temporary partial
disability benefits. Temporary partial disability benefits
shall be equal to two-thirds of the difference between the
average amount that the employee would be able to earn in the
full performance of his or her duties in the occupation in
which he or she was engaged at the time of accident and the
gross amount which he or she is earning in the modified job
provided to the employee by the employer or in any other job
that the employee is working.
Every hospital, physician, surgeon or other person
rendering treatment or services in accordance with the
provisions of this Section shall upon written request furnish
full and complete reports thereof to, and permit their records
to be copied by, the employer, the employee or his dependents,
as the case may be, or any other party to any proceeding for
compensation before the Commission, or their attorneys.
Notwithstanding the foregoing, the employer's liability to
pay for such medical services selected by the employee shall
be limited to:
(1) all first aid and emergency treatment; plus
(2) all medical, surgical and hospital services
provided by the physician, surgeon or hospital initially
chosen by the employee or by any other physician,
consultant, expert, institution or other provider of
services recommended by said initial service provider or
any subsequent provider of medical services in the chain

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of referrals from said initial service provider; plus
(3) all medical, surgical and hospital services
provided by any second physician, surgeon or hospital
subsequently chosen by the employee or by any other
physician, consultant, expert, institution or other
provider of services recommended by said second service
provider or any subsequent provider of medical services in
the chain of referrals from said second service provider.
Thereafter the employer shall select and pay for all
necessary medical, surgical and hospital treatment and the
employee may not select a provider of medical services at
the employer's expense unless the employer agrees to such
selection. At any time the employee may obtain any medical
treatment he desires at his own expense. This paragraph
shall not affect the duty to pay for rehabilitation
referred to above.
(4) The following shall apply for injuries occurring
on or after June 28, 2011 (the effective date of Public Act
97-18) and only when an employer has an approved preferred
provider program pursuant to Section 8.1a on the date the
employee sustained his or her accidental injuries:
(A) The employer shall, in writing, on a form
promulgated by the Commission, inform the employee of
the preferred provider program;
(B) Subsequent to the report of an injury by an
employee, the employee may choose in writing at any

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time to decline the preferred provider program, in
which case that would constitute one of the two
choices of medical providers to which the employee is
entitled under subsection (a)(2) or (a)(3); and
(C) Prior to the report of an injury by an
employee, when an employee chooses non-emergency
treatment from a provider not within the preferred
provider program, that would constitute the employee's
one choice of medical providers to which the employee
is entitled under subsection (a)(2) or (a)(3).
When an employer and employee so agree in writing, nothing
in this Act prevents an employee whose injury or disability
has been established under this Act, from relying in good
faith, on treatment by prayer or spiritual means alone, in
accordance with the tenets and practice of a recognized church
or religious denomination, by a duly accredited practitioner
thereof, and having nursing services appropriate therewith,
without suffering loss or diminution of the compensation
benefits under this Act. However, the employee shall submit to
all physical examinations required by this Act. The cost of
such treatment and nursing care shall be paid by the employee
unless the employer agrees to make such payment.
Where the accidental injury results in the amputation of
an arm, hand, leg or foot, or the enucleation of an eye, or the
loss of any of the natural teeth, the employer shall furnish an
artificial of any such members lost or damaged in accidental

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injury arising out of and in the course of employment, and
shall also furnish the necessary braces in all proper and
necessary cases. In cases of the loss of a member or members by
amputation, the employer shall, whenever necessary, maintain
in good repair, refit or replace the artificial limbs during
the lifetime of the employee. Where the accidental injury
accompanied by physical injury results in damage to a denture,
eye glasses or contact eye lenses, or where the accidental
injury results in damage to an artificial member, the employer
shall replace or repair such denture, glasses, lenses, or
artificial member.
The furnishing by the employer of any such services or
appliances is not an admission of liability on the part of the
employer to pay compensation.
The furnishing of any such services or appliances or the
servicing thereof by the employer is not the payment of
compensation.
(b) If the period of temporary total incapacity for work
lasts more than 3 working days, weekly compensation as
hereinafter provided shall be paid beginning on the 4th day of
such temporary total incapacity and continuing as long as the
total temporary incapacity lasts. In cases where the temporary
total incapacity for work continues for a period of 14 days or
more from the day of the accident compensation shall commence
on the day after the accident.
1. The compensation rate for temporary total

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incapacity under this paragraph (b) of this Section shall
be equal to 66 2/3% of the employee's average weekly wage
computed in accordance with Section 10, provided that it
shall be not less than 66 2/3% of the sum of the Federal
minimum wage under the Fair Labor Standards Act, or the
Illinois minimum wage under the Minimum Wage Law,
whichever is more, multiplied by 40 hours. This percentage
rate shall be increased by 10% for each spouse and child,
not to exceed 100% of the total minimum wage calculation,
nor exceed the employee's average weekly wage computed in
accordance with the provisions of Section 10, whichever is
less.
2. The compensation rate in all cases other than for
temporary total disability under this paragraph (b), and
other than for serious and permanent disfigurement under
paragraph (c) and other than for permanent partial
disability under subparagraph (2) of paragraph (d) or
under paragraph (e), of this Section shall be equal to 66
2/3% of the employee's average weekly wage computed in
accordance with the provisions of Section 10, provided
that it shall be not less than 66 2/3% of the sum of the
Federal minimum wage under the Fair Labor Standards Act,
or the Illinois minimum wage under the Minimum Wage Law,
whichever is more, multiplied by 40 hours. This percentage
rate shall be increased by 10% for each spouse and child,
not to exceed 100% of the total minimum wage calculation,

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nor exceed the employee's average weekly wage computed in
accordance with the provisions of Section 10, whichever is
less.
2.1. The compensation rate in all cases of serious and
permanent disfigurement under paragraph (c) and of
permanent partial disability under subparagraph (2) of
paragraph (d) or under paragraph (e) of this Section shall
be equal to 60% of the employee's average weekly wage
computed in accordance with the provisions of Section 10,
provided that it shall be not less than 66 2/3% of the sum
of the Federal minimum wage under the Fair Labor Standards
Act, or the Illinois minimum wage under the Minimum Wage
Law, whichever is more, multiplied by 40 hours. This
percentage rate shall be increased by 10% for each spouse
and child, not to exceed 100% of the total minimum wage
calculation, nor exceed the employee's average weekly wage
computed in accordance with the provisions of Section 10,
whichever is less.
3. As used in this Section the term "child" means a
child of the employee including any child legally adopted
before the accident or whom at the time of the accident the
employee was under legal obligation to support or to whom
the employee stood in loco parentis, and who at the time of
the accident was under 18 years of age and not
emancipated. The term "children" means the plural of
"child".

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4. All weekly compensation rates provided under
subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
Section shall be subject to the following limitations:
The maximum weekly compensation rate from July 1,
1975, except as hereinafter provided, shall be 100% of the
State's average weekly wage in covered industries under
the Unemployment Insurance Act, that being the wage that
most closely approximates the State's average weekly wage.
The maximum weekly compensation rate, for the period
July 1, 1984, through June 30, 1987, except as hereinafter
provided, shall be $293.61. Effective July 1, 1987 and on
July 1 of each year thereafter the maximum weekly
compensation rate, except as hereinafter provided, shall
be determined as follows: if during the preceding 12 month
period there shall have been an increase in the State's
average weekly wage in covered industries under the
Unemployment Insurance Act, the weekly compensation rate
shall be proportionately increased by the same percentage
as the percentage of increase in the State's average
weekly wage in covered industries under the Unemployment
Insurance Act during such period.
The maximum weekly compensation rate, for the period
January 1, 1981 through December 31, 1983, except as
hereinafter provided, shall be 100% of the State's average
weekly wage in covered industries under the Unemployment
Insurance Act in effect on January 1, 1981. Effective

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January 1, 1984 and on January 1, of each year thereafter
the maximum weekly compensation rate, except as
hereinafter provided, shall be determined as follows: if
during the preceding 12 month period there shall have been
an increase in the State's average weekly wage in covered
industries under the Unemployment Insurance Act, the
weekly compensation rate shall be proportionately
increased by the same percentage as the percentage of
increase in the State's average weekly wage in covered
industries under the Unemployment Insurance Act during
such period.
From July 1, 1977 and thereafter such maximum weekly
compensation rate in death cases under Section 7, and
permanent total disability cases under paragraph (f) or
subparagraph 18 of paragraph (3) of this Section and for
temporary total disability under paragraph (b) of this
Section and for amputation of a member or enucleation of
an eye under paragraph (e) of this Section shall be
increased to 133-1/3% of the State's average weekly wage
in covered industries under the Unemployment Insurance
Act.
For injuries occurring on or after February 1, 2006,
the maximum weekly benefit under paragraph (d)1 of this
Section shall be 100% of the State's average weekly wage
in covered industries under the Unemployment Insurance
Act.

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4.1. Any provision herein to the contrary
notwithstanding, the weekly compensation rate for
compensation payments under subparagraph 18 of paragraph
(e) of this Section and under paragraph (f) of this
Section and under paragraph (a) of Section 7 and for
amputation of a member or enucleation of an eye under
paragraph (e) of this Section, shall in no event be less
than 50% of the State's average weekly wage in covered
industries under the Unemployment Insurance Act.
4.2. Any provision to the contrary notwithstanding,
the total compensation payable under Section 7 shall not
exceed the greater of $500,000 or 25 years.
5. For the purpose of this Section this State's
average weekly wage in covered industries under the
Unemployment Insurance Act on July 1, 1975 is hereby fixed
at $228.16 per week and the computation of compensation
rates shall be based on the aforesaid average weekly wage
until modified as hereinafter provided.
6. The Department of Employment Security of the State
shall on or before the first day of December, 1977, and on
or before the first day of June, 1978, and on the first day
of each December and June of each year thereafter, publish
the State's average weekly wage in covered industries
under the Unemployment Insurance Act and the Illinois
Workers' Compensation Commission shall on the 15th day of
January, 1978 and on the 15th day of July, 1978 and on the

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15th day of each January and July of each year thereafter,
post and publish the State's average weekly wage in
covered industries under the Unemployment Insurance Act as
last determined and published by the Department of
Employment Security. The amount when so posted and
published shall be conclusive and shall be applicable as
the basis of computation of compensation rates until the
next posting and publication as aforesaid.
7. The payment of compensation by an employer or his
insurance carrier to an injured employee shall not
constitute an admission of the employer's liability to pay
compensation.
(c) For any serious and permanent disfigurement to the
hand, head, face, neck, arm, leg below the knee or the chest
above the axillary line, the employee is entitled to
compensation for such disfigurement, the amount determined by
agreement at any time or by arbitration under this Act, at a
hearing not less than 6 months after the date of the accidental
injury, which amount shall not exceed 150 weeks (if the
accidental injury occurs on or after the effective date of
this amendatory Act of the 94th General Assembly but before
February 1, 2006) or 162 weeks (if the accidental injury
occurs on or after February 1, 2006) at the applicable rate
provided in subparagraph 2.1 of paragraph (b) of this Section.
No compensation is payable under this paragraph where
compensation is payable under paragraphs (d), (e) or (f) of

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

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and (e) of this Section or having sustained injuries covered
by the aforesaid paragraphs (c) and (e), he shall have
sustained in addition thereto other injuries which injuries do
not incapacitate him from pursuing the duties of his
employment but which would disable him from pursuing other
suitable occupations, or which have otherwise resulted in
physical impairment; or if such injuries partially
incapacitate him from pursuing the duties of his usual and
customary line of employment but do not result in an
impairment of earning capacity, or having resulted in an
impairment of earning capacity, the employee elects to waive
his right to recover under the foregoing subparagraph 1 of
paragraph (d) of this Section then in any of the foregoing
events, he shall receive in addition to compensation for
temporary total disability under paragraph (b) of this
Section, compensation at the rate provided in subparagraph 2.1
of paragraph (b) of this Section for that percentage of 500
weeks that the partial disability resulting from the injuries
covered by this paragraph bears to total disability. If the
employee shall have sustained a fracture of one or more
vertebra or fracture of the skull, the amount of compensation
allowed under this Section shall be not less than 6 weeks for a
fractured skull and 6 weeks for each fractured vertebra, and
in the event the employee shall have sustained a fracture of
any of the following facial bones: nasal, lachrymal, vomer,
zygoma, maxilla, palatine or mandible, the amount of

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

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94th General Assembly but before February 1, 2006.
76 weeks if the accidental injury occurs on or
after February 1, 2006.
2. First, or index finger-
40 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
43 weeks if the accidental injury occurs on or
after February 1, 2006.
3. Second, or middle finger-
35 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
38 weeks if the accidental injury occurs on or
after February 1, 2006.
4. Third, or ring finger-
25 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
27 weeks if the accidental injury occurs on or
after February 1, 2006.
5. Fourth, or little finger-
20 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
22 weeks if the accidental injury occurs on or

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after February 1, 2006.
6. Great toe-
35 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
38 weeks if the accidental injury occurs on or
after February 1, 2006.
7. Each toe other than great toe-
12 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
13 weeks if the accidental injury occurs on or
after February 1, 2006.
8. The loss of the first or distal phalanx of the thumb
or of any finger or toe shall be considered to be equal to
the loss of one-half of such thumb, finger or toe and the
compensation payable shall be one-half of the amount above
specified. The loss of more than one phalanx shall be
considered as the loss of the entire thumb, finger or toe.
In no case shall the amount received for more than one
finger exceed the amount provided in this schedule for the
loss of a hand.
9. Hand-
190 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.

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205 weeks if the accidental injury occurs on or
after February 1, 2006.
190 weeks if the accidental injury occurs on or
after June 28, 2011 (the effective date of Public Act
97-18) and if the accidental injury involves carpal
tunnel syndrome due to repetitive or cumulative
trauma, in which case the permanent partial disability
shall not exceed 15% loss of use of the hand, except
for cause shown by clear and convincing evidence and
in which case the award shall not exceed 30% loss of
use of the hand.
The loss of 2 or more digits, or one or more phalanges
of 2 or more digits, of a hand may be compensated on the
basis of partial loss of use of a hand, provided, further,
that the loss of 4 digits, or the loss of use of 4 digits,
in the same hand shall constitute the complete loss of a
hand.
10. Arm-
235 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
253 weeks if the accidental injury occurs on or
after February 1, 2006.
Where an accidental injury results in the amputation
of an arm below the elbow, such injury shall be
compensated as a loss of an arm. Where an accidental

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injury results in the amputation of an arm above the
elbow, compensation for an additional 15 weeks (if the
accidental injury occurs on or after the effective date of
this amendatory Act of the 94th General Assembly but
before February 1, 2006) or an additional 17 weeks (if the
accidental injury occurs on or after February 1, 2006)
shall be paid, except where the accidental injury results
in the amputation of an arm at the shoulder joint, or so
close to shoulder joint that an artificial arm cannot be
used, or results in the disarticulation of an arm at the
shoulder joint, in which case compensation for an
additional 65 weeks (if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006) or an
additional 70 weeks (if the accidental injury occurs on or
after February 1, 2006) shall be paid.
11. Foot-
155 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
167 weeks if the accidental injury occurs on or
after February 1, 2006.
12. Leg-
200 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.

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215 weeks if the accidental injury occurs on or
after February 1, 2006.
Where an accidental injury results in the amputation
of a leg below the knee, such injury shall be compensated
as loss of a leg. Where an accidental injury results in the
amputation of a leg above the knee, compensation for an
additional 25 weeks (if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006) or an
additional 27 weeks (if the accidental injury occurs on or
after February 1, 2006) shall be paid, except where the
accidental injury results in the amputation of a leg at
the hip joint, or so close to the hip joint that an
artificial leg cannot be used, or results in the
disarticulation of a leg at the hip joint, in which case
compensation for an additional 75 weeks (if the accidental
injury occurs on or after the effective date of this
amendatory Act of the 94th General Assembly but before
February 1, 2006) or an additional 81 weeks (if the
accidental injury occurs on or after February 1, 2006)
shall be paid.
13. Eye-
150 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
162 weeks if the accidental injury occurs on or

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after February 1, 2006.
Where an accidental injury results in the enucleation
of an eye, compensation for an additional 10 weeks (if the
accidental injury occurs on or after the effective date of
this amendatory Act of the 94th General Assembly but
before February 1, 2006) or an additional 11 weeks (if the
accidental injury occurs on or after February 1, 2006)
shall be paid.
14. Loss of hearing of one ear-
50 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
54 weeks if the accidental injury occurs on or
after February 1, 2006.
Total and permanent loss of hearing of both ears-
200 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
215 weeks if the accidental injury occurs on or
after February 1, 2006.
15. Testicle-
50 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
54 weeks if the accidental injury occurs on or
after February 1, 2006.

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Both testicles-
150 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
162 weeks if the accidental injury occurs on or
after February 1, 2006.
16. For the permanent partial loss of use of a member
or sight of an eye, or hearing of an ear, compensation
during that proportion of the number of weeks in the
foregoing schedule provided for the loss of such member or
sight of an eye, or hearing of an ear, which the partial
loss of use thereof bears to the total loss of use of such
member, or sight of eye, or hearing of an ear.
(a) Loss of hearing for compensation purposes
shall be confined to the frequencies of 1,000, 2,000
and 3,000 cycles per second. Loss of hearing ability
for frequency tones above 3,000 cycles per second are
not to be considered as constituting disability for
hearing.
(b) The percent of hearing loss, for purposes of
the determination of compensation claims for
occupational deafness, shall be calculated as the
average in decibels for the thresholds of hearing for
the frequencies of 1,000, 2,000 and 3,000 cycles per
second. Pure tone air conduction audiometric
instruments, approved by nationally recognized

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authorities in this field, shall be used for measuring
hearing loss. If the losses of hearing average 30
decibels or less in the 3 frequencies, such losses of
hearing shall not then constitute any compensable
hearing disability. If the losses of hearing average
85 decibels or more in the 3 frequencies, then the same
shall constitute and be total or 100% compensable
hearing loss.
(c) In measuring hearing impairment, the lowest
measured losses in each of the 3 frequencies shall be
added together and divided by 3 to determine the
average decibel loss. For every decibel of loss
exceeding 30 decibels an allowance of 1.82% shall be
made up to the maximum of 100% which is reached at 85
decibels.
(d) If a hearing loss is established to have
existed on July 1, 1975 by audiometric testing the
employer shall not be liable for the previous loss so
established nor shall he be liable for any loss for
which compensation has been paid or awarded.
(e) No consideration shall be given to the
question of whether or not the ability of an employee
to understand speech is improved by the use of a
hearing aid.
(f) No claim for loss of hearing due to industrial
noise shall be brought against an employer or allowed

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unless the employee has been exposed for a period of
time sufficient to cause permanent impairment to noise
levels in excess of the following:
Sound Level DBA
Slow Response Hours Per Day
90 8
92 6
95 4
97 3
100 2
102 1-1/2
105 1
110 1/2
115 1/4
This subparagraph (f) shall not be applied in cases of
hearing loss resulting from trauma or explosion.
17. In computing the compensation to be paid to any
employee who, before the accident for which he claims
compensation, had before that time sustained an injury
resulting in the loss by amputation or partial loss by
amputation of any member, including hand, arm, thumb or
fingers, leg, foot, or any toes or the loss described in
subparagraph 2 of paragraph (d) due to accidental injuries
to the same part of the spine, such loss or partial loss of
any such member or the loss described in subparagraph 2 of
paragraph (d) due to accidental injuries to the same part

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

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

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

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

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

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

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

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

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

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

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

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