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| 1 | AN ACT concerning employment.
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| 2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
| 3 | represented in the General Assembly:
| |||||||||||||||||||
| 4 | Section 5. The Workers' Compensation Act is amended by | |||||||||||||||||||
| 5 | changing Section 8 as follows:
| |||||||||||||||||||
| 6 | (820 ILCS 305/8) (from Ch. 48, par. 138.8)
| |||||||||||||||||||
| 7 | Sec. 8. The amount of compensation which shall be paid to | |||||||||||||||||||
| 8 | the
employee for an accidental injury not resulting in death | |||||||||||||||||||
| 9 | is:
| |||||||||||||||||||
| 10 | (a) The employer shall provide and pay the negotiated | |||||||||||||||||||
| 11 | rate, if applicable, or the lesser of the health care | |||||||||||||||||||
| 12 | provider's actual charges or according to a fee schedule, | |||||||||||||||||||
| 13 | subject to Section 8.2, in effect at the time the service was | |||||||||||||||||||
| 14 | rendered for all the necessary first
aid, medical and surgical | |||||||||||||||||||
| 15 | services, and all necessary medical, surgical
and hospital | |||||||||||||||||||
| 16 | services thereafter incurred, limited, however, to that
which | |||||||||||||||||||
| 17 | is reasonably required to cure or relieve from the effects of | |||||||||||||||||||
| 18 | the
accidental injury, even if a health care provider sells, | |||||||||||||||||||
| 19 | transfers, or otherwise assigns an account receivable for | |||||||||||||||||||
| 20 | procedures, treatments, or services covered under this Act. If | |||||||||||||||||||
| 21 | the employer does not dispute payment of first aid, medical, | |||||||||||||||||||
| 22 | surgical,
and hospital services, the employer shall make such | |||||||||||||||||||
| 23 | payment to the provider on behalf of the employee. The | |||||||||||||||||||
| |||||||
| |||||||
| 1 | employer shall also pay for treatment,
instruction and | ||||||
| 2 | training necessary for the physical, mental and
vocational | ||||||
| 3 | rehabilitation of the employee, including all maintenance
| ||||||
| 4 | costs and expenses incidental thereto. If as a result of the | ||||||
| 5 | injury the
employee is unable to be self-sufficient the | ||||||
| 6 | employer shall further pay
for such maintenance or | ||||||
| 7 | institutional care as shall be required.
| ||||||
| 8 | The employee may at any time elect to secure his own | ||||||
| 9 | physician,
surgeon and hospital services at the employer's | ||||||
| 10 | expense, or, | ||||||
| 11 | Upon agreement between the employer and the employees, or | ||||||
| 12 | the employees'
exclusive representative, and subject to the | ||||||
| 13 | approval of the Illinois Workers' Compensation
Commission, the | ||||||
| 14 | employer shall maintain a list of physicians, to be
known as a | ||||||
| 15 | Panel of Physicians, who are accessible to the employees.
The | ||||||
| 16 | employer shall post this list in a place or places easily | ||||||
| 17 | accessible
to his employees. The employee shall have the right | ||||||
| 18 | to make an
alternative choice of physician from such Panel if | ||||||
| 19 | he is not satisfied
with the physician first selected. If, due | ||||||
| 20 | to the nature of the injury
or its occurrence away from the | ||||||
| 21 | employer's place of business, the
employee is unable to make a | ||||||
| 22 | selection from the Panel, the selection
process from the Panel | ||||||
| 23 | shall not apply. The physician selected from the
Panel may | ||||||
| 24 | arrange for any consultation, referral or other specialized
| ||||||
| 25 | medical services outside the Panel at the employer's expense. | ||||||
| 26 | Provided
that, in the event the Commission shall find that a | ||||||
| |||||||
| |||||||
| 1 | doctor selected by
the employee is rendering improper or | ||||||
| 2 | inadequate care, the Commission
may order the employee to | ||||||
| 3 | select another doctor certified or qualified
in the medical | ||||||
| 4 | field for which treatment is required. If the employee
refuses | ||||||
| 5 | to make such change the Commission may relieve the employer of
| ||||||
| 6 | his obligation to pay the doctor's charges from the date of | ||||||
| 7 | refusal to
the date of compliance.
| ||||||
| 8 | Any vocational rehabilitation counselors who provide | ||||||
| 9 | service under this Act shall have
appropriate certifications | ||||||
| 10 | which designate the counselor as qualified to render
opinions | ||||||
| 11 | relating to vocational rehabilitation. Vocational | ||||||
| 12 | rehabilitation
may include, but is not limited to, counseling | ||||||
| 13 | for job searches, supervising
a job search program, and | ||||||
| 14 | vocational retraining including education at an
accredited | ||||||
| 15 | learning institution. The employee or employer may petition to | ||||||
| 16 | the Commission to decide disputes relating to vocational | ||||||
| 17 | rehabilitation and the Commission shall resolve any such | ||||||
| 18 | dispute, including payment of the vocational rehabilitation | ||||||
| 19 | program by the employer. | ||||||
| 20 | The maintenance benefit shall not be less than the | ||||||
| 21 | temporary total disability
rate determined for the employee. | ||||||
| 22 | In addition, maintenance shall include costs
and expenses | ||||||
| 23 | incidental to the vocational rehabilitation program. | ||||||
| 24 | When the employee is working light duty on a part-time | ||||||
| 25 | basis or full-time
basis
and earns less than he or she would be | ||||||
| 26 | earning if employed in the full capacity
of the job or jobs, | ||||||
| |||||||
| |||||||
| 1 | then the employee shall be entitled to temporary partial | ||||||
| 2 | disability benefits. Temporary partial disability benefits | ||||||
| 3 | shall be
equal to two-thirds of
the difference between the | ||||||
| 4 | average amount that the employee would be able to
earn in the | ||||||
| 5 | full performance of his or her duties in the occupation in | ||||||
| 6 | which he
or she was engaged at the time of accident and the | ||||||
| 7 | gross amount which he or she
is
earning in the modified job | ||||||
| 8 | provided to the employee by the employer or in any other job | ||||||
| 9 | that the employee is working. | ||||||
| 10 | Every hospital, physician, surgeon or other person | ||||||
| 11 | rendering
treatment or services in accordance with the | ||||||
| 12 | provisions of this Section
shall upon written request furnish | ||||||
| 13 | full and complete reports thereof to,
and permit their records | ||||||
| 14 | to be copied by, the employer, the employee or
his dependents, | ||||||
| 15 | as the case may be, or any other party to any proceeding
for | ||||||
| 16 | compensation before the Commission, or their attorneys.
| ||||||
| 17 | Notwithstanding the foregoing, the employer's liability to | ||||||
| 18 | pay for such
medical services selected by the employee shall | ||||||
| 19 | be limited to:
| ||||||
| 20 | (1) all first aid and emergency treatment; plus
| ||||||
| 21 | (2) all medical, surgical and hospital services | ||||||
| 22 | provided by the
physician, surgeon or hospital initially | ||||||
| 23 | chosen by the employee or by any
other physician, | ||||||
| 24 | consultant, expert, institution or other provider of
| ||||||
| 25 | services recommended by said initial service provider or | ||||||
| 26 | any subsequent
provider of medical services in the chain | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 1 | time to decline the preferred provider program, in | ||||||
| 2 | which case that would constitute one of the two | ||||||
| 3 | choices of medical providers to which the employee is | ||||||
| 4 | entitled under subsection (a)(2) or (a)(3); and | ||||||
| 5 | (C) Prior to the report of an injury by an | ||||||
| 6 | employee, when an employee chooses non-emergency | ||||||
| 7 | treatment from a provider not within the preferred | ||||||
| 8 | provider program, that would constitute the employee's | ||||||
| 9 | one choice of medical providers to which the employee | ||||||
| 10 | is entitled under subsection (a)(2) or (a)(3). | ||||||
| 11 | When an employer and employee so agree in writing, nothing | ||||||
| 12 | in this
Act prevents an employee whose injury or disability | ||||||
| 13 | has been established
under this Act, from relying in good | ||||||
| 14 | faith, on treatment by prayer or
spiritual means alone, in | ||||||
| 15 | accordance with the tenets and practice of a
recognized church | ||||||
| 16 | or religious denomination, by a duly accredited
practitioner | ||||||
| 17 | thereof, and having nursing services appropriate therewith,
| ||||||
| 18 | without suffering loss or diminution of the compensation | ||||||
| 19 | benefits under
this Act. However, the employee shall submit to | ||||||
| 20 | all physical
examinations required by this Act. The cost of | ||||||
| 21 | such treatment and
nursing care shall be paid by the employee | ||||||
| 22 | unless the employer agrees to
make such payment.
| ||||||
| 23 | Where the accidental injury results in the amputation of | ||||||
| 24 | an arm,
hand, leg or foot, or the enucleation of an eye, or the | ||||||
| 25 | loss of any of
the natural teeth, the employer shall furnish an | ||||||
| 26 | artificial of any such
members lost or damaged in accidental | ||||||
| |||||||
| |||||||
| 1 | injury arising out of and in the
course of employment, and | ||||||
| 2 | shall also furnish the necessary braces in all
proper and | ||||||
| 3 | necessary cases. In cases of the loss of a member or members
by | ||||||
| 4 | amputation, the employer shall, whenever necessary, maintain | ||||||
| 5 | in good
repair, refit or replace the artificial limbs during | ||||||
| 6 | the lifetime of the
employee. Where the accidental injury | ||||||
| 7 | accompanied by physical injury
results in damage to a denture, | ||||||
| 8 | eye glasses or contact eye lenses, or
where the accidental | ||||||
| 9 | injury results in damage to an artificial member,
the employer | ||||||
| 10 | shall replace or repair such denture, glasses, lenses, or
| ||||||
| 11 | artificial member.
| ||||||
| 12 | The furnishing by the employer of any such services or | ||||||
| 13 | appliances is
not an admission of liability on the part of the | ||||||
| 14 | employer to pay
compensation.
| ||||||
| 15 | The furnishing of any such services or appliances or the | ||||||
| 16 | servicing
thereof by the employer is not the payment of | ||||||
| 17 | compensation.
| ||||||
| 18 | (b) If the period of temporary total incapacity for work | ||||||
| 19 | lasts more
than 3 working days, weekly compensation as | ||||||
| 20 | hereinafter provided shall
be paid beginning on the 4th day of | ||||||
| 21 | such temporary total incapacity and
continuing as long as the | ||||||
| 22 | total temporary incapacity lasts. In cases
where the temporary | ||||||
| 23 | total incapacity for work continues for a period of
14 days or | ||||||
| 24 | more from the day of the accident compensation shall commence
| ||||||
| 25 | on the day after the accident.
| ||||||
| 26 | 1. The compensation rate for temporary total | ||||||
| |||||||
| |||||||
| 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,
| ||||||
| |||||||
| |||||||
| 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".
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 1 | 15th day of each January and July of each year
thereafter, | ||||||
| 2 | post and publish the State's average weekly wage in | ||||||
| 3 | covered
industries under the Unemployment Insurance Act as | ||||||
| 4 | last determined and
published by the Department of | ||||||
| 5 | Employment Security. The amount when so
posted and | ||||||
| 6 | published shall be conclusive and shall be applicable as | ||||||
| 7 | the
basis of computation of compensation rates until the | ||||||
| 8 | next posting and
publication as aforesaid.
| ||||||
| 9 | 7. The payment of compensation by an employer or his | ||||||
| 10 | insurance
carrier to an injured employee shall not | ||||||
| 11 | constitute an admission of the
employer's liability to pay | ||||||
| 12 | compensation.
| ||||||
| 13 | (c) For any serious and permanent disfigurement to the | ||||||
| 14 | hand, head,
face, neck, arm, leg below the knee or the chest | ||||||
| 15 | above the axillary
line, the employee is entitled to | ||||||
| 16 | compensation for such disfigurement,
the amount determined by | ||||||
| 17 | agreement at any time or by arbitration under
this Act, at a | ||||||
| 18 | hearing not less than 6 months after the date of the
accidental | ||||||
| 19 | injury, which amount shall not exceed 150 weeks (if the | ||||||
| 20 | accidental injury occurs on or after the effective date of | ||||||
| 21 | this amendatory Act of the 94th General Assembly
but before | ||||||
| 22 | February
1, 2006) or 162
weeks (if the accidental injury | ||||||
| 23 | occurs on or after February
1, 2006) at the
applicable rate | ||||||
| 24 | provided in subparagraph 2.1 of paragraph (b) of this Section.
| ||||||
| 25 | No compensation is payable under this paragraph where | ||||||
| 26 | compensation is
payable under paragraphs (d), (e) or (f) of | ||||||
| |||||||
| |||||||
| 1 | this Section.
| ||||||
| 2 | A duly appointed member of a fire department in a city, the | ||||||
| 3 | population of
which exceeds 500,000 according to the last | ||||||
| 4 | federal or State census, is
eligible for compensation under | ||||||
| 5 | this paragraph only where such serious and
permanent | ||||||
| 6 | disfigurement results from burns.
| ||||||
| 7 | (d) 1. If, after the accidental injury has been sustained, | ||||||
| 8 | the
employee as a result thereof becomes partially | ||||||
| 9 | incapacitated from
pursuing his usual and customary line of | ||||||
| 10 | employment, he shall, except in
cases compensated under the | ||||||
| 11 | specific schedule set forth in paragraph (e)
of this Section, | ||||||
| 12 | receive compensation for the duration of his
disability, | ||||||
| 13 | subject to the limitations as to maximum amounts fixed in
| ||||||
| 14 | paragraph (b) of this Section, equal to 66-2/3% of the | ||||||
| 15 | difference
between the average amount which he would be able | ||||||
| 16 | to earn in the full
performance of his duties in the occupation | ||||||
| 17 | in which he was engaged at
the time of the accident and the | ||||||
| 18 | average amount which he is earning or
is able to earn in some | ||||||
| 19 | suitable employment or business after the accident. For | ||||||
| 20 | accidental injuries that occur on or after September 1, 2011, | ||||||
| 21 | an award for wage differential under this subsection shall be | ||||||
| 22 | effective only until the employee reaches the age of 67 or 5 | ||||||
| 23 | years from the date the award becomes final, whichever is | ||||||
| 24 | later.
| ||||||
| 25 | 2. If, as a result of the accident, the employee sustains | ||||||
| 26 | serious
and permanent injuries not covered by paragraphs (c) | ||||||
| |||||||
| |||||||
| 1 | and (e) of this
Section or having sustained injuries covered | ||||||
| 2 | by the aforesaid
paragraphs (c) and (e), he shall have | ||||||
| 3 | sustained in addition thereto
other injuries which injuries do | ||||||
| 4 | not incapacitate him from pursuing the
duties of his | ||||||
| 5 | employment but which would disable him from pursuing other
| ||||||
| 6 | suitable occupations, or which have otherwise resulted in | ||||||
| 7 | physical
impairment; or if such injuries partially | ||||||
| 8 | incapacitate him from pursuing
the duties of his usual and | ||||||
| 9 | customary line of employment but do not
result in an | ||||||
| 10 | impairment of earning capacity, or having resulted in an
| ||||||
| 11 | impairment of earning capacity, the employee elects to waive | ||||||
| 12 | his right
to recover under the foregoing subparagraph 1 of | ||||||
| 13 | paragraph (d) of this
Section then in any of the foregoing | ||||||
| 14 | events, he shall receive in
addition to compensation for | ||||||
| 15 | temporary total disability under paragraph
(b) of this | ||||||
| 16 | Section, compensation at the rate provided in subparagraph 2.1
| ||||||
| 17 | of paragraph (b) of this Section for that percentage of 500 | ||||||
| 18 | weeks that
the partial disability resulting from the injuries | ||||||
| 19 | covered by this
paragraph bears to total disability. If the | ||||||
| 20 | employee shall have
sustained a fracture of one or more | ||||||
| 21 | vertebra or fracture of the skull,
the amount of compensation | ||||||
| 22 | allowed under this Section shall be not less
than 6 weeks for a | ||||||
| 23 | fractured skull and 6 weeks for each fractured
vertebra, and | ||||||
| 24 | in the event the employee shall have sustained a fracture
of | ||||||
| 25 | any of the following facial bones: nasal, lachrymal, vomer, | ||||||
| 26 | zygoma,
maxilla, palatine or mandible, the amount of | ||||||
| |||||||
| |||||||
| 1 | compensation allowed under
this Section shall be not less than | ||||||
| 2 | 2 weeks for each such fractured
bone, and for a fracture of | ||||||
| 3 | each transverse process not less than 3
weeks. In the event | ||||||
| 4 | such injuries shall result in the loss of a kidney,
spleen or | ||||||
| 5 | lung, the amount of compensation allowed under this Section
| ||||||
| 6 | shall be not less than 10 weeks for each such organ. | ||||||
| 7 | Compensation
awarded under this subparagraph 2 shall not take | ||||||
| 8 | into consideration
injuries covered under paragraphs (c) and | ||||||
| 9 | (e) of this Section and the
compensation provided in this | ||||||
| 10 | paragraph shall not affect the employee's
right to | ||||||
| 11 | compensation payable under paragraphs (b), (c) and (e) of this
| ||||||
| 12 | Section for the disabilities therein covered.
| ||||||
| 13 | (e) For accidental injuries in the following schedule, the | ||||||
| 14 | employee
shall receive compensation for the period of | ||||||
| 15 | temporary total incapacity
for work resulting from such | ||||||
| 16 | accidental injury, under subparagraph 1 of
paragraph (b) of | ||||||
| 17 | this Section, and shall receive in addition thereto
| ||||||
| 18 | compensation for a further period for the specific loss herein
| ||||||
| 19 | mentioned, but shall not receive any compensation under any | ||||||
| 20 | other
provisions of this Act. The following listed amounts | ||||||
| 21 | apply to either
the loss of or the permanent and complete loss | ||||||
| 22 | of use of the member
specified, such compensation for the | ||||||
| 23 | length 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
| 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:
| |||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
| 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 | |||||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| 12 | Commission
shall examine the Second Injury Fund and when, | ||||||
| 13 | after deducting all
advances or loans made to such Fund, the | ||||||
| 14 | amount therein is $500,000
then the amount required to be paid | ||||||
| 15 | by employers pursuant to paragraph
(f) of Section 7 shall be | ||||||
| 16 | reduced by one-half. When the Second Injury Fund
reaches the | ||||||
| 17 | sum of $600,000 then the payments shall cease entirely.
| ||||||
| 18 | However, when the Second Injury Fund has been reduced to | ||||||
| 19 | $400,000, payment
of one-half of the amounts required by | ||||||
| 20 | paragraph (f) of Section 7
shall be resumed, in the manner | ||||||
| 21 | herein provided, and when the Second Injury
Fund has been | ||||||
| 22 | reduced to $300,000, payment of the full amounts required by
| ||||||
| 23 | paragraph (f) of Section 7 shall be resumed, in the manner | ||||||
| 24 | herein provided.
The Commission shall make the changes in | ||||||
| 25 | payment effective by
general order, and the changes in payment | ||||||
| 26 | become immediately effective
for all cases coming before the | ||||||
| |||||||
| |||||||
| 1 | Commission thereafter either by
settlement agreement or final | ||||||
| 2 | order, irrespective of the date of the
accidental injury.
| ||||||
| 3 | On August 1, 1996 and on February 1 and August 1 of each | ||||||
| 4 | subsequent year, the Commission
shall examine the special fund | ||||||
| 5 | designated as the "Rate
Adjustment Fund" and when, after | ||||||
| 6 | deducting all advances or loans made to
said fund, the amount | ||||||
| 7 | therein is $4,000,000, the amount required to be
paid by | ||||||
| 8 | employers pursuant to paragraph (f) of Section 7 shall be
| ||||||
| 9 | reduced by one-half. When the Rate Adjustment Fund reaches the | ||||||
| 10 | sum of
$5,000,000 the payment therein shall cease entirely. | ||||||
| 11 | However, when said
Rate Adjustment Fund has been reduced to | ||||||
| 12 | $3,000,000 the amounts required by
paragraph (f) of Section 7 | ||||||
| 13 | shall be resumed in the manner herein provided.
| ||||||
| 14 | (f) In case of complete disability, which renders the | ||||||
| 15 | employee
wholly and permanently incapable of work, or in the | ||||||
| 16 | specific case of
total and permanent disability as provided in | ||||||
| 17 | subparagraph 18 of
paragraph (e) of this Section, compensation | ||||||
| 18 | shall be payable at the rate
provided in subparagraph 2 of | ||||||
| 19 | paragraph (b) of this Section for life.
| ||||||
| 20 | An employee entitled to benefits under paragraph (f) of | ||||||
| 21 | this Section
shall also be entitled to receive from the Rate | ||||||
| 22 | Adjustment
Fund provided in paragraph (f) of Section 7 of the | ||||||
| 23 | supplementary benefits
provided in paragraph (g) of this | ||||||
| 24 | Section 8.
| ||||||
| 25 | If any employee who receives an award under this paragraph | ||||||
| 26 | afterwards
returns to work or is able to do so, and earns or is | ||||||
| |||||||
| |||||||
| 1 | able to earn as
much as before the accident, payments under | ||||||
| 2 | such award shall cease. If
such employee returns to work, or is | ||||||
| 3 | able to do so, and earns or is able
to earn part but not as | ||||||
| 4 | much as before the accident, such award shall be
modified so as | ||||||
| 5 | to conform to an award under paragraph (d) of this
Section. If | ||||||
| 6 | such award is terminated or reduced under the provisions of
| ||||||
| 7 | this paragraph, such employees have the right at any time | ||||||
| 8 | within 30
months after the date of such termination or | ||||||
| 9 | reduction to file petition
with the Commission for the purpose | ||||||
| 10 | of determining whether any
disability exists as a result of | ||||||
| 11 | the original accidental injury and the
extent thereof.
| ||||||
| 12 | Disability as enumerated in subdivision 18, paragraph (e) | ||||||
| 13 | of this
Section is considered complete disability.
| ||||||
| 14 | If an employee who had previously incurred loss or the | ||||||
| 15 | permanent and
complete loss of use of one member, through the | ||||||
| 16 | loss or the permanent
and complete loss of the use of one hand, | ||||||
| 17 | one arm, one foot, one leg, or
one eye, incurs permanent and | ||||||
| 18 | complete disability through the loss or
the permanent and | ||||||
| 19 | complete loss of the use of another member, he shall
receive, | ||||||
| 20 | in addition to the compensation payable by the employer and
| ||||||
| 21 | after such payments have ceased, an amount from the Second | ||||||
| 22 | Injury Fund
provided for in paragraph (f) of Section 7, which, | ||||||
| 23 | together with the
compensation payable from the employer in | ||||||
| 24 | whose employ he was when the
last accidental injury was | ||||||
| 25 | incurred, will equal the amount payable for
permanent and | ||||||
| 26 | complete disability as provided in this paragraph of this
| ||||||
| |||||||
| |||||||
| 1 | Section.
| ||||||
| 2 | The custodian of the Second Injury Fund provided for in | ||||||
| 3 | paragraph (f)
of Section 7 shall be joined with the employer as | ||||||
| 4 | a party respondent in
the application for adjustment of claim. | ||||||
| 5 | The application for adjustment
of claim shall state briefly | ||||||
| 6 | and in general terms the approximate time
and place and manner | ||||||
| 7 | of the loss of the first member.
| ||||||
| 8 | In its award the Commission or the Arbitrator shall | ||||||
| 9 | specifically find
the amount the injured employee shall be | ||||||
| 10 | weekly paid, the number of
weeks compensation which shall be | ||||||
| 11 | paid by the employer, the date upon
which payments begin out of | ||||||
| 12 | the Second Injury Fund provided for in
paragraph (f) of | ||||||
| 13 | Section 7 of this Act, the length of time the weekly
payments | ||||||
| 14 | continue, the date upon which the pension payments commence | ||||||
| 15 | and
the monthly amount of the payments. The Commission shall | ||||||
| 16 | 30 days after
the date upon which payments out of the Second | ||||||
| 17 | Injury Fund have begun as
provided in the award, and every | ||||||
| 18 | month thereafter, prepare and submit to
the State Comptroller | ||||||
| 19 | a voucher for payment for all compensation accrued
to that | ||||||
| 20 | date at the rate fixed by the Commission. The State | ||||||
| 21 | Comptroller
shall draw a warrant to the injured employee along | ||||||
| 22 | with a receipt to be
executed by the injured employee and | ||||||
| 23 | returned to the Commission. The
endorsed warrant and receipt | ||||||
| 24 | is a full and complete acquittance to the
Commission for the | ||||||
| 25 | payment out of the Second Injury Fund. No other
appropriation | ||||||
| 26 | or warrant is necessary for payment out of the Second
Injury | ||||||
| |||||||
| |||||||
| 1 | Fund. The Second Injury Fund is appropriated for the purpose | ||||||
| 2 | of
making payments according to the terms of the awards.
| ||||||
| 3 | As of July 1, 1980 to July 1, 1982, all claims against and | ||||||
| 4 | obligations
of the Second Injury Fund shall become claims | ||||||
| 5 | against and obligations of
the Rate Adjustment Fund to the | ||||||
| 6 | extent there is insufficient money in the
Second Injury Fund | ||||||
| 7 | to pay such claims and obligations. In that case, all
| ||||||
| 8 | references to "Second Injury Fund" in this Section shall also | ||||||
| 9 | include the
Rate Adjustment Fund.
| ||||||
| 10 | (g) Every award for permanent total disability entered by | ||||||
| 11 | the
Commission on and after July 1, 1965 under which | ||||||
| 12 | compensation payments
shall become due and payable after the | ||||||
| 13 | effective date of this amendatory
Act, and every award for | ||||||
| 14 | death benefits or permanent total disability
entered by the | ||||||
| 15 | Commission on and after the effective date of this
amendatory | ||||||
| 16 | Act shall be subject to annual adjustments as to the amount
of | ||||||
| 17 | the compensation rate therein provided. Such adjustments shall | ||||||
| 18 | first
be made on July 15, 1977, and all awards made and entered | ||||||
| 19 | prior to July
1, 1975 and on July 15 of each year
thereafter. | ||||||
| 20 | In all other cases such adjustment shall be made on July 15
of | ||||||
| 21 | the second year next following the date of the entry of the | ||||||
| 22 | award and
shall further be made on July 15 annually | ||||||
| 23 | thereafter. If during the
intervening period from the date of | ||||||
| 24 | the entry of the award, or the last
periodic adjustment, there | ||||||
| 25 | shall have been an increase in the State's
average weekly wage | ||||||
| 26 | in covered industries under the Unemployment
Insurance Act, | ||||||
| |||||||
| |||||||
| 1 | the weekly compensation rate shall be proportionately
| ||||||
| 2 | increased by the same percentage as the percentage of increase | ||||||
| 3 | in the
State's average weekly wage in covered industries under | ||||||
| 4 | the
Unemployment Insurance Act. The increase in the | ||||||
| 5 | compensation rate
under this paragraph shall in no event bring | ||||||
| 6 | the total compensation rate
to an amount greater than the | ||||||
| 7 | prevailing maximum rate at the time that the annual adjustment | ||||||
| 8 | is made. Such increase
shall be paid in the same manner as | ||||||
| 9 | herein provided for payments under
the Second Injury Fund to | ||||||
| 10 | the injured employee, or his dependents, as
the case may be, | ||||||
| 11 | out of the Rate Adjustment Fund provided
in paragraph (f) of | ||||||
| 12 | Section 7 of this Act. Payments shall be made at
the same | ||||||
| 13 | intervals as provided in the award or, at the option of the
| ||||||
| 14 | Commission, may be made in quarterly payment on the 15th day of | ||||||
| 15 | January,
April, July and October of each year. In the event of | ||||||
| 16 | a decrease in
such average weekly wage there shall be no change | ||||||
| 17 | in the then existing
compensation rate. The within paragraph | ||||||
| 18 | shall not apply to cases where
there is disputed liability and | ||||||
| 19 | in which a compromise lump sum settlement
between the employer | ||||||
| 20 | and the injured employee, or his dependents, as the
case may | ||||||
| 21 | be, has been duly approved by the Illinois Workers' | ||||||
| 22 | Compensation
Commission.
| ||||||
| 23 | Provided, that in cases of awards entered by the | ||||||
| 24 | Commission for
injuries occurring before July 1, 1975, the | ||||||
| 25 | increases in the
compensation rate adjusted under the | ||||||
| 26 | foregoing provision of this
paragraph (g) shall be limited to | ||||||
| |||||||
| |||||||
| 1 | increases in the State's average
weekly wage in covered | ||||||
| 2 | industries under the Unemployment Insurance Act
occurring | ||||||
| 3 | after July 1, 1975.
| ||||||
| 4 | For every accident occurring on or after July 20, 2005 but | ||||||
| 5 | before the effective date of this amendatory Act of the 94th | ||||||
| 6 | General Assembly (Senate Bill 1283 of the 94th General | ||||||
| 7 | Assembly), the annual adjustments to the compensation rate in | ||||||
| 8 | awards for death benefits or permanent total disability, as | ||||||
| 9 | provided in this Act, shall be paid by the employer. The | ||||||
| 10 | adjustment shall be made by the employer on July 15 of the | ||||||
| 11 | second year next following the date of the entry of the award | ||||||
| 12 | and shall further be made on July 15 annually thereafter. If | ||||||
| 13 | during the intervening period from the date of the entry of the | ||||||
| 14 | award, or the last periodic adjustment, there shall have been | ||||||
| 15 | an increase in the State's average weekly wage in covered | ||||||
| 16 | industries under the Unemployment Insurance Act, the employer | ||||||
| 17 | shall increase the weekly compensation rate proportionately by | ||||||
| 18 | the same percentage as the percentage of increase in the | ||||||
| 19 | State's average weekly wage in covered industries under the | ||||||
| 20 | Unemployment Insurance Act. The increase in the compensation | ||||||
| 21 | rate under this paragraph shall in no event bring the total | ||||||
| 22 | compensation rate to an amount greater than the prevailing | ||||||
| 23 | maximum rate at the time that the annual adjustment is made. In | ||||||
| 24 | the event of a decrease in such average weekly wage there shall | ||||||
| 25 | be no change in the then existing compensation rate. Such | ||||||
| 26 | increase shall be paid by the employer in the same manner and | ||||||
| |||||||
| |||||||
| 1 | at the same intervals as the payment of compensation in the | ||||||
| 2 | award. This paragraph shall not apply to cases where there is | ||||||
| 3 | disputed liability and in which a compromise lump sum | ||||||
| 4 | settlement between the employer and the injured employee, or | ||||||
| 5 | his or her dependents, as the case may be, has been duly | ||||||
| 6 | approved by the Illinois Workers' Compensation Commission. | ||||||
| 7 | The annual adjustments for every award of death benefits | ||||||
| 8 | or permanent total disability involving accidents occurring | ||||||
| 9 | before July 20, 2005 and accidents occurring on or after the | ||||||
| 10 | effective date of this amendatory Act of the 94th General | ||||||
| 11 | Assembly (Senate Bill 1283 of the 94th General Assembly) shall | ||||||
| 12 | continue to be paid from the Rate Adjustment Fund pursuant to | ||||||
| 13 | this paragraph and Section 7(f) of this Act.
| ||||||
| 14 | (h) In case death occurs from any cause before the total
| ||||||
| 15 | compensation to which the employee would have been entitled | ||||||
| 16 | has been
paid, then in case the employee leaves any widow, | ||||||
| 17 | widower, child, parent
(or any grandchild, grandparent or | ||||||
| 18 | other lineal heir or any collateral
heir dependent at the time | ||||||
| 19 | of the accident upon the earnings of the
employee to the extent | ||||||
| 20 | of 50% or more of total dependency) such
compensation shall be | ||||||
| 21 | paid to the beneficiaries of the deceased employee
and | ||||||
| 22 | distributed as provided in paragraph (g) of Section 7.
| ||||||
| 23 | (h-1) In case an injured employee is under legal | ||||||
| 24 | disability
at the time when any right or privilege accrues to | ||||||
| 25 | him or her under this
Act, a guardian may be appointed pursuant | ||||||
| 26 | to law, and may, on behalf
of such person under legal | ||||||
| |||||||
| |||||||
| 1 | disability, claim and exercise any
such right or privilege | ||||||
| 2 | with the same effect as if the employee himself
or herself had | ||||||
| 3 | claimed or exercised the right or privilege. No limitations
of | ||||||
| 4 | time provided by this Act run so long as the employee who is | ||||||
| 5 | under legal
disability is without a conservator or guardian.
| ||||||
| 6 | (i) In case the injured employee is under 16 years of age | ||||||
| 7 | at the
time of the accident and is illegally employed, the | ||||||
| 8 | amount 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 | ||||||
| 11 | certificate
issued pursuant to the Child Labor Law or work | ||||||
| 12 | permit issued pursuant
to the Federal Fair Labor Standards | ||||||
| 13 | Act, as amended, or a birth
certificate properly and duly | ||||||
| 14 | issued, such certificate, permit or birth
certificate is | ||||||
| 15 | conclusive evidence as to the age of the injured minor
| ||||||
| 16 | employee for the purposes of this Section.
| ||||||
| 17 | Nothing herein contained repeals or amends the provisions | ||||||
| 18 | of the
Child Labor Law relating to the employment of minors | ||||||
| 19 | under the age of 16 years.
| ||||||
| 20 | (j) 1. In the event the injured employee receives | ||||||
| 21 | benefits,
including medical, surgical or hospital benefits | ||||||
| 22 | under any group plan
covering non-occupational disabilities | ||||||
| 23 | contributed to wholly or
partially by the employer, which | ||||||
| 24 | benefits should not have been payable
if any rights of | ||||||
| 25 | recovery existed under this Act, then such amounts so
paid to | ||||||
| 26 | the employee from any such group plan as shall be consistent
| ||||||
| |||||||
| |||||||
| 1 | with, and limited to, the provisions of paragraph 2 hereof, | ||||||
| 2 | shall be
credited to or against any compensation payment for | ||||||
| 3 | temporary total
incapacity for work or any medical, surgical | ||||||
| 4 | or hospital benefits made
or to be made under this Act. In such | ||||||
| 5 | event, the period of time for
giving notice of accidental | ||||||
| 6 | injury and filing application for adjustment
of claim does not | ||||||
| 7 | commence to run until the termination of such
payments. This | ||||||
| 8 | paragraph does not apply to payments made under any
group plan | ||||||
| 9 | which would have been payable irrespective of an accidental
| ||||||
| 10 | injury under this Act. Any employer receiving such credit | ||||||
| 11 | shall keep
such employee safe and harmless from any and all | ||||||
| 12 | claims or liabilities
that may be made against him by reason of | ||||||
| 13 | having received such payments
only to the extent of such | ||||||
| 14 | credit.
| ||||||
| 15 | Any excess benefits paid to or on behalf of a State | ||||||
| 16 | employee by the
State Employees' Retirement System under | ||||||
| 17 | Article 14 of the Illinois Pension
Code on a death claim or | ||||||
| 18 | disputed disability claim shall be credited
against any | ||||||
| 19 | payments made or to be made by the State of Illinois to or on
| ||||||
| 20 | behalf of such employee under this Act, except for payments | ||||||
| 21 | for medical
expenses which have already been incurred at the | ||||||
| 22 | time of the award. The
State of Illinois shall directly | ||||||
| 23 | reimburse the State Employees' Retirement
System to the extent | ||||||
| 24 | of such credit.
| ||||||
| 25 | 2. Nothing contained in this Act shall be construed to | ||||||
| 26 | give the
employer or the insurance carrier the right to credit | ||||||
| |||||||
| |||||||
| 1 | for any benefits
or payments received by the employee other | ||||||
| 2 | than compensation payments
provided by this Act, and where the | ||||||
| 3 | employee receives payments other
than compensation payments, | ||||||
| 4 | whether as full or partial salary, group
insurance benefits, | ||||||
| 5 | bonuses, annuities or any other payments, the
employer or | ||||||
| 6 | insurance carrier shall receive credit for each such payment
| ||||||
| 7 | only to the extent of the compensation that would have been | ||||||
| 8 | payable
during the period covered by such payment.
| ||||||
| 9 | 3. The extension of time for the filing of an Application | ||||||
| 10 | for
Adjustment of Claim as provided in paragraph 1 above shall | ||||||
| 11 | not apply to
those cases where the time for such filing had | ||||||
| 12 | expired prior to the date
on which payments or benefits | ||||||
| 13 | enumerated herein have been initiated or
resumed. Provided | ||||||
| 14 | however that this paragraph 3 shall apply only to
cases | ||||||
| 15 | wherein the payments or benefits hereinabove enumerated shall | ||||||
| 16 | be
received after July 1, 1969.
| ||||||
| 17 | (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; | ||||||
| 18 | 97-813, eff. 7-13-12.)
| ||||||
| 19 | Section 99. Effective date. This Act takes effect upon | ||||||
| 20 | becoming law.
| ||||||