Bill Text: IL HB3112 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Workers' Compensation Act. Provides that, with respect to firefighters and emergency medical technicians, a contagious staph infection, including Methicillin-resistant Staphylococcus Aureus (MRSA), is rebuttably presumed to arise out of and in the course of employment. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3112 Detail]
Download: Illinois-2019-HB3112-Introduced.html
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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,
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3 | represented in the General Assembly:
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4 | Section 5. The Workers' Compensation Act is amended by | ||||||||||||||||||||||||
5 | changing Section 6 as follows:
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6 | (820 ILCS 305/6) (from Ch. 48, par. 138.6)
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7 | Sec. 6. (a) Every employer within the provisions of this | ||||||||||||||||||||||||
8 | Act, shall,
under the rules and regulations prescribed by the | ||||||||||||||||||||||||
9 | Commission, post
printed notices in their respective places of | ||||||||||||||||||||||||
10 | employment in such number
and at such places as may be | ||||||||||||||||||||||||
11 | determined by the Commission, containing
such information | ||||||||||||||||||||||||
12 | relative to this Act as in the judgment of the
Commission may | ||||||||||||||||||||||||
13 | be necessary to aid employees to safeguard their rights
under | ||||||||||||||||||||||||
14 | this Act in event of injury.
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15 | In addition thereto, the employer shall post in a | ||||||||||||||||||||||||
16 | conspicuous place
on the place of the employment a printed or | ||||||||||||||||||||||||
17 | typewritten notice stating
whether he is insured or whether he | ||||||||||||||||||||||||
18 | has qualified and is operating as a
self-insured employer. In | ||||||||||||||||||||||||
19 | the event the employer is insured, the notice
shall state the | ||||||||||||||||||||||||
20 | name and address of his insurance carrier, the number of
the | ||||||||||||||||||||||||
21 | insurance policy, its effective date and the date of | ||||||||||||||||||||||||
22 | termination. In
the event of the termination of the policy for | ||||||||||||||||||||||||
23 | any reason prior to the
termination date stated, the posted |
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1 | notice shall promptly be corrected
accordingly. In the event | ||||||
2 | the employer is operating as a self-insured
employer the notice | ||||||
3 | shall state the name and address of the company, if
any, | ||||||
4 | servicing the compensation payments of the employer, and the | ||||||
5 | name
and address of the person in charge of making compensation | ||||||
6 | payments.
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7 | (b) Every employer subject to this Act shall maintain | ||||||
8 | accurate
records of work-related deaths, injuries and illness | ||||||
9 | other than minor
injuries requiring only first aid treatment | ||||||
10 | and which do not involve
medical treatment, loss of | ||||||
11 | consciousness, restriction of work or motion,
or transfer to | ||||||
12 | another job and file with the Commission, in writing, a
report | ||||||
13 | of all accidental deaths, injuries and illnesses arising out of
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14 | and in the course of the employment resulting in the loss of | ||||||
15 | more than
3 scheduled work days. In the case of death such | ||||||
16 | report shall be
made no later than 2 working days following the | ||||||
17 | accidental death. In
all other cases such report shall be made | ||||||
18 | between the 15th and 25th of
each month unless required to be | ||||||
19 | made sooner by rule of the Commission.
In case the injury | ||||||
20 | results in permanent disability, a further report
shall be made | ||||||
21 | as soon as it is determined that such permanent disability
has | ||||||
22 | resulted or will result from the injury. All reports shall | ||||||
23 | state
the date of the injury, including the time of day or | ||||||
24 | night, the nature
of the employer's business, the name, | ||||||
25 | address, age, sex, conjugal
condition of the injured person, | ||||||
26 | the specific occupation of the injured
person, the direct cause |
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1 | of the injury and the nature of the accident,
the character of | ||||||
2 | the injury, the length of disability, and in case of
death the | ||||||
3 | length of disability before death, the wages of the injured
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4 | person, whether compensation has been paid to the injured | ||||||
5 | person, or to
his or her legal representative or his heirs or | ||||||
6 | next of kin, the amount of
compensation paid, the amount paid | ||||||
7 | for physicians', surgeons' and
hospital bills, and by whom | ||||||
8 | paid, and the amount paid for funeral or
burial expenses if | ||||||
9 | known. The reports shall be made on forms and in the
manner as | ||||||
10 | prescribed by the Commission and shall contain such further
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11 | information as the Commission shall deem necessary and require. | ||||||
12 | The
making of these reports releases the employer from making | ||||||
13 | such reports
to any other officer of the State and shall | ||||||
14 | satisfy the reporting
provisions as contained in the Safety | ||||||
15 | Inspection and Education Act, the Health and Safety Act, and | ||||||
16 | the Occupational Safety and Health Act. The reports filed with | ||||||
17 | the
Commission pursuant to this Section shall be made available | ||||||
18 | by the
Commission to the Director of Labor or his | ||||||
19 | representatives and to all
other departments of the State of | ||||||
20 | Illinois which shall require such
information for the proper | ||||||
21 | discharge of their official duties. Failure
to file with the | ||||||
22 | Commission any of the reports required in this Section
is a | ||||||
23 | petty offense.
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24 | Except as provided in this paragraph, all reports filed | ||||||
25 | hereunder shall
be confidential and any person
having access to | ||||||
26 | such records filed with the Illinois Workers' Compensation |
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1 | Commission as
herein required, who shall release any | ||||||
2 | information therein contained
including the names or otherwise | ||||||
3 | identify any persons sustaining
injuries or disabilities, or | ||||||
4 | give access to such information to any
unauthorized person, | ||||||
5 | shall be subject to discipline or discharge, and in
addition | ||||||
6 | shall be guilty of a Class B misdemeanor. The Commission shall
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7 | compile and distribute to interested persons aggregate | ||||||
8 | statistics, taken
from the reports filed hereunder. The | ||||||
9 | aggregate statistics shall not give
the names or otherwise | ||||||
10 | identify persons sustaining injuries or disabilities
or the | ||||||
11 | employer of any injured person or person with a disability.
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12 | (c) Notice of the accident shall be given to the employer | ||||||
13 | as soon as
practicable, but not later than 45 days after the | ||||||
14 | accident. Provided:
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15 | (1) In case of the legal disability of the employee
or | ||||||
16 | any dependent of a
deceased employee who may be entitled to | ||||||
17 | compensation under the
provisions of this Act, the | ||||||
18 | limitations of time by this Act provided do
not begin to | ||||||
19 | run against such person under legal disability
until a
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20 | guardian has been appointed.
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21 | (2) In cases of injuries sustained by exposure to | ||||||
22 | radiological
materials or equipment, notice shall be given | ||||||
23 | to the employer within 90
days subsequent to the time that | ||||||
24 | the employee knows or suspects that he
has received an | ||||||
25 | excessive dose of radiation.
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26 | No defect or inaccuracy of such notice shall be a bar to |
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1 | the
maintenance of proceedings on arbitration or otherwise by | ||||||
2 | the employee
unless the employer proves that he is unduly | ||||||
3 | prejudiced in such
proceedings by such defect or inaccuracy.
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4 | Notice of the accident shall give the approximate date and | ||||||
5 | place of
the accident, if known, and may be given orally or in | ||||||
6 | writing.
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7 | (d) Every employer shall notify each injured employee who | ||||||
8 | has been
granted compensation under the provisions of Section 8 | ||||||
9 | of this Act
of his rights to rehabilitation services and advise | ||||||
10 | him of the locations
of available public rehabilitation centers | ||||||
11 | and any other such services
of which the employer has | ||||||
12 | knowledge.
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13 | In any case, other than one where the injury was caused by | ||||||
14 | exposure
to radiological materials or equipment or asbestos | ||||||
15 | unless the application for
compensation is filed with the | ||||||
16 | Commission within 3 years after the date
of the accident, where | ||||||
17 | no compensation has been paid, or within 2 years
after the date | ||||||
18 | of the last payment of compensation, where any has been
paid, | ||||||
19 | whichever shall be later, the right to file such application | ||||||
20 | shall
be barred.
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21 | In any case of injury caused by exposure to radiological | ||||||
22 | materials or
equipment or asbestos, unless application for | ||||||
23 | compensation is filed with the
Commission within 25 years after | ||||||
24 | the last day that the employee was
employed in an environment | ||||||
25 | of hazardous radiological activity or asbestos,
the right to | ||||||
26 | file such application shall be barred.
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1 | If in any case except one where the injury was caused by | ||||||
2 | exposure to
radiological materials or equipment or asbestos, | ||||||
3 | the accidental injury
results in death application for | ||||||
4 | compensation for death may be filed with the
Commission within | ||||||
5 | 3 years after the date of death where no compensation
has been | ||||||
6 | paid or within 2 years after the date of the last payment of
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7 | compensation where any has been paid, whichever shall be later, | ||||||
8 | but not
thereafter.
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9 | If an accidental injury caused by exposure to radiological | ||||||
10 | material
or equipment or asbestos results in death within 25 | ||||||
11 | years after the last
day that the employee was so exposed | ||||||
12 | application for compensation for death may
be filed with the | ||||||
13 | Commission within 3 years after the date of death,
where no | ||||||
14 | compensation has been paid, or within 2 years after the date of
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15 | the last payment of compensation where any has been paid, | ||||||
16 | whichever
shall be later, but not thereafter.
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17 | (e) Any contract or agreement made by any employer or his | ||||||
18 | agent or
attorney with any employee or any other beneficiary of | ||||||
19 | any claim under
the provisions of this Act within 7 days after | ||||||
20 | the injury shall be
presumed to be fraudulent.
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21 | (f) Any condition or impairment of health of an employee | ||||||
22 | employed as a
firefighter, emergency medical technician (EMT), | ||||||
23 | emergency medical technician-intermediate (EMT-I), advanced | ||||||
24 | emergency medical technician (A-EMT), or paramedic which | ||||||
25 | results
directly or indirectly from any bloodborne pathogen, | ||||||
26 | contagious staph infection, including Methicillin-resistant |
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1 | Staphylococcus aureus (MRSA), lung or respiratory
disease
or | ||||||
2 | condition, heart
or vascular disease or condition, | ||||||
3 | hypertension, tuberculosis, or cancer
resulting in any | ||||||
4 | disability (temporary, permanent, total, or partial) to the
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5 | employee shall be rebuttably presumed to arise out of and in | ||||||
6 | the course of
the employee's firefighting, EMT, or paramedic | ||||||
7 | employment and, further, shall
be
rebuttably presumed to be | ||||||
8 | causally connected to the hazards or exposures of
the | ||||||
9 | employment. This presumption shall also apply to any hernia or | ||||||
10 | hearing
loss suffered by an employee employed as a firefighter, | ||||||
11 | EMT, EMT-I, A-EMT, or paramedic.
However, this presumption | ||||||
12 | shall not apply to any employee who has been employed
as a | ||||||
13 | firefighter, EMT, or paramedic for less than 5 years at the | ||||||
14 | time he or she files an Application for Adjustment of Claim | ||||||
15 | concerning this condition or impairment with the Illinois | ||||||
16 | Workers' Compensation Commission. The rebuttable presumption | ||||||
17 | established under this subsection, however, does not apply to | ||||||
18 | an emergency medical technician (EMT), emergency medical | ||||||
19 | technician-intermediate (EMT-I), advanced emergency medical | ||||||
20 | technician (A-EMT), or paramedic employed by a private employer | ||||||
21 | if the employee spends the preponderance of his or her work | ||||||
22 | time for that employer engaged in medical transfers between | ||||||
23 | medical care facilities or non-emergency medical transfers to | ||||||
24 | or from medical care facilities. The changes made to this | ||||||
25 | subsection by Public Act 98-291 shall be narrowly construed. | ||||||
26 | The Finding and Decision of the Illinois Workers' Compensation |
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1 | Commission under only the rebuttable presumption provision of | ||||||
2 | this subsection shall not be admissible or be deemed res | ||||||
3 | judicata in any disability claim under the Illinois Pension | ||||||
4 | Code arising out of the same medical condition; however, this | ||||||
5 | sentence makes no change to the law set forth in Krohe v. City | ||||||
6 | of Bloomington, 204 Ill.2d 392.
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7 | (Source: P.A. 98-291, eff. 1-1-14; 98-874, eff. 1-1-15; 98-973, | ||||||
8 | eff. 8-15-14; 99-78, eff. 7-20-15; 99-143, eff. 7-27-15.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
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