Bill Text: IL HB3738 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Workers' Compensation Act. Provides for the computation of compensation when there are multiple employers and when there is less than full-time work. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3738 Detail]

Download: Illinois-2013-HB3738-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3738 Introduced , by Rep. Dwight Kay SYNOPSIS AS INTRODUCED:
820 ILCS 305/10 from Ch. 48, par. 138.10
Amends the Workers' Compensation Act. Provides for the computation of compensation when there are multiple employers and when there is less than full-time work. Effective immediately.
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A BILL FOR
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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 10 as follows:
(820 ILCS 305/10) (from Ch. 48, par. 138.10)
Sec. 10. The basis for computing the compensation provided
for in Sections 7 and 8 of the Act shall be as follows:
(1) The compensation shall be computed on the basis of the
"Average weekly wage" which shall mean the actual earnings of
the employee in the employment in which he was working at the
time of the injury during the period of 52 weeks ending with
the last day of the employee's last full pay period immediately
preceding the date of injury, illness or disablement excluding
overtime, and bonus divided by 52; but if the injured employee
lost 5 or more calendar days during such period, whether or not
in the same week, then the earnings for the remainder of such
52 weeks shall be divided by the number of weeks and parts
thereof remaining after the time so lost has been deducted.
(2) Where the employment prior to the injury extended over
a period of less than 52 weeks, or the employment is
noncontinuous or less than full-time, or the employee lost one
or more calendar days during that period, the earnings earned

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during that period shall be divided by the number of weeks
during which the employee worked, regardless of the number of
hours worked during that week the method of dividing the
earnings during that period by the number of weeks and parts
thereof during which the employee actually earned wages shall
be followed.
(3) When the employee is working concurrently with 2 or
more employers and the respondent employer has knowledge of
such additional employment prior to the injury, the employee's
wages from all such employers shall be considered as if earned
from the employer liable for compensation.
(4) Each week during which the employee earned wages counts
as one week for purposes of computation under subdivisions (1),
(2), and (3), regardless of the number of hours worked during
that week.
(5) Where by reason of the shortness of the time during
which the employee has been in the employment of his employer
or of the casual nature or terms of the employment, it is
impractical to compute the average weekly wages as above
defined, regard shall be had to the average weekly amount which
during the 52 weeks previous to the injury, illness or
disablement was being or would have been earned by a person in
the same grade employed at the same work for each of such 52
weeks for the same number of hours per week by the same
employer. In the case of volunteer firemen, police and civil
defense members or trainees, the income benefits shall be based

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on the average weekly wage in their regular employment. When
the employee is working concurrently with two or more employers
and the respondent employer has knowledge of such employment
prior to the injury, his wages from all such employers shall be
considered as if earned from the employer liable for
compensation.
(Source: P.A. 81-1482.)
Section 99. Effective date. This Act takes effect upon
becoming law.