Bill Text: IL SB0660 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Workers' Compensation Act in relation to repetitive injuries. Provides that an accidental injury that results from repetitive or cumulative trauma and occurs within 6 months after the employee begins employment shall not be considered by a workers' compensation insurer in setting premium rates. Provides for contribution by prior employers with respect to awards for repetitive or cumulative injuries. Amends the Illinois Administrative Procedure Act to authorize emergency rulemaking.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-10 - Rule 3-9(a) / Re-referred to Assignments [SB0660 Detail]

Download: Illinois-2021-SB0660-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB0660 Introduced 2/24/2021, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
5 ILCS 100/5-45.8 new
820 ILCS 305/8.1 new
Amends the Workers' Compensation Act in relation to repetitive injuries. Provides that an accidental injury that results from repetitive or cumulative trauma and occurs within 6 months after the employee begins employment shall not be considered by a workers' compensation insurer in setting rates. Provides for contribution by prior employers with respect to awards for repetitive or cumulative injuries. Amends the Illinois Administrative Procedure Act to authorize emergency rulemaking.
LRB102 11445 JLS 16778 b
A BILL FOR
SB0660 LRB102 11445 JLS 16778 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.8 as follows:
(5 ILCS 100/5-45.8 new)
Sec. 5-45.8. Emergency rulemaking; Section 8.1 of the
Workers' Compensation Act. To provide for the expeditious and
timely implementation of Section 8.1 of the Workers'
Compensation Act, emergency rules implementing that Section
may be adopted in accordance with Section 5-45 by the Illinois
Workers' Compensation Commission. The adoption of emergency
rules authorized by Section 5-45 and this Section is deemed to
be necessary for the public interest, safety, and welfare.
This Section is repealed on January 1, 2027.
Section 5. The Workers' Compensation Act is amended by
adding Section 8.1 as follows:
(820 ILCS 305/8.1 new)
Sec. 8.1. Repetitive and cumulative injuries; right of
contribution.
(a) Any accidental injury which results from repetitive or

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cumulative trauma and occurs within 6 months after the
employee begins his or her employment shall not be considered
by a workers' compensation insurer in setting the premium rate
for the employer.
(b) If an award is made for benefits in connection with
repetitive or cumulative injury resulting from employment with
more than one employer, the employer liable for award or its
insurer is entitled to contributions or reimbursement from
each of the employee's prior employers which are subject to
this Act or their insurers for the prior employer's pro rata
share of responsibility as determined by the Commission. The
right to contribution or reimbursement under this Section
shall not delay, diminish, restrict, or alter in any way the
benefits to which the employee or his or her dependents are
entitled under this Act. At any time within one year after the
Commission or the Arbitrator has made an award for benefits in
connection with repetitive or cumulative injury, the employer
liable under the award or its insurer may institute
proceedings before the Commission for the purpose of
determining the right of contribution or reimbursement. The
proceeding shall not delay, diminish, restrict, or alter in
any way the benefits to which the employee or his or her
dependents are entitled under this Act, but shall be limited
to a determination of the respective contribution or
reimbursement rights and the responsibilities of all the
employers joined in the proceeding. The employee has the duty

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of rendering reasonable cooperation in any of such
proceedings.
(c) No contribution or reimbursement may be sought for any
payment of benefits more than 2 years after the employer
seeking contribution or reimbursement has made the payment.
(d) This Section shall apply only to injuries occurring on
or after the effective date of this amendatory Act of the 102nd
General Assembly.
(e) The Commission shall adopt emergency rules under
Section 5-45 of the Illinois Administrative Procedure Act to
implement the provisions of this Section.