100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2335
 
Introduced 1/24/2018, by Sen. Laura M. Murphy
 
SYNOPSIS AS INTRODUCED:
 

 
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.
  


LRB100 17494 JLS 32663 b

 
 
A BILL FOR
 

  
SB2335LRB100 17494 JLS 32663 b


  
1    AN ACT concerning employment.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Workers' Compensation Act is amended  by 
5adding Section 8.1 as follows:
 
6    (820 ILCS 305/8.1 new)
7    Sec. 8.1. Repetitive and cumulative injuries; right of 
8contribution.
9    (a) Any accidental injury which results from repetitive or 
10cumulative trauma and occurs within 6 months after the employee 
11begins his or her employment shall not be considered by a 
12workers' compensation insurer in setting the premium rate for 
13the employer.
14    (b)  If an award is made for benefits in connection with 
15repetitive or cumulative injury resulting from employment with 
16more than one employer, the employer liable for award or its 
17insurer is entitled to contributions or reimbursement from each 
18of the employee's prior employers which are subject to this Act 
19or their insurers for the prior employer's pro rata share of 
20responsibility as determined by the Commission. The right to 
21contribution or reimbursement under this Section shall not 
22delay, diminish, restrict, or alter in any way the benefits to 
23which the employee or his or her dependents are entitled under 
 
 
SB2335- 2 -LRB100 17494 JLS 32663 b

1this Act.  At any time within one year after the Commission or 
2the Arbitrator has made an award for benefits in connection 
3with repetitive or cumulative injury, the employer liable under 
4the award or its insurer may institute proceedings before the 
5Commission for the purpose of determining the right of 
6contribution or reimbursement. The proceeding shall not delay, 
7diminish, restrict, or alter in any way the benefits to which 
8the employee or his or her dependents are entitled under this 
9Act, but shall be limited to a determination of the respective 
10contribution or reimbursement rights and the responsibilities 
11of all the employers joined in the proceeding. The employee has 
12the duty of rendering reasonable cooperation in any of such 
13proceeding.
14    (c) No contribution or reimbursement may be sought for any 
15payment of benefits more than 2 years after the employer 
16seeking contribution or reimbursement has made the payment.
17    (d) This Section shall apply only to injuries occurring on 
18or after the effective date of this amendatory Act of the 100th 
19General Assembly.
20    (e) The Commission shall adopt emergency rules under 
21Section 5-45 of the Illinois Administrative Procedure Act to 
22implement the provisions of this Section.