IllinoisHB5228104th General Assembly (2025–2026)HouseWALLET

WORK COMP-STATE LICENSURE

Sponsored By: Sponsor information unavailable

Became Law

Summary

Amends the Workers' Compensation Act. Provides that any corporation, limited liability company, or partnership engaged in activities requiring licensure by a State agency, for which proof that it has insured its workers' compensation liability is a requirement for licensure, that fails to satisfy specified requirements, shall be subject to civil penalties under the Act unless it shows by clear and convincing evidence that it was not operating during the time its license was active.

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 0 benefits, 6 costs, 2 mixed.

Construction firms must use local rates

Construction employers must pay workers’ comp premiums using the Illinois project’s local rate, no matter where the company is based. Breaking this rule can bring fines up to $1,000 per day, capped at $50,000 per project. Penalties go to the Workers’ Compensation Commission Operations Fund.

Lower burial payment in fatal claims

For a work‑related death, the burial payment is now $8,000, down from $10,000. The $8,000 goes to the widow or widower, dependents, next of kin, or the person who paid the burial. This change takes effect June 5, 2024.

Stronger penalties for no workers’ comp

Investigators can cite employers that lack required coverage. Fines are $500 to $2,500, and you must show proof of insurance within 10 days. After a hearing, the Commission can issue stop‑work orders for knowing noncoverage; each day can be a separate crime (Class 4 felony if knowing, Class A misdemeanor if negligent). Employers without coverage lose Act protections and can be sued. Licensed corporations, LLCs, and partnerships that fail to show required proof can face civil penalties unless they prove they were not operating. These rules take effect June 5, 2024.

New 1.092% fee on workers’ comp premiums

Beginning within 15 days after June 5, 2024, insurers add a 1.092% line‑item to workers’ comp premiums and collect it each July 1 after. Self‑insured employers that paid the Section 4d fee are exempt. Unpaid surcharge amounts of $100 or more accrue a 10% penalty for each month unpaid. The state can use normal debt‑collection tools and issues two‑year credits for overpayments. The Insurance Director can defer or waive payments to protect a company’s solvency, and the Governor may move up to 2% of yearly receipts to the Insurance Financial Regulation Fund.

Higher employer payments to Rate Adjustment Fund

Starting with payments due after July 15, 2024, employers must pay 1.375% of compensation paid in the first half of the year within 60 days. Starting with payments due after January 15, 2025, they must pay 1.375% of compensation from the last half of the prior year within 60 days. These assessments fund the Rate Adjustment Fund.

Extra 2026 fee on profitable insurers

On or before July 1, 2026, and every July 1 after, workers’ comp insurers with an Illinois underwriting gain owe an extra charge. The percent equals that year’s funding target divided by last year’s statewide underwriting gain. The target is $7,000,000 in 2026 and rises 3.5% each year. The state must publish the math and data before billing companies.

Doctor exam rules, deadlines, and travel pay

If your employer asks for an exam, the doctor must be board‑certified in the same specialty and send the report within 90 days after your records are received. Missing this deadline creates a presumption the employer owes extra compensation. If you live in Illinois, the employer must advance travel money, pay for meals, and repay lost wages for the trip. If you refuse or block a required exam, your benefits pause until you comply. Surgeons for either side must share the same written report at least 48 hours before the hearing, or that surgeon cannot testify. If death is likely during employer‑arranged care, a second surgeon must examine the patient, paid for by the worker or beneficiaries.

New rules for leasing firms and carriers

Employee leasing companies must give the Commission client lists, FEINs, job sites, and coverage certificates for each policy. Carriers must send the compliance certificate within five days after the policy starts. A certified policy cannot end until at least 10 days after the Commission gets notice, unless a replacement policy takes effect sooner.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Bill Cunningham

    Affiliation unavailable

  • Jay Hoffman

    Affiliation unavailable

  • Matt Hanson

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 249 • No: 94

House vote 5/31/2026

Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Labor & Commerce Committee;

Yes: 18 • No: 10

House vote 5/31/2026

Senate Floor Amendment No. 2 House Concurs

Yes: 89 • No: 27

Senate vote 5/30/2026

Third Reading - Passed;

Yes: 39 • No: 19

Senate vote 5/29/2026

Senate Floor Amendment No. 2 Recommend Do Adopt Executive;

Yes: 9 • No: 4

House vote 4/17/2026

Third Reading - Standard Debate - Passed

Yes: 76 • No: 24

House vote 3/26/2026

Do Pass / Short Debate Labor & Commerce Committee;

Yes: 18 • No: 10

Actions Timeline

  1. Public Act . . . . . . . . . 104-0792

    8/7/2026House
  2. Effective Date August 7, 2026

    8/7/2026House
  3. Governor Approved

    8/7/2026House
  4. Sent to the Governor

    6/26/2026House
  5. Added Co-Sponsor Rep. Matt Hanson

    5/31/2026House
  6. Passed Both Houses

    5/31/2026House
  7. House Concurs

    5/31/2026House
  8. Senate Floor Amendment No. 2 House Concurs 089-027-000

    5/31/2026House
  9. Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 018-010-000

    5/31/2026House
  10. Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Labor & Commerce Committee

    5/30/2026House
  11. Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee

    5/30/2026House
  12. Senate Floor Amendment No. 2 Motion Filed Concur Rep. Jay Hoffman

    5/30/2026House
  13. Placed on Calendar Order of Concurrence Senate Amendment(s) 2

    5/30/2026House
  14. Arrived in House

    5/30/2026House
  15. Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

    5/30/2026Senate
  16. Third Reading - Passed; 039-019-000

    5/30/2026Senate
  17. Placed on Calendar Order of 3rd Reading

    5/30/2026Senate
  18. Senate Floor Amendment No. 2 Adopted; Cunningham

    5/30/2026Senate
  19. Recalled to Second Reading

    5/30/2026Senate
  20. Senate Floor Amendment No. 2 Recommend Do Adopt Executive; 009-004-000

    5/29/2026Senate
  21. Senate Floor Amendment No. 2 Assignments Refers to Executive

    5/29/2026Senate
  22. Senate Floor Amendment No. 2 Referred to Assignments

    5/29/2026Senate
  23. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Bill Cunningham

    5/29/2026Senate
  24. Placed on Calendar Order of 3rd Reading May 30, 2026

    5/29/2026Senate
  25. Second Reading

    5/29/2026Senate

Bill Text

  • Engrossed

  • Enrolled

  • Introduced

  • Senate Amendment 1

  • Senate Amendment 2

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