Chapter 820 — EMPLOYMENT

(820 ILCS 305/20) (from Ch. 48, par. 138.20) Sec. 20. If the Commission shall, before or after any hearing, proceeding, or review to any court, be satisfied that the employee is a poor person, and unable to pay the costs and expenses provided for by this Act, the Commission shall…

(820 ILCS 305/21) (from Ch. 48, par. 138.21) Sec. 21. No payment, claim, award or decision under this Act shall be assignable or subject to any lien, attachment or garnishment, or be held liable in any way for any lien, debt, penalty or damages, except the beneficiary or benefici…

(820 ILCS 305/23) (from Ch. 48, par. 138.23) Sec. 23. No employee, personal representative, or beneficiary shall have power to waive any of the provisions of this Act in regard to the amount of compensation which may be payable to such employee, personal representative or benefic…

(820 ILCS 305/24) (from Ch. 48, par. 138.24) Sec. 24. Any employer against whom liability may exist for compensation under this Act shall upon the order and direction of the Commission: (a) Deposit the commuted value of the total unpaid compensation for which such liability exist…

(820 ILCS 305/25) (from Ch. 48, par. 138.25) Sec. 25. The invalidity of any portion of this Act shall in no way affect the validity of any other portion thereof which can be given effect without such invalid part. If any of the provisions of this Act providing for compensation fo…

(820 ILCS 305/25.5) Sec. 25.5. Unlawful acts; penalties. (a) It is unlawful for any person, company, corporation, insurance carrier, healthcare provider, or other entity to: (1) Intentionally present or cause to be presented any false or fraudulent claim for the payment of any wo…

(820 ILCS 305/26) (from Ch. 48, par. 138.26) Sec. 26. Any wilful neglect, refusal or failure to do the things required to be done by any section, clause or provision of this Act, on the part of the persons herein required to do them, or any violation of any of the provisions or r…

(820 ILCS 305/26.1) Sec. 26.1. Misclassification of employees as independent contractors. The Department of Labor, the Department of Employment Security, the Department of Revenue, the Office of the State Comptroller, and the Illinois Workers' Compensation Commission shall cooper…

(820 ILCS 305/27) (from Ch. 48, par. 138.27) Sec. 27. "An Act to promote the general welfare of the people of this State by providing compensation for accidental injuries or death suffered in the course of employment within this State, and without this State where the contract of…

(820 ILCS 305/28) (from Ch. 48, par. 138.28) Sec. 28. This Act shall apply to all accidental injuries and deaths occurring on or after July 1, 1951. (Source: P.A. 86-1413.)

(820 ILCS 305/29) (from Ch. 48, par. 138.29) Sec. 29. Every rating organization operating under Article XXIX of the Illinois Insurance Code, every insurance company which makes its own rates under that Article, every service agency administering self-insurance for liabilities inc…

(820 ILCS 305/29.1) Sec. 29.1. Recalculation of premiums. On the effective date of this amendatory Act of the 97th General Assembly, the Director of Insurance shall immediately direct in writing any workers' compensation rate setting advisory organization to recalculate workers' …

(820 ILCS 305/29.2) Sec. 29.2. Insurance oversight. (a) The Department of Insurance shall annually submit to the Governor, the Chairman of the Commission, the President of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority…

(820 ILCS 305/3) (from Ch. 48, par. 138.3) Sec. 3. The provisions of this Act hereinafter following shall apply automatically and without election to the State, county, city, town, township, incorporated village or school district, body politic or municipal corporation, and to al…

(820 ILCS 305/30) (from Ch. 48, par. 138.30) Sec. 30. The provisions of this Act relating to self-insurance and the rules and regulations promulgated hereunder shall not be construed to be a limitation upon the powers of self-insurance granted to the State and units of local gove…

(820 ILCS 305/4) (from Ch. 48, par. 138.4) (Text of Section from P.A. 101-40, 102-37, and 103-590) Sec. 4. (a) Any employer, including but not limited to general contractors and their subcontractors, who shall come within the provisions of Section 3 of this Act, and any other emp…

(820 ILCS 305/4a) (from Ch. 48, par. 138.4a) Sec. 4a. (Repealed). (Source: P.A. 89-97, eff. 7-7-95. Repealed by P.A. 91-757, eff. 1-1-01.)

(820 ILCS 305/4a-1) (from Ch. 48, par. 138.4a-1) Sec. 4a-1. The Self-Insurers Advisory Board is hereby established within the Commission for the purpose of providing for the continuation of workers' compensation and occupational disease benefits due and unpaid or interrupted due …

(820 ILCS 305/4a-2) (from Ch. 48, par. 138.4a-2) Sec. 4a-2. As used in Sections 4a-1 through 4a-9: (a) "Board" means the Self-Insurers Advisory Board created by Section 4a-1. (b) "Chairman" means the Chairman of the Illinois Workers' Compensation Commission. (c) "Private self-ins…

(820 ILCS 305/4a-3) (from Ch. 48, par. 138.4a-3) Sec. 4a-3. (a) The Board shall consist of the Chairman of the Illinois Workers' Compensation Commission, as Chairman of the Board, and six other members appointed by the Chairman who shall be expert in matters of self-insurance for…

(820 ILCS 305/4a-4) (from Ch. 48, par. 138.4a-4) Sec. 4a-4. The Self-Insurers Advisory Board shall possess all powers necessary and convenient to accomplish the objects prescribed by this Act, including but not limited to the following: (a) The Board shall make such bylaws, rules…

(820 ILCS 305/4a-5) (from Ch. 48, par. 138.4a-5) Sec. 4a-5. There is hereby created a Self-Insurers Security Fund. The State Treasurer shall be the ex officio custodian of the Self-Insurers Security Fund. Moneys in the Fund shall be deposited in a separate account in the same man…

(820 ILCS 305/4a-6) (from Ch. 48, par. 138.4a-6) Sec. 4a-6. (a) Whenever a private self-insurer shall become an insolvent self-insurer and the surety, the guarantor, the excess insurance company and the holder of the securities, indemnities or bond provided by the insolvent self-…

(820 ILCS 305/4a-6.1) (from Ch. 48, par. 138.4a-6.1) Sec. 4a-6.1. There is hereby created a Self-Insurers Administration Fund. The State Treasurer shall be the ex-officio custodian of the Self-Insurers Administration Fund. Monies in the Self-Insurers Administration Fund shall be …

(820 ILCS 305/4a-7) (from Ch. 48, par. 138.4a-7) Sec. 4a-7. (a) The Commission may upon direction of the Board from time to time assess each of the private self-insurers a pro rata share of the funding reasonably necessary to carry out its activities under Sections 4a-1 through 4…

(820 ILCS 305/4a-8) (from Ch. 48, par. 138.4a-8) Sec. 4a-8. (a) The Board on behalf of the Commission shall have the right and obligation to obtain reimbursement from an insolvent self-insurer for compensation obligations in the amount of the insolvent self-insurer's workers' com…

(820 ILCS 305/4a-9) (from Ch. 48, par. 138.4a-9) Sec. 4a-9. The Board shall on behalf of the Commission review fully all initial applications to self-insure and all applications to renew employers' self-insurance privileges under this Act and the Workers' Occupational Diseases Ac…

(820 ILCS 305/4b) Sec. 4b. Collective bargaining pilot program. (a) The Director of the Department of Labor shall adopt a selection process to designate 2 international, national, or statewide organizations made up of affiliates who are the exclusive representatives of constructi…

(820 ILCS 305/4d) Sec. 4d. Illinois Workers' Compensation Commission Operations Fund Fee. (a) As of the effective date of this amendatory Act of the 93rd General Assembly, each employer that self-insures its liabilities arising under this Act or Workers' Occupational Diseases Act…

(820 ILCS 305/5) (from Ch. 48, par. 138.5) Sec. 5. Damages; minors; third-party liability. (a) Except as provided in Section 1.2, no common law or statutory right to recover damages from the employer, his insurer, his broker, any service organization that is wholly owned by the e…

(820 ILCS 305/6) (from Ch. 48, par. 138.6) Sec. 6. (a) Every employer within the provisions of this Act, shall, under the rules and regulations prescribed by the Commission, post printed notices in their respective places of employment in such number and at such places as may be …

(820 ILCS 305/7) Sec. 7. The amount of compensation which shall be paid for an accidental injury to the employee resulting in death is: (a) If the employee leaves surviving a widow, widower, child or children, the applicable weekly compensation rate computed in accordance with su…

(820 ILCS 305/8) (from Ch. 48, par. 138.8) Sec. 8. The amount of compensation which shall be paid to the employee for an accidental injury not resulting in death is: (a) The employer shall provide and pay the negotiated rate, if applicable, or the lesser of the health care provid…

(820 ILCS 305/8.1a) Sec. 8.1a. Preferred provider programs. Starting on the effective date of this amendatory Act of the 97th General Assembly, to satisfy its liabilities under this Act for the provision of medical treatment to injured employees, an employer may utilize a preferr…

(820 ILCS 305/8.1b) Sec. 8.1b. Determination of permanent partial disability. For accidental injuries that occur on or after September 1, 2011, permanent partial disability shall be established using the following criteria: (a) A physician licensed to practice medicine in all of …

(820 ILCS 305/8.2) Sec. 8.2. Fee schedule. (a) Except as provided for in subsection (c), for procedures, treatments, or services covered under this Act and rendered or to be rendered on and after February 1, 2006, the maximum allowable payment shall be 90% of the 80th percentile …

(820 ILCS 305/8.2a) Sec. 8.2a. Electronic claims. (a) The Director of Insurance shall adopt rules to do all of the following: (1) Ensure that all health care providers and facilities submit medical bills for payment on standardized forms. (2) Require acceptance by employers and i…

(820 ILCS 305/8.3) Sec. 8.3. Workers' Compensation Medical Fee Advisory Board. There is created a Workers' Compensation Medical Fee Advisory Board consisting of 9 members appointed by the Governor with the advice and consent of the Senate. Three members of the Advisory Board shal…

(820 ILCS 305/8.7) Sec. 8.7. Utilization review programs. (a) As used in this Section: "Utilization review" means the evaluation of proposed or provided health care services to determine the appropriateness of both the level of health care services medically necessary and the qua…

(820 ILCS 305/9) (from Ch. 48, par. 138.9) Sec. 9. Any employer or employee or beneficiary who shall desire to have such compensation, or any unpaid part thereof, paid in a lump sum, may petition the Commission, asking that such compensation be so paid. If, upon proper notice to …

(820 ILCS 310/1) (from Ch. 48, par. 172.36) Sec. 1. This Act shall be known and may be cited as the "Workers' Occupational Diseases Act". (a) The term "employer" as used in this Act shall be construed to be: 1. The State and each county, city, town, township, incorporated village…

(820 ILCS 310/1.1) Sec. 1.1. Permitted civil actions. Subsection (a) of Section 5 and Section 11 do not apply to any injury or death resulting from an occupational disease as to which the recovery of compensation benefits under this Act would be precluded due to the operation of …

(820 ILCS 310/10) (from Ch. 48, par. 172.45) Sec. 10. The basis for computing the compensation provided for in Sections 7 and 8 of the Act shall be as follows: (a) The compensation shall be computed on the basis of the annual earnings which the person with a disability received a…

(820 ILCS 310/11) (from Ch. 48, par. 172.46) Sec. 11. Measure of liability. Except as provided in Section 1.1, the compensation herein provided for shall be the full, complete and only measure of the liability of the employer bound by election under this Act and such employer's l…

(820 ILCS 310/12) (from Ch. 48, par. 172.47) Sec. 12. (a) An employee entitled to receive disability payments shall be required, if requested by the employer, to submit himself, at the expense of the employer, for examination to a duly qualified medical practitioner or surgeon se…

(820 ILCS 310/13) (from Ch. 48, par. 172.48) Sec. 13. The Illinois Workers' Compensation Commission shall have jurisdiction over the operation and administration of this Act and it shall have, exercise, perform and discharge the same rights, powers and duties with reference to th…

(820 ILCS 310/14) (from Ch. 48, par. 172.49) Sec. 14. The members of the Commission, Arbitrators and other employees whose duties require them to travel, shall have reimbursed to them their actual traveling expenses and disbursements made or incurred by them in the discharge of t…

(820 ILCS 310/15) (from Ch. 48, par. 172.50) Sec. 15. The Commission shall report in writing to the Governor on the 30th day of June, annually, the details and results of its administration of this Act, and may prepare and issue such special bulletins and reports from time to tim…

(820 ILCS 310/16) (from Ch. 48, par. 172.51) Sec. 16. The Commission shall make and publish procedural rules and orders for carrying out the duties imposed upon it by law, which rules and orders shall be deemed prima facie reasonable and valid. The process and procedure before th…

(820 ILCS 310/16a) (from Ch. 48, par. 172.51a) Sec. 16a. (A) In the establishment or approval of attorney's fees in relation to claims brought under this Act, the Commission shall be guided by the provisions of this Section and by the legislative intent, hereby declared, to encou…