WORK COMP-BURIAL EXPENSES

Illinois General Assembly - Full Text of HB4177

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4177

Introduced 10/28/2025, by Rep. Martha Deuter

SYNOPSIS AS INTRODUCED:

820 ILCS 305/7

Amends the Workers' Compensation Act. Provides that the sum of
$10,000 (rather than $8,000) for burial expenses shall be paid by the
employer to the widow or widower, other dependent, next of kin, or person
or persons incurring the expense of burial.
LRB104 14073 SPS 27205 b

A BILL FOR

HB4177
LRB104 14073 SPS 27205 b
1

AN ACT concerning employment.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Workers' Compensation Act is amended by
5
changing Section 7 as follows:

6

(820 ILCS 305/7)
7

Sec. 7.
The amount of compensation which shall be paid for
8
an accidental injury to the employee resulting in death is:
9

(a) If the employee leaves surviving a widow, widower,
10
child or children, the applicable weekly compensation rate
11
computed in accordance with subparagraph 2 of paragraph (b) of
12
Section 8, shall be payable during the life of the widow or
13
widower and if any surviving child or children shall not be
14
physically or mentally incapacitated then until the death of
15
the widow or widower or until the youngest child shall reach
16
the age of 18, whichever shall come later; provided that if
17
such child or children shall be enrolled as a
full-time

full
18
time
student in any accredited educational institution, the
19
payments shall continue until such child has attained the age
20
of 25. In the event any surviving child or children shall be
21
physically or mentally incapacitated, the payments shall
22
continue for the duration of such incapacity.
23

The term "child" means a child whom the deceased employee

HB4177
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LRB104 14073 SPS 27205 b
1
left surviving, including a posthumous child, a child legally
2
adopted, a child whom the deceased employee was legally
3
obligated to support or a child to whom the deceased employee
4
stood in loco parentis. The term "children" means the plural
5
of "child".
6

The term "physically or mentally incapacitated child or
7
children" means a child or children incapable of engaging in
8
regular and substantial gainful employment.
9

In the event of the remarriage of a widow or widower, where
10
the decedent did not leave surviving any child or children
11
who, at the time of such remarriage, are entitled to
12
compensation benefits under this Act, the surviving spouse
13
shall be paid a lump sum equal to 2 years compensation benefits
14
and all further rights of such widow or widower shall be
15
extinguished.
16

If the employee leaves surviving any child or children
17
under 18 years of age who at the time of death shall be
18
entitled to compensation under this paragraph (a) of this
19
Section, the weekly compensation payments herein provided for
20
such child or children shall in any event continue for a period
21
of not less than 6 years.
22

Any beneficiary entitled to compensation under this
23
paragraph (a) of this Section shall receive from the special
24
fund provided in paragraph (f) of this Section, in addition to
25
the compensation herein provided, supplemental benefits in
26
accordance with paragraph (g) of Section 8.

HB4177
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LRB104 14073 SPS 27205 b
1

(b) If no compensation is payable under paragraph (a) of
2
this Section and the employee leaves surviving a parent or
3
parents who at the time of the accident were totally dependent
4
upon the earnings of the employee then weekly payments equal
5
to the compensation rate payable in the case where the
6
employee leaves surviving a widow or widower, shall be paid to
7
such parent or parents for the duration of their lives, and in
8
the event of the death of either, for the life of the survivor.
9

(c) If no compensation is payable under
paragraph

10
paragraphs
(a) or (b) of this Section and the employee leaves
11
surviving any child or children who are not entitled to
12
compensation under the foregoing paragraph (a) but who at the
13
time of the accident were nevertheless in any manner dependent
14
upon the earnings of the employee, or leaves surviving a
15
parent or parents who at the time of the accident were
16
partially dependent upon the earnings of the employee, then
17
there shall be paid to such dependent or dependents for a
18
period of 8 years weekly compensation payments at such
19
proportion of the applicable rate if the employee had left
20
surviving a widow or widower as such dependency bears to total
21
dependency. In the event of the death of any such beneficiary
22
the share of such beneficiary shall be divided equally among
23
the surviving beneficiaries and in the event of the death of
24
the last such beneficiary all the rights under this paragraph
25
shall be extinguished.
26

(d) If no compensation is payable under
paragraph

HB4177
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LRB104 14073 SPS 27205 b
1
paragraphs
(a), (b)
,
or (c) of this Section and the employee
2
leaves surviving any grandparent, grandparents, grandchild or
3
grandchildren or collateral heirs dependent upon the
4
employee's earnings to the extent of 50% or more of total
5
dependency, then there shall be paid to such dependent or
6
dependents for a period of 5 years weekly compensation
7
payments at such proportion of the applicable rate if the
8
employee had left surviving a widow or widower as such
9
dependency bears to total dependency. In the event of the
10
death of any such beneficiary the share of such beneficiary
11
shall be divided equally among the surviving beneficiaries and
12
in the event of the death of the last such beneficiary all
13
rights hereunder shall be extinguished.
14

(e) The compensation to be paid for accidental injury
15
which results in death, as provided in this Section, shall be
16
paid to the persons who form the basis for determining the
17
amount of compensation to be paid by the employer, the
18
respective shares to be in the proportion of their respective
19
dependency at the time of the accident on the earnings of the
20
deceased. The Commission or an Arbitrator thereof may, in its
21
or his discretion, order or award the payment to the parent or
22
grandparent of a child for the latter's support the amount of
23
compensation which but for such order or award would have been
24
paid to such child as its share of the compensation payable,
25
which order or award may be modified from time to time by the
26
Commission in its discretion with respect to the person to

HB4177
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LRB104 14073 SPS 27205 b
1
whom shall be paid the amount of the order or award remaining
2
unpaid at the time of the modification.
3

The payments of compensation by the employer in accordance
4
with the order or award of the Commission discharges such
5
employer from all further obligation as to such compensation.
6

(f) The sum of
$10,000

$8,000
for burial expenses shall be
7
paid by the employer to the widow or widower, other dependent,
8
next of kin or to the person or persons incurring the expense
9
of burial.
10

In the event the employer failed to provide necessary
11
first aid, medical, surgical or hospital service, he shall pay
12
the cost thereof to the person or persons entitled to
13
compensation under paragraphs (a), (b), (c)
,
or (d) of this
14
Section, or to the person or persons incurring the obligation
15
therefore, or providing the same.
16

On January 15 and July 15, 1981, and on January 15 and July
17
15 of each year thereafter the employer shall within 60 days
18
pay a sum equal to 1/8 of 1% of all compensation payments made
19
by him after July 1, 1980, either under this Act or the
20
Workers' Occupational Diseases Act, whether by lump sum
21
settlement or weekly compensation payments, but not including
22
hospital, surgical or rehabilitation payments, made during the
23
first 6 months and during the second 6 months respectively of
24
the fiscal year next preceding the date of the payments, into a
25
special fund which shall be designated the "Second Injury
26
Fund", of which the State Treasurer is
ex officio

ex-officio

HB4177
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LRB104 14073 SPS 27205 b
1
custodian, such special fund to be held and disbursed for the
2
purposes hereinafter stated in paragraphs (f) and (g) of
3
Section 8, either upon the order of the Commission or of a
4
competent court. Said special fund shall be deposited the same
5
as are State funds and any interest accruing thereon shall be
6
added thereto every 6 months. It is subject to audit the same
7
as State funds and accounts and is protected by the General
8
bond given by the State Treasurer. It is considered always
9
appropriated for the purposes of disbursements as provided in
10
paragraph (f) of
Section 8
, paragraph (f),
of this Act, and
11
shall be paid out and disbursed as therein provided and shall
12
not at any time be appropriated or diverted to any other use or
13
purpose.
14

On January 15, 1991, the employer shall further pay a sum
15
equal to one half of 1% of all compensation payments made by
16
him from January 1, 1990 through June 30, 1990 either under
17
this Act or under the Workers' Occupational Diseases Act,
18
whether by lump sum settlement or weekly compensation
19
payments, but not including hospital, surgical or
20
rehabilitation payments, into an additional Special Fund which
21
shall be designated as the "Rate Adjustment Fund". On March
22
15, 1991, the employer shall pay into the Rate Adjustment Fund
23
a sum equal to one half of 1% of all such compensation payments
24
made from July 1, 1990 through December 31, 1990. Within 60
25
days after July 15, 1991, the employer shall pay into the Rate
26
Adjustment Fund a sum equal to one half of 1% of all such

HB4177
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LRB104 14073 SPS 27205 b
1
compensation payments made from January 1, 1991 through June
2
30, 1991. Within 60 days after January 15 of 1992 and each
3
subsequent year through 1996, the employer shall pay into the
4
Rate Adjustment Fund a sum equal to one half of 1% of all such
5
compensation payments made in the last 6 months of the
6
preceding calendar year. Within 60 days after July 15 of 1992
7
and each subsequent year through 1995, the employer shall pay
8
into the Rate Adjustment Fund a sum equal to one half of 1% of
9
all such compensation payments made in the first 6 months of
10
the same calendar year. Within 60 days after January 15 of 1997
11
and each subsequent year through 2005, the employer shall pay
12
into the Rate Adjustment Fund a sum equal to three-fourths of
13
1% of all such compensation payments made in the last 6 months
14
of the preceding calendar year. Within 60 days after July 15 of
15
1996 and each subsequent year through 2004, the employer shall
16
pay into the Rate Adjustment Fund a sum equal to three-fourths
17
of 1% of all such compensation payments made in the first 6
18
months of the same calendar year. Within 60 days after July 15
19
of 2005, the employer shall pay into the Rate Adjustment Fund a
20
sum equal to 1% of such compensation payments made in the first
21
6 months of the same calendar year. Within 60 days after
22
January 15 of 2006 and each subsequent year through 2024, the
23
employer shall pay into the Rate Adjustment Fund a sum equal to
24
1.25% of such compensation payments made in the last 6 months
25
of the preceding calendar year. Within 60 days after July 15 of
26
2006 and each subsequent year through 2023, the employer shall

HB4177
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LRB104 14073 SPS 27205 b
1
pay into the Rate Adjustment Fund a sum equal to 1.25% of such
2
compensation payments made in the first 6 months of the same
3
calendar year. Within 60 days after July 15 of 2024 and each
4
subsequent year thereafter, the employer shall pay into the
5
Rate Adjustment Fund a sum equal to 1.375% of such
6
compensation payments made in the first 6 months of the same
7
calendar year. Within 60 days after January 15 of 2025 and each
8
subsequent year thereafter, the employer shall pay into the
9
Rate Adjustment Fund a sum equal to 1.375% of such
10
compensation payments made in the last 6 months of the
11
preceding calendar year. The administrative costs of
12
collecting assessments from employers for the Rate Adjustment
13
Fund shall be paid from the Rate Adjustment Fund. The cost of
14
an actuarial audit of the Fund shall be paid from the Rate
15
Adjustment Fund. The State Treasurer is ex officio custodian
16
of such Special Fund and the same shall be held and disbursed
17
for the purposes hereinafter stated in paragraphs (f) and (g)
18
of Section 8 upon the order of the Commission or of a competent
19
court. The Rate Adjustment Fund shall be deposited the same as
20
are State funds and any interest accruing thereon shall be
21
added thereto every 6 months. It shall be subject to audit the
22
same as State funds and accounts and shall be protected by the
23
general bond given by the State Treasurer. It is considered
24
always appropriated for the purposes of disbursements as
25
provided in paragraphs (f) and (g) of Section 8 of this Act and
26
shall be paid out and disbursed as therein provided and shall

HB4177
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LRB104 14073 SPS 27205 b
1
not at any time be appropriated or diverted to any other use or
2
purpose. Within 5 days after
December 7, 1990 (
the effective
3
date of
Public Act 86-1448)

this amendatory Act of 1990
, the
4
Comptroller and the State Treasurer shall transfer $1,000,000
5
from the General Revenue Fund to the Rate Adjustment Fund. By
6
February 15, 1991, the Comptroller and the State Treasurer
7
shall transfer $1,000,000 from the Rate Adjustment Fund to the
8
General Revenue Fund. The Comptroller and Treasurer are
9
authorized to make transfers at the request of the Chairman up
10
to a total of $19,000,000 from the Second Injury Fund, the
11
General Revenue Fund, and the Workers' Compensation Benefit
12
Trust Fund to the Rate Adjustment Fund to the extent that there
13
is insufficient money in the Rate Adjustment Fund to pay
14
claims and obligations. Amounts may be transferred from the
15
General Revenue Fund only if the funds in the Second Injury
16
Fund or the Workers' Compensation Benefit Trust Fund are
17
insufficient to pay claims and obligations of the Rate
18
Adjustment Fund. All amounts transferred from the Second
19
Injury Fund, the General Revenue Fund, and the Workers'
20
Compensation Benefit Trust Fund shall be repaid from the Rate
21
Adjustment Fund within 270 days of a transfer, together with
22
interest at the rate earned by moneys on deposit in the Fund or
23
Funds from which the moneys were transferred.
24

Upon a finding by the Commission, after reasonable notice
25
and hearing, that any employer has willfully and knowingly
26
failed to pay the proper amounts into the Second Injury Fund or

HB4177
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LRB104 14073 SPS 27205 b
1
the Rate Adjustment Fund required by this Section or if such
2
payments are not made within the time periods prescribed by
3
this Section, the employer shall, in addition to such
4
payments, pay a penalty of 20% of the amount required to be
5
paid or $2,500, whichever is greater, for each year or part
6
thereof of such failure to pay. This penalty shall only apply
7
to obligations of an employer to the Second Injury Fund or the
8
Rate Adjustment Fund accruing after
December 18, 1989 (
the
9
effective date of
Public Act 86-998)

this amendatory Act of
10
1989
. All or part of such a penalty may be waived by the
11
Commission for good cause shown.
12

Any obligations of an employer to the Second Injury Fund
13
and Rate Adjustment Fund accruing prior to
December 18, 1989
14
(
the effective date of
Public Act 86-998)

this amendatory Act
15
of 1989
shall be paid in full by such employer within 5 years
16
of
December 18, 1989 (
the effective date of
Public Act 86-998)

17
this amendatory Act of 1989
, with at least one-fifth of such
18
obligation to be paid during each year following
December 18,
19
1989 (
the effective date of
Public Act 86-998)

this amendatory
20
Act of 1989
. If the Commission finds, following reasonable
21
notice and hearing, that an employer has failed to make timely
22
payment of any obligation accruing under the preceding
23
sentence, the employer shall, in addition to all other
24
payments required by this Section, be liable for a penalty
25
equal to 20% of the overdue obligation or $2,500, whichever is
26
greater, for each year or part thereof that obligation is

HB4177
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LRB104 14073 SPS 27205 b
1
overdue. All or part of such a penalty may be waived by the
2
Commission for good cause shown.
3

The Chairman of the Illinois Workers' Compensation
4
Commission shall, annually, furnish to the Director of the
5
Department of Insurance a list of the amounts paid into the
6
Second Injury Fund and the Rate Adjustment Fund by each
7
insurance company on behalf of their insured employers. The
8
Director shall verify to the Chairman that the amounts paid by
9
each insurance company are accurate as best as the Director
10
can determine from the records available to the Director. The
11
Chairman shall verify that the amounts paid by each
12
self-insurer are accurate as best as the Chairman can
13
determine from records available to the Chairman. The Chairman
14
may require each self-insurer to provide information
15
concerning the total compensation payments made upon which
16
contributions to the Second Injury Fund and the Rate
17
Adjustment Fund are predicated and any additional information
18
establishing that such payments have been made into these
19
funds. Any deficiencies in payments noted by the Director or
20
Chairman shall be subject to the penalty provisions of this
21
Act.
22

The State Treasurer, or his duly authorized
23
representative, shall be named as a party to all proceedings
24
in all cases involving claim for the loss of, or the permanent
25
and complete loss of the use of one eye, one foot, one leg, one
26
arm or one hand.

HB4177
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LRB104 14073 SPS 27205 b
1

The State Treasurer or his duly authorized agent shall
2
have the same rights as any other party to the proceeding,
3
including the right to petition for review of any award. The
4
reasonable expenses of litigation, such as medical
5
examinations, testimony, and transcript of evidence, incurred
6
by the State Treasurer or his duly authorized representative,
7
shall be borne by the Second Injury Fund.
8

If the award is not paid within 30 days after the date the
9
award has become final, the Commission shall proceed to take
10
judgment thereon in its own name as is provided for other
11
awards by paragraph (g) of Section 19 of this Act and take the
12
necessary steps to collect the award.
13

Any person, corporation or organization who has paid or
14
become liable for the payment of burial expenses of the
15
deceased employee may in his or its own name institute
16
proceedings before the Commission for the collection thereof.
17

For the purpose of administration, receipts and
18
disbursements, the Special Fund provided for in paragraph (f)
19
of this Section shall be administered jointly with the Special
20
Fund provided for in
paragraph (f) of
Section 7
, paragraph (f)

21
of the Workers' Occupational Diseases Act.
22

(g) All compensation, except for burial expenses provided
23
in this Section to be paid in case accident results in death,
24
shall be paid in installments equal to the percentage of the
25
average earnings as provided for in
paragraph (b) of
Section
26
8
, paragraph (b)
of this Act, at the same intervals at which

HB4177
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LRB104 14073 SPS 27205 b
1
the wages or earnings of the employees were paid. If this is
2
not feasible, then the installments shall be paid weekly. Such
3
compensation may be paid in a lump sum upon petition as
4
provided in Section 9 of this Act. However, in addition to the
5
benefits provided by Section 9 of this Act where compensation
6
for death is payable to the deceased's widow, widower or to the
7
deceased's widow, widower and one or more children, and where
8
a partial lump sum is applied for by such beneficiary or
9
beneficiaries within 18 months after the deceased's death, the
10
Commission may, in its discretion, grant a partial lump sum of
11
not to exceed 100 weeks of the compensation capitalized at
12
their present value upon the basis of interest calculated at
13
3% per annum with annual rests, upon a showing that such
14
partial lump sum is for the best interest of such beneficiary
15
or beneficiaries.
16

(h) In case the injured employee is under 16 years of age
17
at the time of the accident and is illegally employed, the
18
amount of compensation payable under paragraphs (a), (b), (c),
19
(d)
,
and (f) of this Section shall be increased 50%.
20

Nothing herein contained repeals or amends the provisions
21
of the Child Labor Law of 2024 relating to the employment of
22
minors under the age of 16 years.
23

However, where an employer has on file an employment
24
certificate issued pursuant to the Child Labor Law of 2024 or
25
work permit issued pursuant to the Federal Fair Labor
26
Standards Act, as amended, or a birth certificate properly and

HB4177
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LRB104 14073 SPS 27205 b
1
duly issued, such certificate, permit or birth certificate is
2
conclusive evidence as to the age of the injured minor
3
employee for the purposes of this Section only.
4

(i) Whenever the dependents of a deceased employee are
5
noncitizens not residing in the United States, Mexico or
6
Canada, the amount of compensation payable is limited to the
7
beneficiaries described in paragraphs (a), (b)
,
and (c) of
8
this Section and is 50% of the compensation provided in
9
paragraphs (a), (b)
,
and (c) of this Section, except as
10
otherwise provided by treaty.
11

In a case where any of the persons who would be entitled to
12
compensation is living at any place outside of the United
13
States, then payment shall be made to the personal
14
representative of the deceased employee. The distribution by
15
such personal representative to the persons entitled shall be
16
made to such persons and in such manner as the Commission
17
orders.
18
(Source: P.A. 102-1030, eff. 5-27-22; 103-590, eff. 6-5-24;
19
103-721, eff. 1-1-25; revised 10-10-24.)

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