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Full Text of HB4226
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HB4226 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4226
Introduced 1/14/2026, by Rep. Anna Moeller
SYNOPSIS AS INTRODUCED:
820 ILCS 305/6
from Ch. 48, par. 138.6
Amends the Workers' Compensation Act. Provides that any condition or
impairment of health of an employee employed as a hospital security guard
which results directly or indirectly from specified diseases or conditions
resulting in any disability to the employee shall be rebuttably presumed
to arise out of and in the course of the employee's hospital security
employment.
LRB104 16479 SPS 29874 b
A BILL FOR
HB4226
LRB104 16479 SPS 29874 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 6 as follows:
6
(820 ILCS 305/6)
(from Ch. 48, par. 138.6)
7
Sec. 6.
(a) Every employer within the provisions of this
8
Act, shall, under the rules and regulations prescribed by the
9
Commission, post printed notices in their respective places of
10
employment in such number and at such places as may be
11
determined by the Commission, containing such information
12
relative to this Act as in the judgment of the Commission may
13
be necessary to aid employees to safeguard their rights under
14
this Act in event of injury.
15
In addition thereto, the employer shall post in a
16
conspicuous place on the place of the employment a printed or
17
typewritten notice stating whether he is insured or whether he
18
has qualified and is operating as a self-insured employer. In
19
the event the employer is insured, the notice shall state the
20
name and address of his insurance carrier, the number of the
21
insurance policy, its effective date and the date of
22
termination. In the event of the termination of the policy for
23
any reason prior to the termination date stated, the posted
HB4226
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LRB104 16479 SPS 29874 b
1
notice shall promptly be corrected accordingly. In the event
2
the employer is operating as a self-insured employer the
3
notice shall state the name and address of the company, if any,
4
servicing the compensation payments of the employer, and the
5
name and address of the person in charge of making
6
compensation payments.
7
(b) Every employer subject to this Act shall maintain
8
accurate records of work-related deaths, injuries and illness
9
other than minor injuries requiring only first aid treatment
10
and which do not involve medical treatment, loss of
11
consciousness, restriction of work or motion, or transfer to
12
another job and file with the Commission, in writing, a report
13
of all accidental deaths, injuries and illnesses arising out
14
of and in the course of the employment resulting in the loss of
15
more than 3 scheduled work days. In the case of death such
16
report shall be made no later than 2 working days following the
17
accidental death. In all other cases such report shall be made
18
between the 15th and 25th of each month unless required to be
19
made sooner by rule of the Commission. In case the injury
20
results in permanent disability, a further report shall be
21
made as soon as it is determined that such permanent
22
disability has resulted or will result from the injury. All
23
reports shall state the date of the injury, including the time
24
of day or night, the nature of the employer's business, the
25
name, address, age, sex, conjugal condition of the injured
26
person, the specific occupation of the injured person, the
HB4226
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LRB104 16479 SPS 29874 b
1
direct cause of the injury and the nature of the accident, the
2
character of the injury, the length of disability, and in case
3
of death the length of disability before death, the wages of
4
the injured person, whether compensation has been paid to the
5
injured person, or to his or her legal representative or his
6
heirs or next of kin, the amount of compensation paid, the
7
amount paid for physicians', surgeons' and hospital bills, and
8
by whom paid, and the amount paid for funeral or burial
9
expenses if known. The reports shall be made on forms and in
10
the manner as prescribed by the Commission and shall contain
11
such further information as the Commission shall deem
12
necessary and require. The making of these reports releases
13
the employer from making such reports to any other officer of
14
the State and shall satisfy the reporting provisions as
15
contained in the Safety Inspection and Education Act, the
16
Health and Safety Act, and the Occupational Safety and Health
17
Act. The reports filed with the Commission pursuant to this
18
Section shall be made available by the Commission to the
19
Director of Labor or his representatives and to all other
20
departments of the State of Illinois which shall require such
21
information for the proper discharge of their official duties.
22
Failure to file with the Commission any of the reports
23
required in this Section is a petty offense.
24
Except as provided in this paragraph, all reports filed
25
hereunder shall be confidential and any person having access
26
to such records filed with the Illinois Workers' Compensation
HB4226
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LRB104 16479 SPS 29874 b
1
Commission as herein required, who shall release any
2
information therein contained including the names or otherwise
3
identify any persons sustaining injuries or disabilities, or
4
give access to such information to any unauthorized person,
5
shall be subject to discipline or discharge, and in addition
6
shall be guilty of a Class B misdemeanor. The Commission shall
7
compile and distribute to interested persons aggregate
8
statistics, taken from the reports filed hereunder. The
9
aggregate statistics shall not give the names or otherwise
10
identify persons sustaining injuries or disabilities or the
11
employer of any injured person or person with a disability.
12
(c) Notice of the accident shall be given to the employer
13
as soon as practicable, but not later than 45 days after the
14
accident. Provided:
15
(1) In case of the legal disability of the employee or
16
any dependent of a deceased employee who may be entitled
17
to compensation under the provisions of this Act, the
18
limitations of time by this Act provided do not begin to
19
run against such person under legal disability until a
20
guardian has been appointed.
21
(2) In cases of injuries sustained by exposure to
22
radiological materials or equipment, notice shall be given
23
to the employer within 90 days subsequent to the time that
24
the employee knows or suspects that he has received an
25
excessive dose of radiation.
26
No defect or inaccuracy of such notice shall be a bar to
HB4226
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LRB104 16479 SPS 29874 b
1
the maintenance of proceedings on arbitration or otherwise by
2
the employee unless the employer proves that he is unduly
3
prejudiced in such proceedings by such defect or inaccuracy.
4
Notice of the accident shall give the approximate date and
5
place of the accident, if known, and may be given orally or in
6
writing.
7
(d) Every employer shall notify each injured employee who
8
has been granted compensation under the provisions of Section
9
8 of this Act of his rights to rehabilitation services and
10
advise him of the locations of available public rehabilitation
11
centers and any other such services of which the employer has
12
knowledge.
13
In any case, other than one where the injury was caused by
14
exposure to radiological materials or equipment or asbestos
15
unless the application for compensation is filed with the
16
Commission within 3 years after the date of the accident,
17
where no compensation has been paid, or within 2 years after
18
the date of the last payment of compensation, where any has
19
been paid, whichever shall be later, the right to file such
20
application shall be barred.
21
In any case of injury caused by exposure to radiological
22
materials or equipment or asbestos, unless application for
23
compensation is filed with the Commission within 25 years
24
after the last day that the employee was employed in an
25
environment of hazardous radiological activity or asbestos,
26
the right to file such application shall be barred.
HB4226
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LRB104 16479 SPS 29874 b
1
If in any case except one where the injury was caused by
2
exposure to radiological materials or equipment or asbestos,
3
the accidental injury results in death application for
4
compensation for death may be filed with the Commission within
5
3 years after the date of death where no compensation has been
6
paid or within 2 years after the date of the last payment of
7
compensation where any has been paid, whichever shall be
8
later, but not thereafter.
9
If an accidental injury caused by exposure to radiological
10
material or equipment or asbestos results in death within 25
11
years after the last day that the employee was so exposed
12
application for compensation for death may be filed with the
13
Commission within 3 years after the date of death, where no
14
compensation has been paid, or within 2 years after the date of
15
the last payment of compensation where any has been paid,
16
whichever shall be later, but not thereafter.
17
(e) Any contract or agreement made by any employer or his
18
agent or attorney with any employee or any other beneficiary
19
of any claim under the provisions of this Act within 7 days
20
after the injury shall be presumed to be fraudulent.
21
(f) Any condition or impairment of health of an employee
22
employed as a firefighter, emergency medical technician (EMT),
23
emergency medical technician-intermediate (EMT-I), advanced
24
emergency medical technician (A-EMT),
or
paramedic
, or
25
hospital security guard
which results directly or indirectly
26
from any bloodborne pathogen, contagious staph infection,
HB4226
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LRB104 16479 SPS 29874 b
1
including Methicillin-resistant Staphylococcus aureus (MRSA),
2
lung or respiratory disease or condition, heart or vascular
3
disease or condition, hypertension, tuberculosis, or cancer
4
resulting in any disability (temporary, permanent, total, or
5
partial) to the employee shall be rebuttably presumed to arise
6
out of and in the course of the employee's firefighting, EMT,
7
or
paramedic
, or hospital security
employment and, further,
8
shall be rebuttably presumed to be causally connected to the
9
hazards or exposures of the employment. This presumption shall
10
also apply to any hernia or hearing loss suffered by an
11
employee employed as a firefighter, EMT, EMT-I, A-EMT,
or
12
paramedic
, or hospital security guard
. However, this
13
presumption shall not apply to any employee who has been
14
employed as a firefighter, EMT,
or
paramedic
, or hospital
15
security guard
for less than 5 years at the time he or she
16
files an Application for Adjustment of Claim concerning this
17
condition or impairment with the Illinois Workers'
18
Compensation Commission. The rebuttable presumption
19
established under this subsection, however, does not apply to
20
an emergency medical technician (EMT), emergency medical
21
technician-intermediate (EMT-I), advanced emergency medical
22
technician (A-EMT),
or
paramedic
, or hospital security guard
23
employed by a private employer if the employee spends the
24
preponderance of his or her work time for that employer
25
engaged in medical transfers between medical care facilities
26
or non-emergency medical transfers to or from medical care
HB4226
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LRB104 16479 SPS 29874 b
1
facilities. The changes made to this subsection by Public Act
2
98-291 shall be narrowly construed. The Finding and Decision
3
of the Illinois Workers' Compensation Commission under only
4
the rebuttable presumption provision of this subsection shall
5
not be admissible or be deemed res judicata in any disability
6
claim under the Illinois Pension Code arising out of the same
7
medical condition; however, this sentence makes no change to
8
the law set forth in Krohe v. City of Bloomington, 204 Ill.2d
9
392.
10
(Source: P.A. 102-493, eff. 8-20-21.)
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