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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5227

Introduced 2/10/2026, by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

820 ILCS 305/1

from Ch. 48, par. 138.1

Amends the Workers' Compensation Act. Provides that any corporation,
limited liability company, or partnership in the business of selling or
transporting goods, or in facilitating or brokering transportation
services that contracts with a person or entity engaged in any business or
enterprise related to the provision of transportation services, is liable
to pay compensation to its own immediate employees in accordance with the
provisions of the Act. Makes conforming changes.
LRB104 20010 SPS 33461 b

A BILL FOR

HB5227
LRB104 20010 SPS 33461 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 1 as follows:

6

(820 ILCS 305/1)

(from Ch. 48, par. 138.1)
7

Sec. 1.
This Act may be cited as the Workers' Compensation
8
Act.
9

(a) The term "employer" as used in this Act means:
10

1. The State and each county, city, town, township,
11
incorporated village, school district, body politic, or
12
municipal corporation therein.
13

2. Every person, firm, public or private corporation,
14
including hospitals, public service, eleemosynary, religious
15
or charitable corporations or associations who has any person
16
in service or under any contract for hire, express or implied,
17
oral or written, and who is engaged in any of the enterprises
18
or businesses enumerated in Section 3 of this Act, or who at or
19
prior to the time of the accident to the employee for which
20
compensation under this Act may be claimed, has in the manner
21
provided in this Act elected to become subject to the
22
provisions of this Act, and who has not, prior to such
23
accident, effected a withdrawal of such election in the manner

HB5227
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LRB104 20010 SPS 33461 b
1
provided in this Act.
2

3.
Any corporation, limited liability company, or
3
partnership in the business of selling or transporting goods,
4
or in facilitating or brokering transportation services that
5
contracts with a person or entity engaged in any business or
6
enterprise referred to in subsection 3 of Section 3 of this
7
Act, is liable to pay compensation to its own immediate
8
employees in accordance with the provisions of this Act, and
9
in addition thereto if it directly or indirectly engages any
10
contractor whether principal or sub-contractor to do any such
11
work, it is liable to pay compensation to the employees of any
12
such contractor or sub-contractor unless such contractor or
13
sub-contractor has insured, in any company or association
14
authorized under the laws of this State to insure the
15
liability to pay compensation under this Act, or guaranteed
16
its liability to pay such compensation.
Any one engaging in
17
any business or enterprise referred to in subsections 1
,

and

18
2
, and 3
of Section 3 of this Act who undertakes to do any work
19
enumerated therein, is liable to pay compensation to his own
20
immediate employees in accordance with the provisions of this
21
Act, and in addition thereto if he directly or indirectly
22
engages any contractor whether principal or sub-contractor to
23
do any such work, he is liable to pay compensation to the
24
employees of any such contractor or sub-contractor unless such
25
contractor or sub-contractor has insured, in any company or
26
association authorized under the laws of this State to insure

HB5227
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LRB104 20010 SPS 33461 b
1
the liability to pay compensation under this Act, or
2
guaranteed his liability to pay such compensation. With
3
respect to any time limitation on the filing of claims
4
provided by this Act, the timely filing of a claim against a
5
contractor or subcontractor, as the case may be, shall be
6
deemed to be a timely filing with respect to all persons upon
7
whom liability is imposed by this paragraph.
8

In the event
an entity covered under this subsection

any
9
such person
pays compensation under this subsection
the entity

10
he
may recover the amount thereof from the contractor or
11
sub-contractor, if any, and in the event the contractor pays
12
compensation under this subsection
the entity

he
may recover
13
the amount thereof from the sub-contractor, if any.
14

If an employer is engaged in activities referred to in
15
subsections 1 and 2 of Section 3 of this Act, this

This

16
subsection does not apply in any case where the accident
17
occurs elsewhere than on, in or about the immediate premises
18
on which the principal has contracted that the work be done.
19

4. Where an employer operating under and subject to the
20
provisions of this Act loans an employee to another such
21
employer and such loaned employee sustains a compensable
22
accidental injury in the employment of such borrowing employer
23
and where such borrowing employer does not provide or pay the
24
benefits or payments due such injured employee, such loaning
25
employer is liable to provide or pay all benefits or payments
26
due such employee under this Act and as to such employee the

HB5227
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LRB104 20010 SPS 33461 b
1
liability of such loaning and borrowing employers is joint and
2
several, provided that such loaning employer is in the absence
3
of agreement to the contrary entitled to receive from such
4
borrowing employer full reimbursement for all sums paid or
5
incurred pursuant to this paragraph together with reasonable
6
attorneys' fees and expenses in any hearings before the
7
Illinois Workers' Compensation Commission or in any action to
8
secure such reimbursement. Where any benefit is provided or
9
paid by such loaning employer the employee has the duty of
10
rendering reasonable cooperation in any hearings, trials or
11
proceedings in the case, including such proceedings for
12
reimbursement.
13

Where an employee files an Application for Adjustment of
14
Claim with the Illinois Workers' Compensation Commission
15
alleging that his claim is covered by the provisions of the
16
preceding paragraph, and joining both the alleged loaning and
17
borrowing employers, they and each of them, upon written
18
demand by the employee and within 7 days after receipt of such
19
demand, shall have the duty of filing with the Illinois
20
Workers' Compensation Commission a written admission or denial
21
of the allegation that the claim is covered by the provisions
22
of the preceding paragraph and in default of such filing or if
23
any such denial be ultimately determined not to have been bona
24
fide then the provisions of Paragraph K of Section 19 of this
25
Act shall apply.
26

An employer whose business or enterprise or a substantial

HB5227
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LRB104 20010 SPS 33461 b
1
part thereof consists of hiring, procuring or furnishing
2
employees to or for other employers operating under and
3
subject to the provisions of this Act for the performance of
4
the work of such other employers and who pays such employees
5
their salary or wages notwithstanding that they are doing the
6
work of such other employers shall be deemed a loaning
7
employer within the meaning and provisions of this Section.
8

(b) The term "employee" as used in this Act means:
9

1. Every person in the service of the State, including
10
members of the General Assembly, members of the Commerce
11
Commission, members of the Illinois Workers' Compensation
12
Commission, and all persons in the service of the University
13
of Illinois, county, including deputy sheriffs and assistant
14
state's attorneys, city, town, township, incorporated village
15
or school district, body politic, or municipal corporation
16
therein, whether by election, under appointment or contract of
17
hire, express or implied, oral or written, including all
18
members of the Illinois National Guard while on active duty in
19
the service of the State, and all probation personnel of the
20
Juvenile Court appointed pursuant to Article VI of the
21
Juvenile Court Act of 1987, and including any official of the
22
State, any county, city, town, township, incorporated village,
23
school district, body politic or municipal corporation therein
24
except any duly appointed member of a police department in any
25
city whose population exceeds 500,000 according to the last
26
Federal or State census, and except any member of a fire

HB5227
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LRB104 20010 SPS 33461 b
1
insurance patrol maintained by a board of underwriters in this
2
State. A duly appointed member of a fire department in any
3
city, the population of which exceeds 500,000 according to the
4
last federal or State census, is an employee under this Act
5
only with respect to claims brought under paragraph (c) of
6
Section 8.
7

One employed by a contractor who has contracted with the
8
State, or a county, city, town, township, incorporated
9
village, school district, body politic or municipal
10
corporation therein, through its representatives, is not
11
considered as an employee of the State, county, city, town,
12
township, incorporated village, school district, body politic
13
or municipal corporation which made the contract.
14

2. Every person in the service of another under any
15
contract of hire, express or implied, oral or written,
16
including persons whose employment is outside of the State of
17
Illinois where the contract of hire is made within the State of
18
Illinois, persons whose employment results in fatal or
19
non-fatal injuries within the State of Illinois where the
20
contract of hire is made outside of the State of Illinois, and
21
persons whose employment is principally localized within the
22
State of Illinois, regardless of the place of the accident or
23
the place where the contract of hire was made, and including
24
noncitizens, and minors who, for the purpose of this Act are
25
considered the same and have the same power to contract,
26
receive payments and give quittances therefor, as adult

HB5227
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LRB104 20010 SPS 33461 b
1
employees.
2

3. Every sole proprietor and every partner of a business
3
may elect to be covered by this Act.
4

An employee or his dependents under this Act who shall
5
have a cause of action by reason of any injury, disablement or
6
death arising out of and in the course of his employment may
7
elect to pursue his remedy in the State where injured or
8
disabled, or in the State where the contract of hire is made,
9
or in the State where the employment is principally localized.
10

However, any employer may elect to provide and pay
11
compensation to any employee other than those engaged in the
12
usual course of the trade, business, profession or occupation
13
of the employer by complying with Sections 2 and 4 of this Act.
14
Employees are not included within the provisions of this Act
15
when excluded by the laws of the United States relating to
16
liability of employers to their employees for personal
17
injuries where such laws are held to be exclusive.
18

The term "employee" does not include persons performing
19
services as real estate broker, broker-salesman, or salesman
20
when such persons are paid by commission only.
21

(c) "Commission" means the Industrial Commission created
22
by Section 5 of "The Civil Administrative Code of Illinois",
23
approved March 7, 1917, as amended, or the Illinois Workers'
24
Compensation Commission created by Section 13 of this Act.
25

(d) To obtain compensation under this Act, an employee
26
bears the burden of showing, by a preponderance of the

HB5227
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LRB104 20010 SPS 33461 b
1
evidence, that he or she has sustained accidental injuries
2
arising out of and in the course of the employment.
3
(Source: P.A. 102-1030, eff. 5-27-22.)

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