WORK COMP-FIRST RESPONDERS

Illinois General Assembly - Full Text of HB5413

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5413

Introduced 2/13/2026, by Rep. Michael J. Kelly

SYNOPSIS AS INTRODUCED:

820 ILCS 305/8

from Ch. 48, par. 138.8

Amends the Workers' Compensation Act. Provides that an employee who
is employed as a first responder and who suffers a serious bodily injury in
the course of that employment shall be presumed to be entitled to permanent
total disability benefits. Provides that the Workers' Compensation
Commission shall accelerate any dispute regarding an employee's continuing
entitlement to benefits under the provision.
LRB104 16929 SPS 30343 b

A BILL FOR

HB5413
LRB104 16929 SPS 30343 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 8 as follows:

6

(820 ILCS 305/8)

(from Ch. 48, par. 138.8)
7

Sec. 8.
The amount of compensation which shall be paid to
8
the employee for an accidental injury not resulting in death
9
is:
10

(a) The employer shall provide and pay the negotiated
11
rate, if applicable, or the lesser of the health care
12
provider's actual charges or according to a fee schedule,
13
subject to Section 8.2, in effect at the time the service was
14
rendered for all the necessary first aid, medical and surgical
15
services, and all necessary medical, surgical and hospital
16
services thereafter incurred, limited, however, to that which
17
is reasonably required to cure or relieve from the effects of
18
the accidental injury, even if a health care provider sells,
19
transfers, or otherwise assigns an account receivable for
20
procedures, treatments, or services covered under this Act. If
21
the employer does not dispute payment of first aid, medical,
22
surgical, and hospital services, the employer shall make such
23
payment to the provider on behalf of the employee. The

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1
employer shall also pay for treatment, instruction and
2
training necessary for the physical, mental and vocational
3
rehabilitation of the employee, including all maintenance
4
costs and expenses incidental thereto. If as a result of the
5
injury the employee is unable to be self-sufficient the
6
employer shall further pay for such maintenance or
7
institutional care as shall be required.
8

The employee may at any time elect to secure his own
9
physician, surgeon and hospital services at the employer's
10
expense, or,
11

Upon agreement between the employer and the employees, or
12
the employees' exclusive representative, and subject to the
13
approval of the Illinois Workers' Compensation Commission, the
14
employer shall maintain a list of physicians, to be known as a
15
Panel of Physicians, who are accessible to the employees. The
16
employer shall post this list in a place or places easily
17
accessible to his employees. The employee shall have the right
18
to make an alternative choice of physician from such Panel if
19
he is not satisfied with the physician first selected. If, due
20
to the nature of the injury or its occurrence away from the
21
employer's place of business, the employee is unable to make a
22
selection from the Panel, the selection process from the Panel
23
shall not apply. The physician selected from the Panel may
24
arrange for any consultation, referral or other specialized
25
medical services outside the Panel at the employer's expense.
26
Provided that, in the event the Commission shall find that a

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1
doctor selected by the employee is rendering improper or
2
inadequate care, the Commission may order the employee to
3
select another doctor certified or qualified in the medical
4
field for which treatment is required. If the employee refuses
5
to make such change the Commission may relieve the employer of
6
his obligation to pay the doctor's charges from the date of
7
refusal to the date of compliance.
8

Any vocational rehabilitation counselors who provide
9
service under this Act shall have appropriate certifications
10
which designate the counselor as qualified to render opinions
11
relating to vocational rehabilitation. Vocational
12
rehabilitation may include, but is not limited to, counseling
13
for job searches, supervising a job search program, and
14
vocational retraining including education at an accredited
15
learning institution. The employee or employer may petition to
16
the Commission to decide disputes relating to vocational
17
rehabilitation and the Commission shall resolve any such
18
dispute, including payment of the vocational rehabilitation
19
program by the employer.
20

The maintenance benefit shall not be less than the
21
temporary total disability rate determined for the employee.
22
In addition, maintenance shall include costs and expenses
23
incidental to the vocational rehabilitation program.
24

When the employee is working light duty on a part-time
25
basis or full-time basis and earns less than he or she would be
26
earning if employed in the full capacity of the job or jobs,

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1
then the employee shall be entitled to temporary partial
2
disability benefits. Temporary partial disability benefits
3
shall be equal to two-thirds of the difference between the
4
average amount that the employee would be able to earn in the
5
full performance of his or her duties in the occupation in
6
which he or she was engaged at the time of accident and the
7
gross amount which he or she is earning in the modified job
8
provided to the employee by the employer or in any other job
9
that the employee is working.
10

Every hospital, physician, surgeon or other person
11
rendering treatment or services in accordance with the
12
provisions of this Section shall upon written request furnish
13
full and complete reports thereof to, and permit their records
14
to be copied by, the employer, the employee or his dependents,
15
as the case may be, or any other party to any proceeding for
16
compensation before the Commission, or their attorneys.
17

Notwithstanding the foregoing, the employer's liability to
18
pay for such medical services selected by the employee shall
19
be limited to:
20

(1) all first aid and emergency treatment; plus
21

(2) all medical, surgical and hospital services
22

provided by the physician, surgeon or hospital initially
23

chosen by the employee or by any other physician,
24

consultant, expert, institution or other provider of
25

services recommended by said initial service provider or
26

any subsequent provider of medical services in the chain

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LRB104 16929 SPS 30343 b
1

of referrals from said initial service provider; plus
2

(3) all medical, surgical and hospital services
3

provided by any second physician, surgeon or hospital
4

subsequently chosen by the employee or by any other
5

physician, consultant, expert, institution or other
6

provider of services recommended by said second service
7

provider or any subsequent provider of medical services in
8

the chain of referrals from said second service provider.
9

Thereafter the employer shall select and pay for all
10

necessary medical, surgical and hospital treatment and the
11

employee may not select a provider of medical services at
12

the employer's expense unless the employer agrees to such
13

selection. At any time the employee may obtain any medical
14

treatment he desires at his own expense. This paragraph
15

shall not affect the duty to pay for rehabilitation
16

referred to above.
17

(4) The following shall apply for injuries occurring
18

on or after June 28, 2011 (the effective date of Public Act
19

97-18) and only when an employer has an approved preferred
20

provider program pursuant to Section 8.1a on the date the
21

employee sustained his or her accidental injuries:
22

(A) The employer shall, in writing, on a form
23

promulgated by the Commission, inform the employee of
24

the preferred provider program;
25

(B) Subsequent to the report of an injury by an
26

employee, the employee may choose in writing at any

HB5413
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LRB104 16929 SPS 30343 b
1

time to decline the preferred provider program, in
2

which case that would constitute one of the two
3

choices of medical providers to which the employee is
4

entitled under subsection (a)(2) or (a)(3); and
5

(C) Prior to the report of an injury by an
6

employee, when an employee chooses non-emergency
7

treatment from a provider not within the preferred
8

provider program, that would constitute the employee's
9

one choice of medical providers to which the employee
10

is entitled under subsection (a)(2) or (a)(3).
11

When an employer and employee so agree in writing, nothing
12
in this Act prevents an employee whose injury or disability
13
has been established under this Act, from relying in good
14
faith, on treatment by prayer or spiritual means alone, in
15
accordance with the tenets and practice of a recognized church
16
or religious denomination, by a duly accredited practitioner
17
thereof, and having nursing services appropriate therewith,
18
without suffering loss or diminution of the compensation
19
benefits under this Act. However, the employee shall submit to
20
all physical examinations required by this Act. The cost of
21
such treatment and nursing care shall be paid by the employee
22
unless the employer agrees to make such payment.
23

Where the accidental injury results in the amputation of
24
an arm, hand, leg or foot, or the enucleation of an eye, or the
25
loss of any of the natural teeth, the employer shall furnish an
26
artificial of any such members lost or damaged in accidental

HB5413
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LRB104 16929 SPS 30343 b
1
injury arising out of and in the course of employment, and
2
shall also furnish the necessary braces in all proper and
3
necessary cases. In cases of the loss of a member or members by
4
amputation, the employer shall, whenever necessary, maintain
5
in good repair, refit or replace the artificial limbs during
6
the lifetime of the employee. Where the accidental injury
7
accompanied by physical injury results in damage to a denture,
8
eye glasses or contact eye lenses, or where the accidental
9
injury results in damage to an artificial member, the employer
10
shall replace or repair such denture, glasses, lenses, or
11
artificial member.
12

The furnishing by the employer of any such services or
13
appliances is not an admission of liability on the part of the
14
employer to pay compensation.
15

The furnishing of any such services or appliances or the
16
servicing thereof by the employer is not the payment of
17
compensation.
18

(b) If the period of temporary total incapacity for work
19
lasts more than 3 working days, weekly compensation as
20
hereinafter provided shall be paid beginning on the 4th day of
21
such temporary total incapacity and continuing as long as the
22
total temporary incapacity lasts. In cases where the temporary
23
total incapacity for work continues for a period of 14 days or
24
more from the day of the accident compensation shall commence
25
on the day after the accident.
26

1. The compensation rate for temporary total

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1

incapacity under this paragraph (b) of this Section shall
2

be equal to 66 2/3% of the employee's average weekly wage
3

computed in accordance with Section 10, provided that it
4

shall be not less than 66 2/3% of the sum of the Federal
5

minimum wage under the Fair Labor Standards Act, or the
6

Illinois minimum wage under the Minimum Wage Law,
7

whichever is more, multiplied by 40 hours. This percentage
8

rate shall be increased by 10% for each spouse and child,
9

not to exceed 100% of the total minimum wage calculation,
10

nor exceed the employee's average weekly wage computed in
11

accordance with the provisions of Section 10, whichever is
12

less.
13

2. The compensation rate in all cases other than for
14

temporary total disability under this paragraph (b), and
15

other than for serious and permanent disfigurement under
16

paragraph (c) and other than for permanent partial
17

disability under subparagraph (2) of paragraph (d) or
18

under paragraph (e), of this Section shall be equal to 66
19

2/3% of the employee's average weekly wage computed in
20

accordance with the provisions of Section 10, provided
21

that it shall be not less than 66 2/3% of the sum of the
22

Federal minimum wage under the Fair Labor Standards Act,
23

or the Illinois minimum wage under the Minimum Wage Law,
24

whichever is more, multiplied by 40 hours. This percentage
25

rate shall be increased by 10% for each spouse and child,
26

not to exceed 100% of the total minimum wage calculation,

HB5413
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1

nor exceed the employee's average weekly wage computed in
2

accordance with the provisions of Section 10, whichever is
3

less.
4

2.1. The compensation rate in all cases of serious and
5

permanent disfigurement under paragraph (c) and of
6

permanent partial disability under subparagraph (2) of
7

paragraph (d) or under paragraph (e) of this Section shall
8

be equal to 60% of the employee's average weekly wage
9

computed in accordance with the provisions of Section 10,
10

provided that it shall be not less than 66 2/3% of the sum
11

of the Federal minimum wage under the Fair Labor Standards
12

Act, or the Illinois minimum wage under the Minimum Wage
13

Law, whichever is more, multiplied by 40 hours. This
14

percentage rate shall be increased by 10% for each spouse
15

and child, not to exceed 100% of the total minimum wage
16

calculation, nor exceed the employee's average weekly wage
17

computed in accordance with the provisions of Section 10,
18

whichever is less.
19

3. As used in this Section the term "child" means a
20

child of the employee including any child legally adopted
21

before the accident or whom at the time of the accident the
22

employee was under legal obligation to support or to whom
23

the employee stood in loco parentis, and who at the time of
24

the accident was under 18 years of age and not
25

emancipated. The term "children" means the plural of
26

"child".

HB5413
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LRB104 16929 SPS 30343 b
1

4. All weekly compensation rates provided under
2

subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
3

Section shall be subject to the following limitations:
4

The maximum weekly compensation rate from July 1,
5

1975, except as hereinafter provided, shall be 100% of the
6

State's average weekly wage in covered industries under
7

the Unemployment Insurance Act, that being the wage that
8

most closely approximates the State's average weekly wage.
9

The maximum weekly compensation rate, for the period
10

July 1, 1984, through June 30, 1987, except as hereinafter
11

provided, shall be $293.61. Effective July 1, 1987 and on
12

July 1 of each year thereafter the maximum weekly
13

compensation rate, except as hereinafter provided, shall
14

be determined as follows: if during the preceding 12 month
15

period there shall have been an increase in the State's
16

average weekly wage in covered industries under the
17

Unemployment Insurance Act, the weekly compensation rate
18

shall be proportionately increased by the same percentage
19

as the percentage of increase in the State's average
20

weekly wage in covered industries under the Unemployment
21

Insurance Act during such period.
22

The maximum weekly compensation rate, for the period
23

January 1, 1981 through December 31, 1983, except as
24

hereinafter provided, shall be 100% of the State's average
25

weekly wage in covered industries under the Unemployment
26

Insurance Act in effect on January 1, 1981. Effective

HB5413
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LRB104 16929 SPS 30343 b
1

January 1, 1984 and on January 1, of each year thereafter
2

the maximum weekly compensation rate, except as
3

hereinafter provided, shall be determined as follows: if
4

during the preceding 12 month period there shall have been
5

an increase in the State's average weekly wage in covered
6

industries under the Unemployment Insurance Act, the
7

weekly compensation rate shall be proportionately
8

increased by the same percentage as the percentage of
9

increase in the State's average weekly wage in covered
10

industries under the Unemployment Insurance Act during
11

such period.
12

From July 1, 1977 and thereafter such maximum weekly
13

compensation rate in death cases under Section 7, and
14

permanent total disability cases under paragraph (f) or
15

subparagraph 18 of paragraph (3) of this Section and for
16

temporary total disability under paragraph (b) of this
17

Section and for amputation of a member or enucleation of
18

an eye under paragraph (e) of this Section shall be
19

increased to 133-1/3% of the State's average weekly wage
20

in covered industries under the Unemployment Insurance
21

Act.
22

For injuries occurring on or after February 1, 2006,
23

the maximum weekly benefit under paragraph (d)1 of this
24

Section shall be 100% of the State's average weekly wage
25

in covered industries under the Unemployment Insurance
26

Act.

HB5413
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LRB104 16929 SPS 30343 b
1

4.1. Any provision herein to the contrary
2

notwithstanding, the weekly compensation rate for
3

compensation payments under subparagraph 18 of paragraph
4

(e) of this Section and under paragraph (f) of this
5

Section and under paragraph (a) of Section 7 and for
6

amputation of a member or enucleation of an eye under
7

paragraph (e) of this Section, shall in no event be less
8

than 50% of the State's average weekly wage in covered
9

industries under the Unemployment Insurance Act.
10

4.2. Any provision to the contrary notwithstanding,
11

the total compensation payable under Section 7 shall not
12

exceed the greater of $500,000 or 25 years.
13

5. For the purpose of this Section this State's
14

average weekly wage in covered industries under the
15

Unemployment Insurance Act on July 1, 1975 is hereby fixed
16

at $228.16 per week and the computation of compensation
17

rates shall be based on the aforesaid average weekly wage
18

until modified as hereinafter provided.
19

6. The Department of Employment Security of the State
20

shall on or before the first day of December, 1977, and on
21

or before the first day of June, 1978, and on the first day
22

of each December and June of each year thereafter, publish
23

the State's average weekly wage in covered industries
24

under the Unemployment Insurance Act and the Illinois
25

Workers' Compensation Commission shall on the 15th day of
26

January, 1978 and on the 15th day of July, 1978 and on the

HB5413
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LRB104 16929 SPS 30343 b
1

15th day of each January and July of each year thereafter,
2

post and publish the State's average weekly wage in
3

covered industries under the Unemployment Insurance Act as
4

last determined and published by the Department of
5

Employment Security. The amount when so posted and
6

published shall be conclusive and shall be applicable as
7

the basis of computation of compensation rates until the
8

next posting and publication as aforesaid.
9

7. The payment of compensation by an employer or his
10

insurance carrier to an injured employee shall not
11

constitute an admission of the employer's liability to pay
12

compensation.
13

(c) For any serious and permanent disfigurement to the
14
hand, head, face, neck, arm, leg below the knee or the chest
15
above the axillary line, the employee is entitled to
16
compensation for such disfigurement, the amount determined by
17
agreement at any time or by arbitration under this Act, at a
18
hearing not less than 6 months after the date of the accidental
19
injury, which amount shall not exceed 150 weeks (if the
20
accidental injury occurs on or after the effective date of
21
this amendatory Act of the 94th General Assembly but before
22
February 1, 2006) or 162 weeks (if the accidental injury
23
occurs on or after February 1, 2006) at the applicable rate
24
provided in subparagraph 2.1 of paragraph (b) of this Section.
25

No compensation is payable under this paragraph where
26
compensation is payable under paragraphs (d), (e) or (f) of

HB5413
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LRB104 16929 SPS 30343 b
1
this Section.
2

A duly appointed member of a fire department in a city, the
3
population of which exceeds 500,000 according to the last
4
federal or State census, is eligible for compensation under
5
this paragraph only where such serious and permanent
6
disfigurement results from burns.
7

(d) 1. If, after the accidental injury has been sustained,
8
the employee as a result thereof becomes partially
9
incapacitated from pursuing his usual and customary line of
10
employment, he shall, except in cases compensated under the
11
specific schedule set forth in paragraph (e) of this Section,
12
receive compensation for the duration of his disability,
13
subject to the limitations as to maximum amounts fixed in
14
paragraph (b) of this Section, equal to 66-2/3% of the
15
difference between the average amount which he would be able
16
to earn in the full performance of his duties in the occupation
17
in which he was engaged at the time of the accident and the
18
average amount which he is earning or is able to earn in some
19
suitable employment or business after the accident. For
20
accidental injuries that occur on or after September 1, 2011,
21
an award for wage differential under this subsection shall be
22
effective only until the employee reaches the age of 67 or 5
23
years from the date the award becomes final, whichever is
24
later.
25

2. If, as a result of the accident, the employee sustains
26
serious and permanent injuries not covered by paragraphs (c)

HB5413
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LRB104 16929 SPS 30343 b
1
and (e) of this Section or having sustained injuries covered
2
by the aforesaid paragraphs (c) and (e), he shall have
3
sustained in addition thereto other injuries which injuries do
4
not incapacitate him from pursuing the duties of his
5
employment but which would disable him from pursuing other
6
suitable occupations, or which have otherwise resulted in
7
physical impairment; or if such injuries partially
8
incapacitate him from pursuing the duties of his usual and
9
customary line of employment but do not result in an
10
impairment of earning capacity, or having resulted in an
11
impairment of earning capacity, the employee elects to waive
12
his right to recover under the foregoing subparagraph 1 of
13
paragraph (d) of this Section then in any of the foregoing
14
events, he shall receive in addition to compensation for
15
temporary total disability under paragraph (b) of this
16
Section, compensation at the rate provided in subparagraph 2.1
17
of paragraph (b) of this Section for that percentage of 500
18
weeks that the partial disability resulting from the injuries
19
covered by this paragraph bears to total disability. If the
20
employee shall have sustained a fracture of one or more
21
vertebra or fracture of the skull, the amount of compensation
22
allowed under this Section shall be not less than 6 weeks for a
23
fractured skull and 6 weeks for each fractured vertebra, and
24
in the event the employee shall have sustained a fracture of
25
any of the following facial bones: nasal, lachrymal, vomer,
26
zygoma, maxilla, palatine or mandible, the amount of

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1
compensation allowed under this Section shall be not less than
2
2 weeks for each such fractured bone, and for a fracture of
3
each transverse process not less than 3 weeks. In the event
4
such injuries shall result in the loss of a kidney, spleen or
5
lung, the amount of compensation allowed under this Section
6
shall be not less than 10 weeks for each such organ.
7
Compensation awarded under this subparagraph 2 shall not take
8
into consideration injuries covered under paragraphs (c) and
9
(e) of this Section and the compensation provided in this
10
paragraph shall not affect the employee's right to
11
compensation payable under paragraphs (b), (c) and (e) of this
12
Section for the disabilities therein covered.
13

(e) For accidental injuries in the following schedule, the
14
employee shall receive compensation for the period of
15
temporary total incapacity for work resulting from such
16
accidental injury, under subparagraph 1 of paragraph (b) of
17
this Section, and shall receive in addition thereto
18
compensation for a further period for the specific loss herein
19
mentioned, but shall not receive any compensation under any
20
other provisions of this Act. The following listed amounts
21
apply to either the loss of or the permanent and complete loss
22
of use of the member specified, such compensation for the
23
length of time as follows:
24

1. Thumb-
25

70 weeks if the accidental injury occurs on or
26

after the effective date of this amendatory Act of the

HB5413
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LRB104 16929 SPS 30343 b
1

94th General Assembly but before February 1, 2006.
2

76 weeks if the accidental injury occurs on or
3

after February 1, 2006.
4

2. First, or index finger-
5

40 weeks if the accidental injury occurs on or
6

after the effective date of this amendatory Act of the
7

94th General Assembly but before February 1, 2006.
8

43 weeks if the accidental injury occurs on or
9

after February 1, 2006.
10

3. Second, or middle finger-
11

35 weeks if the accidental injury occurs on or
12

after the effective date of this amendatory Act of the
13

94th General Assembly but before February 1, 2006.
14

38 weeks if the accidental injury occurs on or
15

after February 1, 2006.
16

4. Third, or ring finger-
17

25 weeks if the accidental injury occurs on or
18

after the effective date of this amendatory Act of the
19

94th General Assembly but before February 1, 2006.
20

27 weeks if the accidental injury occurs on or
21

after February 1, 2006.
22

5. Fourth, or little finger-
23

20 weeks if the accidental injury occurs on or
24

after the effective date of this amendatory Act of the
25

94th General Assembly but before February 1, 2006.
26

22 weeks if the accidental injury occurs on or

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after February 1, 2006.
2

6. Great toe-
3

35 weeks if the accidental injury occurs on or
4

after the effective date of this amendatory Act of the
5

94th General Assembly but before February 1, 2006.
6

38 weeks if the accidental injury occurs on or
7

after February 1, 2006.
8

7. Each toe other than great toe-
9

12 weeks if the accidental injury occurs on or
10

after the effective date of this amendatory Act of the
11

94th General Assembly but before February 1, 2006.
12

13 weeks if the accidental injury occurs on or
13

after February 1, 2006.
14

8. The loss of the first or distal phalanx of the thumb
15

or of any finger or toe shall be considered to be equal to
16

the loss of one-half of such thumb, finger or toe and the
17

compensation payable shall be one-half of the amount above
18

specified. The loss of more than one phalanx shall be
19

considered as the loss of the entire thumb, finger or toe.
20

In no case shall the amount received for more than one
21

finger exceed the amount provided in this schedule for the
22

loss of a hand.
23

9. Hand-
24

190 weeks if the accidental injury occurs on or
25

after the effective date of this amendatory Act of the
26

94th General Assembly but before February 1, 2006.

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205 weeks if the accidental injury occurs on or
2

after February 1, 2006.
3

190 weeks if the accidental injury occurs on or
4

after June 28, 2011 (the effective date of Public Act
5

97-18) and if the accidental injury involves carpal
6

tunnel syndrome due to repetitive or cumulative
7

trauma, in which case the permanent partial disability
8

shall not exceed 15% loss of use of the hand, except
9

for cause shown by clear and convincing evidence and
10

in which case the award shall not exceed 30% loss of
11

use of the hand.
12

The loss of 2 or more digits, or one or more phalanges
13

of 2 or more digits, of a hand may be compensated on the
14

basis of partial loss of use of a hand, provided, further,
15

that the loss of 4 digits, or the loss of use of 4 digits,
16

in the same hand shall constitute the complete loss of a
17

hand.
18

10. Arm-
19

235 weeks if the accidental injury occurs on or
20

after the effective date of this amendatory Act of the
21

94th General Assembly but before February 1, 2006.
22

253 weeks if the accidental injury occurs on or
23

after February 1, 2006.
24

Where an accidental injury results in the amputation
25

of an arm below the elbow, such injury shall be
26

compensated as a loss of an arm. Where an accidental

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injury results in the amputation of an arm above the
2

elbow, compensation for an additional 15 weeks (if the
3

accidental injury occurs on or after the effective date of
4

this amendatory Act of the 94th General Assembly but
5

before February 1, 2006) or an additional 17 weeks (if the
6

accidental injury occurs on or after February 1, 2006)
7

shall be paid, except where the accidental injury results
8

in the amputation of an arm at the shoulder joint, or so
9

close to shoulder joint that an artificial arm cannot be
10

used, or results in the disarticulation of an arm at the
11

shoulder joint, in which case compensation for an
12

additional 65 weeks (if the accidental injury occurs on or
13

after the effective date of this amendatory Act of the
14

94th General Assembly but before February 1, 2006) or an
15

additional 70 weeks (if the accidental injury occurs on or
16

after February 1, 2006) shall be paid.
17

11. Foot-
18

155 weeks if the accidental injury occurs on or
19

after the effective date of this amendatory Act of the
20

94th General Assembly but before February 1, 2006.
21

167 weeks if the accidental injury occurs on or
22

after February 1, 2006.
23

12. Leg-
24

200 weeks if the accidental injury occurs on or
25

after the effective date of this amendatory Act of the
26

94th General Assembly but before February 1, 2006.

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215 weeks if the accidental injury occurs on or
2

after February 1, 2006.
3

Where an accidental injury results in the amputation
4

of a leg below the knee, such injury shall be compensated
5

as loss of a leg. Where an accidental injury results in the
6

amputation of a leg above the knee, compensation for an
7

additional 25 weeks (if the accidental injury occurs on or
8

after the effective date of this amendatory Act of the
9

94th General Assembly but before February 1, 2006) or an
10

additional 27 weeks (if the accidental injury occurs on or
11

after February 1, 2006) shall be paid, except where the
12

accidental injury results in the amputation of a leg at
13

the hip joint, or so close to the hip joint that an
14

artificial leg cannot be used, or results in the
15

disarticulation of a leg at the hip joint, in which case
16

compensation for an additional 75 weeks (if the accidental
17

injury occurs on or after the effective date of this
18

amendatory Act of the 94th General Assembly but before
19

February 1, 2006) or an additional 81 weeks (if the
20

accidental injury occurs on or after February 1, 2006)
21

shall be paid.
22

13. Eye-
23

150 weeks if the accidental injury occurs on or
24

after the effective date of this amendatory Act of the
25

94th General Assembly but before February 1, 2006.
26

162 weeks if the accidental injury occurs on or

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after February 1, 2006.
2

Where an accidental injury results in the enucleation
3

of an eye, compensation for an additional 10 weeks (if the
4

accidental injury occurs on or after the effective date of
5

this amendatory Act of the 94th General Assembly but
6

before February 1, 2006) or an additional 11 weeks (if the
7

accidental injury occurs on or after February 1, 2006)
8

shall be paid.
9

14. Loss of hearing of one ear-
10

50 weeks if the accidental injury occurs on or
11

after the effective date of this amendatory Act of the
12

94th General Assembly but before February 1, 2006.
13

54 weeks if the accidental injury occurs on or
14

after February 1, 2006.
15

Total and permanent loss of hearing of both ears-
16

200 weeks if the accidental injury occurs on or
17

after the effective date of this amendatory Act of the
18

94th General Assembly but before February 1, 2006.
19

215 weeks if the accidental injury occurs on or
20

after February 1, 2006.
21

15. Testicle-
22

50 weeks if the accidental injury occurs on or
23

after the effective date of this amendatory Act of the
24

94th General Assembly but before February 1, 2006.
25

54 weeks if the accidental injury occurs on or
26

after February 1, 2006.

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1

Both testicles-
2

150 weeks if the accidental injury occurs on or
3

after the effective date of this amendatory Act of the
4

94th General Assembly but before February 1, 2006.
5

162 weeks if the accidental injury occurs on or
6

after February 1, 2006.
7

16. For the permanent partial loss of use of a member
8

or sight of an eye, or hearing of an ear, compensation
9

during that proportion of the number of weeks in the
10

foregoing schedule provided for the loss of such member or
11

sight of an eye, or hearing of an ear, which the partial
12

loss of use thereof bears to the total loss of use of such
13

member, or sight of eye, or hearing of an ear.
14

(a) Loss of hearing for compensation purposes
15

shall be confined to the frequencies of 1,000, 2,000
16

and 3,000 cycles per second. Loss of hearing ability
17

for frequency tones above 3,000 cycles per second are
18

not to be considered as constituting disability for
19

hearing.
20

(b) The percent of hearing loss, for purposes of
21

the determination of compensation claims for
22

occupational deafness, shall be calculated as the
23

average in decibels for the thresholds of hearing for
24

the frequencies of 1,000, 2,000 and 3,000 cycles per
25

second. Pure tone air conduction audiometric
26

instruments, approved by nationally recognized

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authorities in this field, shall be used for measuring
2

hearing loss. If the losses of hearing average 30
3

decibels or less in the 3 frequencies, such losses of
4

hearing shall not then constitute any compensable
5

hearing disability. If the losses of hearing average
6

85 decibels or more in the 3 frequencies, then the same
7

shall constitute and be total or 100% compensable
8

hearing loss.
9

(c) In measuring hearing impairment, the lowest
10

measured losses in each of the 3 frequencies shall be
11

added together and divided by 3 to determine the
12

average decibel loss. For every decibel of loss
13

exceeding 30 decibels an allowance of 1.82% shall be
14

made up to the maximum of 100% which is reached at 85
15

decibels.
16

(d) If a hearing loss is established to have
17

existed on July 1, 1975 by audiometric testing the
18

employer shall not be liable for the previous loss so
19

established nor shall he be liable for any loss for
20

which compensation has been paid or awarded.
21

(e) No consideration shall be given to the
22

question of whether or not the ability of an employee
23

to understand speech is improved by the use of a
24

hearing aid.
25

(f) No claim for loss of hearing due to industrial
26

noise shall be brought against an employer or allowed

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unless the employee has been exposed for a period of
2

time sufficient to cause permanent impairment to noise
3

levels in excess of the following:

4
Sound Level DBA
5
Slow Response
Hours Per Day
6
90
8
7
92
6
8
95
4
9
97
3
10
100
2
11
102
1-1/2
12
105
1
13
110
1/2
14
115
1/4
15

This subparagraph (f) shall not be applied in cases of
16

hearing loss resulting from trauma or explosion.
17

17. In computing the compensation to be paid to any
18

employee who, before the accident for which he claims
19

compensation, had before that time sustained an injury
20

resulting in the loss by amputation or partial loss by
21

amputation of any member, including hand, arm, thumb or
22

fingers, leg, foot or any toes, such loss or partial loss
23

of any such member shall be deducted from any award made
24

for the subsequent injury. For the permanent loss of use
25

or the permanent partial loss of use of any such member or
26

the partial loss of sight of an eye, for which

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compensation has been paid, then such loss shall be taken
2

into consideration and deducted from any award for the
3

subsequent injury.
4

18. The specific case of loss of both hands, both
5

arms, or both feet, or both legs, or both eyes, or of any
6

two thereof, or the permanent and complete loss of the use
7

thereof, constitutes total and permanent disability, to be
8

compensated according to the compensation fixed by
9

paragraph (f) of this Section. These specific cases of
10

total and permanent disability do not exclude other cases.
11

Any employee who has previously suffered the loss or
12

permanent and complete loss of the use of any of such
13

members, and in a subsequent independent accident loses
14

another or suffers the permanent and complete loss of the
15

use of any one of such members the employer for whom the
16

injured employee is working at the time of the last
17

independent accident is liable to pay compensation only
18

for the loss or permanent and complete loss of the use of
19

the member occasioned by the last independent accident.
20

19. In a case of specific loss and the subsequent
21

death of such injured employee from other causes than such
22

injury leaving a widow, widower, or dependents surviving
23

before payment or payment in full for such injury, then
24

the amount due for such injury is payable to the widow or
25

widower and, if there be no widow or widower, then to such
26

dependents, in the proportion which such dependency bears

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to total dependency.
2

Beginning July 1, 1980, and every 6 months thereafter, the
3
Commission shall examine the Second Injury Fund and when,
4
after deducting all advances or loans made to such Fund, the
5
amount therein is $500,000 then the amount required to be paid
6
by employers pursuant to paragraph (f) of Section 7 shall be
7
reduced by one-half. When the Second Injury Fund reaches the
8
sum of $600,000 then the payments shall cease entirely.
9
However, when the Second Injury Fund has been reduced to
10
$400,000, payment of one-half of the amounts required by
11
paragraph (f) of Section 7 shall be resumed, in the manner
12
herein provided, and when the Second Injury Fund has been
13
reduced to $300,000, payment of the full amounts required by
14
paragraph (f) of Section 7 shall be resumed, in the manner
15
herein provided. The Commission shall make the changes in
16
payment effective by general order, and the changes in payment
17
become immediately effective for all cases coming before the
18
Commission thereafter either by settlement agreement or final
19
order, irrespective of the date of the accidental injury.
20

On August 1, 1996 and on February 1 and August 1 of each
21
subsequent year, the Commission shall examine the special fund
22
designated as the "Rate Adjustment Fund" and when, after
23
deducting all advances or loans made to said fund, the amount
24
therein is $4,000,000, the amount required to be paid by
25
employers pursuant to paragraph (f) of Section 7 shall be
26
reduced by one-half. When the Rate Adjustment Fund reaches the

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1
sum of $5,000,000 the payment therein shall cease entirely.
2
However, when said Rate Adjustment Fund has been reduced to
3
$3,000,000 the amounts required by paragraph (f) of Section 7
4
shall be resumed in the manner herein provided.
5

(f) In case of complete disability, which renders the
6
employee wholly and permanently incapable of work, or in the
7
specific case of total and permanent disability as provided in
8
subparagraph 18 of paragraph (e) of this Section, compensation
9
shall be payable at the rate provided in subparagraph 2 of
10
paragraph (b) of this Section for life.
11

An employee entitled to benefits under paragraph (f) of
12
this Section shall also be entitled to receive from the Rate
13
Adjustment Fund provided in paragraph (f) of Section 7 of the
14
supplementary benefits provided in paragraph (g) of this
15
Section 8.
16

If any employee who receives an award under this paragraph
17
afterwards returns to work or is able to do so, and earns or is
18
able to earn as much as before the accident, payments under
19
such award shall cease. If such employee returns to work, or is
20
able to do so, and earns or is able to earn part but not as
21
much as before the accident, such award shall be modified so as
22
to conform to an award under paragraph (d) of this Section. If
23
such award is terminated or reduced under the provisions of
24
this paragraph, such employees have the right at any time
25
within 30 months after the date of such termination or
26
reduction to file petition with the Commission for the purpose

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of determining whether any disability exists as a result of
2
the original accidental injury and the extent thereof.
3

Disability as enumerated in subdivision 18, paragraph (e)
4
of this Section is considered complete disability.
5

If an employee who had previously incurred loss or the
6
permanent and complete loss of use of one member, through the
7
loss or the permanent and complete loss of the use of one hand,
8
one arm, one foot, one leg, or one eye, incurs permanent and
9
complete disability through the loss or the permanent and
10
complete loss of the use of another member, he shall receive,
11
in addition to the compensation payable by the employer and
12
after such payments have ceased, an amount from the Second
13
Injury Fund provided for in paragraph (f) of Section 7, which,
14
together with the compensation payable from the employer in
15
whose employ he was when the last accidental injury was
16
incurred, will equal the amount payable for permanent and
17
complete disability as provided in this paragraph of this
18
Section.
19

The custodian of the Second Injury Fund provided for in
20
paragraph (f) of Section 7 shall be joined with the employer as
21
a party respondent in the application for adjustment of claim.
22
The application for adjustment of claim shall state briefly
23
and in general terms the approximate time and place and manner
24
of the loss of the first member.
25

In its award the Commission or the Arbitrator shall
26
specifically find the amount the injured employee shall be

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1
weekly paid, the number of weeks compensation which shall be
2
paid by the employer, the date upon which payments begin out of
3
the Second Injury Fund provided for in paragraph (f) of
4
Section 7 of this Act, the length of time the weekly payments
5
continue, the date upon which the pension payments commence
6
and the monthly amount of the payments. The Commission shall
7
30 days after the date upon which payments out of the Second
8
Injury Fund have begun as provided in the award, and every
9
month thereafter, prepare and submit to the State Comptroller
10
a voucher for payment for all compensation accrued to that
11
date at the rate fixed by the Commission. The State
12
Comptroller shall draw a warrant to the injured employee along
13
with a receipt to be executed by the injured employee and
14
returned to the Commission. The endorsed warrant and receipt
15
is a full and complete acquittance to the Commission for the
16
payment out of the Second Injury Fund. No other appropriation
17
or warrant is necessary for payment out of the Second Injury
18
Fund. The Second Injury Fund is appropriated for the purpose
19
of making payments according to the terms of the awards.
20

As of July 1, 1980 to July 1, 1982, all claims against and
21
obligations of the Second Injury Fund shall become claims
22
against and obligations of the Rate Adjustment Fund to the
23
extent there is insufficient money in the Second Injury Fund
24
to pay such claims and obligations. In that case, all
25
references to "Second Injury Fund" in this Section shall also
26
include the Rate Adjustment Fund.

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1

(f-5) Subject to the other requirements of this Act, an
2
employee who is employed as a first responder and who suffers a
3
serious bodily injury in the course of that employment shall
4
be presumed to be entitled to benefits under paragraph (f).
5
The Commission shall accelerate any dispute regarding an
6
employee's continuing entitlement to benefits under this
7
paragraph. The employee shall provide notice to the Commission
8
that the dispute involves a first responder. The Commission
9
may adopt rules for the implementation and administration of
10
this paragraph. As used in this paragraph:
11

"First responder" means any individual covered under the
12
Line of Duty Compensation Act.
13

"Serious bodily injury" means bodily injury that creates a
14
substantial risk of death or that causes death, serious
15
permanent disfigurement, or protracted loss or impairment of
16
the function of any bodily member or organ.
17

(g) Every award for permanent total disability entered by
18
the Commission on and after July 1, 1965 under which
19
compensation payments shall become due and payable after the
20
effective date of this amendatory Act, and every award for
21
death benefits or permanent total disability entered by the
22
Commission on and after the effective date of this amendatory
23
Act shall be subject to annual adjustments as to the amount of
24
the compensation rate therein provided. Such adjustments shall
25
first be made on July 15, 1977, and all awards made and entered
26
prior to July 1, 1975 and on July 15 of each year thereafter.

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In all other cases such adjustment shall be made on July 15 of
2
the second year next following the date of the entry of the
3
award and shall further be made on July 15 annually
4
thereafter. If during the intervening period from the date of
5
the entry of the award, or the last periodic adjustment, there
6
shall have been an increase in the State's average weekly wage
7
in covered industries under the Unemployment Insurance Act,
8
the weekly compensation rate shall be proportionately
9
increased by the same percentage as the percentage of increase
10
in the State's average weekly wage in covered industries under
11
the Unemployment Insurance Act. The increase in the
12
compensation rate under this paragraph shall in no event bring
13
the total compensation rate to an amount greater than the
14
prevailing maximum rate at the time that the annual adjustment
15
is made. Such increase shall be paid in the same manner as
16
herein provided for payments under the Second Injury Fund to
17
the injured employee, or his dependents, as the case may be,
18
out of the Rate Adjustment Fund provided in paragraph (f) of
19
Section 7 of this Act. Payments shall be made at the same
20
intervals as provided in the award or, at the option of the
21
Commission, may be made in quarterly payment on the 15th day of
22
January, April, July and October of each year. In the event of
23
a decrease in such average weekly wage there shall be no change
24
in the then existing compensation rate. The within paragraph
25
shall not apply to cases where there is disputed liability and
26
in which a compromise lump sum settlement between the employer

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1
and the injured employee, or his dependents, as the case may
2
be, has been duly approved by the Illinois Workers'
3
Compensation Commission.
4

Provided, that in cases of awards entered by the
5
Commission for injuries occurring before July 1, 1975, the
6
increases in the compensation rate adjusted under the
7
foregoing provision of this paragraph (g) shall be limited to
8
increases in the State's average weekly wage in covered
9
industries under the Unemployment Insurance Act occurring
10
after July 1, 1975.
11

For every accident occurring on or after July 20, 2005 but
12
before the effective date of this amendatory Act of the 94th
13
General Assembly (Senate Bill 1283 of the 94th General
14
Assembly), the annual adjustments to the compensation rate in
15
awards for death benefits or permanent total disability, as
16
provided in this Act, shall be paid by the employer. The
17
adjustment shall be made by the employer on July 15 of the
18
second year next following the date of the entry of the award
19
and shall further be made on July 15 annually thereafter. If
20
during the intervening period from the date of the entry of the
21
award, or the last periodic adjustment, there shall have been
22
an increase in the State's average weekly wage in covered
23
industries under the Unemployment Insurance Act, the employer
24
shall increase the weekly compensation rate proportionately by
25
the same percentage as the percentage of increase in the
26
State's average weekly wage in covered industries under the

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1
Unemployment Insurance Act. The increase in the compensation
2
rate under this paragraph shall in no event bring the total
3
compensation rate to an amount greater than the prevailing
4
maximum rate at the time that the annual adjustment is made. In
5
the event of a decrease in such average weekly wage there shall
6
be no change in the then existing compensation rate. Such
7
increase shall be paid by the employer in the same manner and
8
at the same intervals as the payment of compensation in the
9
award. This paragraph shall not apply to cases where there is
10
disputed liability and in which a compromise lump sum
11
settlement between the employer and the injured employee, or
12
his or her dependents, as the case may be, has been duly
13
approved by the Illinois Workers' Compensation Commission.
14

The annual adjustments for every award of death benefits
15
or permanent total disability involving accidents occurring
16
before July 20, 2005 and accidents occurring on or after the
17
effective date of this amendatory Act of the 94th General
18
Assembly (Senate Bill 1283 of the 94th General Assembly) shall
19
continue to be paid from the Rate Adjustment Fund pursuant to
20
this paragraph and Section 7(f) of this Act.
21

(h) In case death occurs from any cause before the total
22
compensation to which the employee would have been entitled
23
has been paid, then in case the employee leaves any widow,
24
widower, child, parent (or any grandchild, grandparent or
25
other lineal heir or any collateral heir dependent at the time
26
of the accident upon the earnings of the employee to the extent

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1
of 50% or more of total dependency) such compensation shall be
2
paid to the beneficiaries of the deceased employee and
3
distributed as provided in paragraph (g) of Section 7.
4

(h-1) In case an injured employee is under legal
5
disability at the time when any right or privilege accrues to
6
him or her under this Act, a guardian may be appointed pursuant
7
to law, and may, on behalf of such person under legal
8
disability, claim and exercise any such right or privilege
9
with the same effect as if the employee himself or herself had
10
claimed or exercised the right or privilege. No limitations of
11
time provided by this Act run so long as the employee who is
12
under legal disability is without a conservator or guardian.
13

(i) In case the injured employee is under 16 years of age
14
at the time of the accident and is illegally employed, the
15
amount of compensation payable under paragraphs (b), (c), (d),
16
(e) and (f) of this Section is increased 50%.
17

However, where an employer has on file an employment
18
certificate issued pursuant to the Child Labor Law of 2024 or
19
work permit issued pursuant to the Federal Fair Labor
20
Standards Act, as amended, or a birth certificate properly and
21
duly issued, such certificate, permit or birth certificate is
22
conclusive evidence as to the age of the injured minor
23
employee for the purposes of this Section.
24

Nothing herein contained repeals or amends the provisions
25
of the Child Labor Law of 2024 relating to the employment of
26
minors under the age of 16 years.

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1

(j) 1. In the event the injured employee receives
2
benefits, including medical, surgical or hospital benefits
3
under any group plan covering non-occupational disabilities
4
contributed to wholly or partially by the employer, which
5
benefits should not have been payable if any rights of
6
recovery existed under this Act, then such amounts so paid to
7
the employee from any such group plan as shall be consistent
8
with, and limited to, the provisions of paragraph 2 hereof,
9
shall be credited to or against any compensation payment for
10
temporary total incapacity for work or any medical, surgical
11
or hospital benefits made or to be made under this Act. In such
12
event, the period of time for giving notice of accidental
13
injury and filing application for adjustment of claim does not
14
commence to run until the termination of such payments. This
15
paragraph does not apply to payments made under any group plan
16
which would have been payable irrespective of an accidental
17
injury under this Act. Any employer receiving such credit
18
shall keep such employee safe and harmless from any and all
19
claims or liabilities that may be made against him by reason of
20
having received such payments only to the extent of such
21
credit.
22

Any excess benefits paid to or on behalf of a State
23
employee by the State Employees' Retirement System under
24
Article 14 of the Illinois Pension Code on a death claim or
25
disputed disability claim shall be credited against any
26
payments made or to be made by the State of Illinois to or on

HB5413
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LRB104 16929 SPS 30343 b
1
behalf of such employee under this Act, except for payments
2
for medical expenses which have already been incurred at the
3
time of the award. The State of Illinois shall directly
4
reimburse the State Employees' Retirement System to the extent
5
of such credit.
6

2. Nothing contained in this Act shall be construed to
7
give the employer or the insurance carrier the right to credit
8
for any benefits or payments received by the employee other
9
than compensation payments provided by this Act, and where the
10
employee receives payments other than compensation payments,
11
whether as full or partial salary, group insurance benefits,
12
bonuses, annuities or any other payments, the employer or
13
insurance carrier shall receive credit for each such payment
14
only to the extent of the compensation that would have been
15
payable during the period covered by such payment.
16

3. The extension of time for the filing of an Application
17
for Adjustment of Claim as provided in paragraph 1 above shall
18
not apply to those cases where the time for such filing had
19
expired prior to the date on which payments or benefits
20
enumerated herein have been initiated or resumed. Provided
21
however that this paragraph 3 shall apply only to cases
22
wherein the payments or benefits hereinabove enumerated shall
23
be received after July 1, 1969.
24
(Source: P.A. 103-721, eff. 1-1-25
.)

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