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Sec. 2394—28. Any employer against whom liability may exist for compensation under this act may, with the approval of the industrial accident board, be relieved therefrom by:
1. Depositing the present value of the total unpaid compensation for which such liability exists, assuming interest at three per centum per annum, with such trust company of this state as shall be designated by the employee (or by his dependents, in case of his death, and such liability exists in their favor), or in default of such designation by him (or them) after ten days' notice in writing from the employer, with such trust company of this State as shall be designated by the board; or
2. By the purchase of an annuity, within the limitations provided by law, in any insurance company granting annuities and licensed in this State, which may be designated by the employee, or his dependents, or the board, as provided in subsection 1 of this section.
Sec. 2394—29. The board shall cause to be printed and furnished free of charge to any employer or employee such blank forms as it shall deem requisite to facilitate or promote the efficient administration of this act; it shall provide a proper record book in which shall be entered and indexed the name of every employer who shall file a statement of election under this act, and the date of the filing thereof, and a separate book in which shall be entered and indexed the name of every employer who shall file his notice of withdrawal of such election, and the date of the filing thereof; and books in which shall be recorded all orders and awards made by the board; and such other books or records as it shall deem required by the proper and efficient administration of this act: all such records to be kept in the office of the board. Upon the filing of a statement of election by an employer to become subject to the provisions of this act, the board shall forth with cause notice of the fact to be given to his employees, by posting such notice thereof in several conspicuous places in the office, shop, or place of business of the employer, or by publishing, or in such other manner as the board shall deem most effective; and the board shall likewise cause notice to be given of the filing of any withdrawal of such election; but notwithstanding the failure to give, or the insufficiency of, any such notice, knowledge of all filed statements of election and notices of withdrawal of election, and of the time of the filing of the same, shall conclusively be imputed to all employees.
Sec. 2394—30. A sum sufficient to carry out the provisions of this act is hereby appropriated out of any money in the treasury not otherwise appropriated.
Sec. 2394—31. All acts or parts of acts inconsistent with this act are to be deemed replaced by this act, and to that end are hereby repealed.
Sec. 2394—32. The legislature intends the contingency in subdivision 2 of section 2394—1 of this act to be a separable part thereof, and the subdivison likewise separable from the rest of the act, and that part of said section 2394–1 that follows subdivison 2, likewise separable from the rest of the act; so that any part of said subdivision, or the whole, or that part which follows said subdivison 2, may fail without affecting any other part of the act.
ŠEC. 2. Sections 2394—3 to 2394—32, inclusive, shall take effect and be in force from and after the passage and publication of this act, and the entire act shall be in force from and after September 1st, 1911.
Approved May 3, 1911.
TEXT OF BILLS PREPARED BY COMMISSIONS.
ILLINOIS COMMISSION BILL. SECTION 1. Any employer in this State may elect to provide and pay compensation for injuries sustained by any employee arising out of and in the course of the employment according to the provisions of this act, and thereby relieve himself from liability for the recovery of damages except as herein provided. If, however, any such employer shall elect not to provide and pay the compensation according to the provisions of this act he shall not escape liability for injuries sustained by his employees arising out of and in the course of their employment by alleging or proving in any action brought against such employer:
1. That the employee either expressly or implicitly assumed the risk of the hazard complained of, or,
2. That the injury or death was caused in whole or in part by the negligence of a fellow servant.
Every such employer is presumed to have elected to provide and pay the compensation according to the provisions of this act unless and until notice in writing of an election to the contrary is filed with the State bureau of labor statistics. Such employer, however, shall not be entitled to any of the privileges or advantages specified herein until a notice in writing of an election to provide such compensation has been filed with the State bureau of labor statistics on blanks furnished by it for such purpose.
Sec. 2. The filing of notice of an election to provide such compensation as aforesaid shall constitute an acceptance of all the provisions of this act, and such employer shall be bound thereby as to all his employees for a term of one year and for terms of each year thereafter unless a notice to the contrary shall have been given to the bureau of labor statistics and to all employees in said employment by posting in the plant, shop, office or place of work at least sixty days prior to the expiration of any such annual term: Provided, That when an injury to an employee is due to the serious and willful misconduct of that employee, any compensation claimed in respect of that injury shall be disallowed.
Sec. 3. In the event that any employer elects to provide and pay the compensation provided in this act and files notice of such election with the bureau of labor statistics, and thereby becomes bound to provide and pay such compensation according to the provisions of this act, then every employee of such employer, as a part of his contract of hiring, shall be deemed to have accepted all the provisions of this act and shall be bound thereby unless after thirty days and prior to forty-five days after such hiring he shall notify his employer in writing to the contrary: Provided, however, That before any such employee shall be so bound by the provisions of this act his employer shall either furnish to such employee, personally, at the time of his hiring or post in a conspicuous place in the room or place where such employee is to be employed, a statement in a language which such employee is able to understand of the compensation provisions of this act, if such employer has accepted the provisions of this act as herein provided, which notice shall also include a notice to the employee that the employer has accepted the provisions hereof. Every employee whose contract of hiring is in force at the time his employer elects to pay the compensation, and who continues to work for such employer, shall be deemed thereby to have accepted the provisions of this act, and shall be bound thereby unless he files a notice in writing to the contrary with his employer after thirty days and prior to forty-five days thereafter: Providing such employer furnishes or posts the statement of the compensation provisions of this act and his notice of acceptance thereof as herein provided.
Sec. 4. No common law or statutory right to recover damages for injuries or death sustained by an employee while engaged in the line of his duty as such employee, other than the compensation herein provided, shall be available to any employeewho has accepted, according to section 3, the provisions of this act, or to any one wholly or partially dependent upon him or legally responsible for his estate: Provided, That when the injury to the employee was caused by the willful failure of the employer to comply with statutory safety regulations, nothing in this act shall affect the present civil liability of the employer.
Sec. 5. The amount of compensation which the employer shall pay if he elects the provisions of this act, as provided in sections one (1) and two (2) for injury to the employee which results in death shall be:
(a) If the employee leaves any widow, child or children, or parents, or other lineal heirs to whose support he had contributed within five years previous to the time of his death, a sum equal to three times the average annual earnings of the employee, but not less in any event, than one thousand five hundred dollars, and not more in any event than three thousand dollars. Any weekly payments other than necessary medical or surgical fees shall be deducted in ascertaining such amount payable on death.
(b) If the employee leaves collateral heirs dependent upon his earnings, such a percentage of the sum provided in section A (par. (a)] as the contributions which deceased made to the support of these dependents bore to his earnings at the time of his death.
(c) li the employee leaves no widow, child or children, parents or lineal or collateral heirs dependent upon his earnings, a sum not to exceed one hundred fifty dollars ($150) to be paid to his personal representative.
All compensation provided for in this section to be paid in case the injury results in death shall be paid for the first six months in installments at the same intervals and in the same amounts that the wages or earnings of employee were paid while he was living, and aiter the expiration of such period of six months the balance of the compensation then due shall be paid either in installments as aforesaid or in a lump sum, at the option of the person entitled to such compensation: Provided, That if such compensation is paid in installments as herein provided and it shall not be feasible to pay the same at the same intervals as wages or earnings were paid, then the installmente shall be paid weekly.
Sec. 6. The amount of compensation which the employer shall provide and pay for injury to the employee resulting in disability shall be:
(a) Necessary medical and surgical treatment in all cases at the time of the accident and as long thereaster as necessary, but not to exceed ninety (90) days, including medicine and other means of treatment and all reasonable facilities, such as the first set of apparatus, artificial limbs, crutches and trusses to aid in the success of the treatment and to diminish the effects of the injury.
(b) If the period of disability lasts for more than one week, and such fact is determined by the physician or physicians, as provided in section 8, compensation beginning on the day the injured employee leaves work as a result of the accident, and as long as the disability lasts, or until the amount of compensation paid equals the amount payable as a death benefit.
(c) If the period of disability does not last more than one week from the day the injured employee leaves work as the result of the injury, no compensation shall be paid.
(d) In case after the injury has been received it shall appear upon medical examination as provided for by section 8, that the employee has been partially, though permanently incapacitated from pursuing his usual and customary line of employment, he shall receive compensation equal to one-half the difference between the average weekly wages which he earned before the accident, and the average weekly amount which he is earning, or is able to earn in some suitable employment or business after the accident, if such employment is secured; Provided, That where the injury shall be of a character set forth in the following scale, the employee shall receive compensation named:
(1) If the injury causes the immediate severing of, or necessitates the amputation of a hand or foot, at or above the wrist or ankle: one and one-half year's average wages, but in no event less than $750 nor more than $1,500.
(2) If the injury results in the total and irrecoverable loss of the sight of one eye: three-fourths of one year's wages, but not less than $375, nor more than $750.
(e) In the case of complete disability which renders the employee wholly and permanently incapable of work, compensation for the first eight years after the day the injury was received, equal to 50 per cent of his average weekly earnings, but not less than $5 por more than $10 per week. If complete disability continues after the expiration of the eight years, then a compensation during life, equal to 8 per cent of the death benefit which would have been payable had the accident resulted in death. Such compensation shall not be less than $10 per month and shall be payable monthly. In case death occurs before the total of the weekly payments equals the amount payable as a death benefit, as provided in section 5, article A (par. (a)], then in case the employee leaves any widow, child or children, or parents, or other lineal heirs, they shall be paid the difference between the compensation for death and the sum of the weekly payments, but in no case shall this sum be less than $- - Provided, That after compensation has been paid at the specified rates for a term of at least six months the employee shall have the option to demand a lump sum payment for the difference between the sum of the weekly payments received and the four years' compensation to which he was entitled when such permanent disability has been definitely determined. For the purpose of this section, the total and irrecoverable loss of the sight of both
eyes, the loss of both feet at or above the ankle, the loss of both hands at or above the wrist, the loss of one hand and one foot, an injury to the spine resulting in permanent paralysis of the legs or arms, and the fracture of the skull resulting in incurable imbecility or insanity, shall be considered complete disability. These specific cases of complete disability shall not, however, be construed as excluding other cases.
In fixing the amount of the disability payments, regard shall be had to any payment, allowance or benefit which the workman may have received from the employer during the period of his incapacity, except the expense of necessary medical or surgical treatment. In no event, except in case of complete disability as defined above, shall any weekly payment payable under the compensation plan herein provided exceed ten dollars per week, or extend over a period of more than six years from the date of the accident. In case an injured employee shall be mentally incompetent at the time when any right or privilege accrues to him under such plan, a conservator, or guardian of the incompetent, appointed pursuant to law, may, on behalf of such incompetent, claim and exercise any such right or privilege with the same force and effect as if the employee himself had been competent and had claimed or exercised any such right or privilege; and no limitations of time herein provided for shall run so long as said incompetent employee has no conservator or guardian.
Sec. 7. The basis for computing the compensation provided for in sections 5 and 6 shall be as follows:
(1) The compensation shall be computed on the basis of the annual earnings which the injured persons received as salary, wages or earnings in that employment during the year next preceding the injury.
(2) The annual earnings, if not otherwise determined, shall be regarded as three hundred times the average daily earnings in such computation; as to workmen in employments in which it is the custom to operate for a part of the whole number of
working days, such number shall be used instead of 300 as a basis for computing the annual earnings.
(3) If the injured person has not been engaged in the employment for a full year immediately preceding the accident, the compensation shall be computed according to the annual earnings which persons of the same class in the same or in neighboring employments of the same kind have earned during such period. And if this basis of computation is impossible, or should appear to be unreasonable, three hundred times the amount which the injured person earns on an average on those days when he was working during the year next preceding the accident shall be used as a basis for the computation.
(4) In the case of injured persons who earn either no wage or less than three hundred times the usual daily wage or earnings of the adult day laborers of that locality, the yearly wage shall be reckoned as three hundred times this average daily local wage.
(5) In computing the compensation to be paid to employees who, before the accident were already disabled, and drawing compensation under the terms of this act, the additional compensation shall be apportioned according to the proportion of incapacity and the disability, which existed before such accident or injury, and in apportioning such compensation the earnings prior to the first injury shall be considered in relation to the earnings prior and at the time of the injury for which compensation is being computed.
Sec. 8. Any employee entitled to receive weekly payments shall be required, if requested by the employer, to submit himself for examination by a duly qualified medical practitioner or surgeon provided and paid for by the employer, at a time and place reasonably convenient for the employee, as soon as practicable after the injury and also one week after the injury and thereafter at intervals not oftener than once in six weeks, which examination shall be for the purpose of determining the nature, extent and duration of the injury received by the employee, and for the purpose of adjusting the compensation which may be due the employee from time to time for disability according to the provisions of sections 5 and 6 of this act: Provided, however, That such examination shall be made in the presence of a duly qualified medical practitioner or surgeon provided and paid for by the employee, if such employee so desires, and in the event of disagreement between said medical practitioners or surgeons as to the nature, extent or duration of said injury or disability, the judge of the probate court in Cook County and the county court in counties outside Cook County, in the county where the employee resided or was employed at the time of the injury, shall within six days after petition filed with such court for that purpose, select a third medical practitioner or surgeon and the majority report of such three physicians as to the nature, extent and probable duration of such injury or disability shall be used for the purpose of estimating the amount of compensation payable to such beneficiary under this act. If the employee refuses so to submit himself to examination or unnecessarily obstructs the same, his right to compensation.payments shall be temporarily suspended until such examination shall have taken place, and no compensation shall be payable under this act during such period.
Sec. 9. Any question of law or fact arising in regard to the application of this law in determining the compensation payable hereunder shall be determined either by agreement of the parties or by arbitration as herein provided. In case any such question arises which can not be settled by agreement, the employee and employer shall each select a disinterested party and the judge of the probate court in Cook County and of the county court in counties outside of Cook County shall appoint a third disinterested party, such persons to constitute a board of arbitrators for the purpose of hearing and determining all such disputed questions of law or fact arising in regard to the application of this lawin determining the compensation payable hereunder, and it shall be the duty of both employer and employee to submit to such board of arbitrators not later than ten days after the selection and appointment of such arbitrators all facts or evidence which may be in their possession or under their control relating to the questions to be determined by said arbitrators; and said board of arbitrators shall hear all the evidence submitted by both parties and they shall have access to any books, papers or records of either the employer or the employee showing any facts which may be material to the questions before them, and they shall be empowered to visit the place or plant where the accident occurred, to direct the injured employee to be examined by a regular practicing physician or surgeon, and to do all other acts reasonably necessary for a proper investigation of all matters in dispute. A copy of the report of the arbitrators in each case shall be prepared and filed by them with the State bureau of labor statistics, and shall be binding upon both the employer and employee except for fraud and mistake.
Sec. 10. The term "employer," as used in this act, shall be held to include any person, firm or private corporation transacting business in this State that has an
employee in his or its service and that has elected according to sections 1 and 2 of this act to pay the compensation provided for by this act; and any principal contractor shall be held to be an employer and shall be liable to pay compensation for injuries to the employees of any subcontractor, whether first, second, or other subcontractor or (sic) engaged in, on or about the premises on which said principal contractor has engaged to perform any work in the same manner and to the same extent as those said employees had been immediately been (sic) employed by him. Any principal contractor liable to pay compensation under this section, may be indemnified by any subcontractor who would have been liable to pay compensation to such employees independent of the provisions of this section.
Sec. 11. The term "employee,” as used in this act, shall be held to include any person who has engaged to work or render any service for an employer under a contract of service or apprenticeship, whether by way of manual labor, clerical work or otherwise, and whether the contract is expressed or implied, oral or in writing, except that minors not legally permitted to work under the laws of this State, shall not be considered within the provisions of this act and minors not so excepted are, for the purposes of this act, to be considered the same and to have the like power of contracting as though they were of full age.
Sec. 12. Persons whose employment is of a casual nature and who are employed otherwise than for the purpose of the employer's trade or business are not included in the foregoing definition.
Sec. 13. Any persons entitled to payments under the compensation provisions of this act against any employer shall have the same preferential claim therefor against the property of the employer as is now allowed by law for a claim by such person against such employer for unpaid wages or personal services, such preference to prevail against wage claims of all other employees not entitled to compensation for injuries, and the payments due under such compensation provisions shall not be subject to attachment, or to levy, or execution and satisfaction of debts except to the same extent and in the same manner as wages or earnings for personal services are now subject to levy and execution under the laws of this state, and shall not be assignable. Any right to receive compensation hereunder shall be extinguished by the death of the person entitled thereto, subject to the provisions of this act relative to compensation for death received in the course of employment. No claim of any attorney at law for any contingent interest in any recovery for services in securing any recovery under this act shall be an enforceable lien thereon unless the amount of the same be approved in writing by a judge of a court of record, or in case the same is tried in any court, before the judge presiding at such trial.
Sec. 14. Any contract or agreement made by any employee or any other beneficiary of any claim under the provisions of this act, within seven days after the injury, with any employer or his agent or with any attorney at law with reference to the prosecution or settlement of such claim shall be presumed to be fraudulent.
Sec. 15. No such employee or beneficiary shall have power to waive any of the provisions of this act in regard to the amount of compensation which may be payable to such employee or beneficiary hereunder.
SEC. 16. No proceedings for compensation under this act shall be maintained unless notice of the accident has been given to the employer as soon as practicable after the happening thereof, and during such disability, and unless claim for compensation has been made within six months from the occurrence of the accident; or in case of the death of the employee or in the event of his physical or mental incapacity within six months after such death or removal of such physical or mental incapacity, or in the event that payments have been made under the provisions of this act within six months after such payments have ceased. No want or defect or inaccuracy of such notice shall be a bar to the maintenance of proceedings by the employee unless the employer proves that he is unduly prejudiced in such proceedings by such want, defect or inaccuracy. Notice of the accident shall, in substance, apprise the employer of the claim for compensation made by the employee and shall state the name and address of the employee injured, the approximate date and place of the accident, and in simple language the cause thereof, is known; which notice may be served personally or by registered letter addressed to the employer at his last known residence or place of business: Provided, That the failure on the part of any person entitled to such compensation to give such notice shall not relieve the employer from his liability for such compensation when the facts and circumstances of such accidents are known to such employer or his agent.
Sec. 17. The compensation herein provided shall be the measure of the responsibility which the employer has assumed for injuries or death that may occur to em-. ployees in his employment, and it shall not be in any way reduced by contributions from employees.