Document 3QJ3RLLvpwRopLkLvL1aRy1Ey

FILE NAME: John Crane (JC) DATE: 1936 DOC#: JC066 DOCUMENT DESCRIPTION: Illinois Law - Occupational Diseases LAWS OF THE STATE OF ILLINOIS ENACTED BY THE FIFTY-NINTH GENERAL ASSEMBLY AT THE FIRST SPECIAL SESSION Begun and H eld at the Capitol, in the City of Springfield, on the Twentyeighth Day of October, A . D. 1935, and Adjourned Sine Die on the Sixth Day of March, A . D. 1936. [Printed by authority of the General A ssem bly of the State of Iliinois.] 40 THIRD SPECIAL SESSION. 19. This Act shall be known and may be cited as the "Health and Safety Act." 20. That "An Act to provide for the health, safety and comfort of employees in factories, mercantile establishments, m ills and workshops in this State, and to provide for the enforcement thereof, and to repeal an Act entitled, `An Act to provide for the health, safety and comfort of employees in factories, mercantile establishments, m ills and workshops in this State, and to provide for the enforcement thereof/ approved June 4, 1909," approved June 29, 1915, as amended, be and the same hereby is repealed, such repeal to take effect July 1, 1937; and that sec tion 4 of "An Act in relation to employments creating poisonous fumes or dust in harmful quantities, and to provide for the enforcement there of," approved June 29, 1915, be and the same hereby is repealed, such repeal to take effect October 1, 1936; and that "An Act providing for the reporting, compiling and publishing of information concerning acci dents to and deaths by accident of employes," approved May 24, 1907, be and the same hereby is repealed, such Tepeal to take effect upon the passage of this Act. 21. No repeal of any Act herein contained shall extinguish or in any way affect any right of action thereunder, existing at the time this Act takes effect. A pproved March 16, 1936. OCCUPATIONAL. DISEASES. 8 l. 2. | S. 4. . f 5 6. 1- 8. 9. 10. 11. 8 12. 13. 14. 5 15. 16, 17. 18. 19. 20. .Title of A ct Liability of employer. Bight of action of employee. Employer election to pay com pensation. Definition. Occupational disease defined. Compensation, resulting in death. Compensation, resulting in dis ability. Payment of compensation. Computing compensation. Application for adjustment of claim. Employee to submit to examina tion. Compensation not liable for. Compensation to commission, arbitrators, other employees. Jurisdiction of commission. Buies and orders of commission. Forms, records. Industrial commission to settle disputed question. Procedure of disputed questions. Industrial commission report. S 21. 8 22. 8 23. 8 24. 8 25. 8 26. 8 27. 28. 29. 8 30. 31. 32. 33. 34. 35. Compensation, not assignable, subject to lien attachment or garnishment. Fraudulent contract or agree ment Rlgjht to waive any provision of Notice to employer for compen sation. Length of time employee ex posed--Employer liable. Provisions for employers to pay compensation. Associations and departments not affected. Liable for compensation. Procedure for compensation, where disablement or death not caused by negligence of employer or employees. Beport to commission. Posting of notices. Penalty. Act repealed. Validity of Act Effective date. (H ouse B n x No. 10. A pproved March 16. 1936.) A n A ct to promote the general welfare of the people of this State by providing remedies for injuries suffered or death resulting from oc cupational diseases incurred in the course of employment; providing for enforcement, and administration thereof, and to repeal an Act and a part of a, certain Act herein named. Be it enacted by the People of the State of Illinois, represented in the General Assembly: EMPLOYMENT. 41 Section 1. This Act shall be known and may be cited as the "Workmen's Occupational Diseases Act". 2. There shall be no liability of any employer for compensation or damages for or on account of any injury to health, disease, or death therefrom, other than for the compensation herein provided or for damages as provided in section 3 of this Act ; provided th at this section shall not affect any rig h t to compensation under the `'Workmen's Com pensation Act". 3. Where an employee in this State sustains injury to health or death by reason of a disease contracted or sustained in the course of the employment and proximately caused by the negligence of the employer, unless such employer shall have elected to provide and pay compensation as provided in section 4 of this Act, a right of action shall accrue to the employee whose health has been so injured for any damages sustained thereby ; and in case of death, a right of action shah accrue to the widow of such deceased person, his lineal heirs or adopted children, or to any person or persons who were, before such loss of life, dependent for support upon such deceased person, for a like re covery of damages for the injury sustained by reason of such death not to exceed the sum of ten thousand dollars ($10,000.00) ; provided, th a t violation by any employer of any effective rule or rules made by the industrial commission pursuant to the Health and Safety Act, enacted by the Fifty-ninth General Assembly a t the third special session, or violation by the employer of any statute of this State, intended foT the protection of the health of employees, shall be and constitute negli gence of the employer within the meaning of this section; provided further, th a t every such action for damage for injury to the health shall be commenced within three (3) years after the last day of the last exposure to the hazards of the disease and th a t every such action for damages in case of death shall be commenced within one (1) year after the death of such employee and within five (5) years after the last day of the last exposure to the hazards of the disease : Provided further, th at in any action to recover damages under this section, it shall not be a defense th a t the employee either expressly or impliedly assumed the risk of the employment, or that the contraction or sustaining of the disease or death was caused in whole or in part by the negligence of a fellow servant or fellow servants, or th a t the contraction or sus taining of the disease or death resulting was caused in whole or in part by the contributory negligence of the employee, where such contribu tory negligence was not wilful. 4. (a) Any employer in this State may elect to provide and pay compensation according to the provisions of this Act, for disability or death resulting from occupational diseases, and such election, when effective, shall apply to all cases in which the last day of the last ex posure as defined in this Act to the hazards of the occupational disease claimed upon shall have occurred on or after the effective date of such election, and shall relieve such employer of all liability under section 3 of this Act and all other liability with respect to injury to health or death therefrom by reason of any disease contracted or sustained in the course of the employment. EMPLOYMENT. 69 The employer liable for the compensation in this Act provided shall be the employer in whose employment the employee was last ex posed to the hazard ol the occupational disease claimed upon regardless of the length of time of such last exposure, provided, th a t in cases of silicosis or asbestosis, the only employer liable shall be the last employer in whose employment the employee was last exposed during a period of sixty (60) days or more after the effective date of this Act, to the hazard of such occupational disease, and, in such cases, an exposure during a period of less than sixty (60) days, after the effective date of this Act, shall not be deemed a last exposure. The insurance carrier liable shall be the carrier whose policy was in effect covering the employer liable on the last day of the exposure render ing such employer liable in accordance with the provisions of this Act. 26, (a) Any employer electing to provide and pay the com pensation provided for in this Act shall : (1) Pile w ith the commission a sworn statem ent showing Mb finan cial ability to pay the compensation provided for in this Act, the affidavit to which statement shall be signed and sworn to by the president or vice president and secretary or assistant secretary of said employer if it be a corporation, or by all of the partners if it be a co-partnership, or by the owner if it be neither a co-partnership nor a corporation, or if any such employer fails to file such a sworn statement, or if the sworn statement of any such employer does not satisfy the commission of the financial ability of the employer who has filed it, the commission shall require such employer to, (2) Furnish security, indemnity or a bond guaranteeing the pay ment by the employer of the compensation provided for in this Act, or (3) Insure his entire liability to pay such compensation in some insurance carrier authorized, licensed, or permitted to do such insurance business in tMs S tate; provided, all policies of such insurance carriers insuring the payment of compensation under tMs Act shall cover all the employees and all such employer's compensation liability in all cases in which the last day of the last exposure to the occupational disease involved is witMn the effective period of the policy, anytMng to the contrary in said policy notwithstanding; provided, further, that no pol icy of insurance in effect a t the time of the enactment of this Act, cover ing the liability of an employer for workmen's compensation, shall be construed to cover the liability of such employer under tMs Act for any occupational disease unless such liability is expressly accepted by the insurance carrier issuing such policy and is endorsed thereon ; the insur ance or security in force to cover compensation liability under this Act shall be separate and distinct from the insurance or security under the "Workmen's Compensation Act" and any insurance contract covering liability under either Act need not cover any liability under the other ; nothing herein contained shall apply to policies of excess liability car riage secured by employers who have qualified under sub-paragraphs 1 or 2 of paragraph (a) of this section, or (4) Make some other provision, satisfactory to the industrial com mission, for the securing of the payment of compensation provided for in this Act, and