Document rpEz2wqG5v2o3ZdKNmBmdLZ57

FILE NAME John Crane JC DATE 1936 DOC JC066 DOCUMENT DESCRIPTION Illinois Law - Occupational Diseases LAWS STATE OF ILLINOIS ENACTED BY THE NINTH GENERAL ASSEMBLY AT THE FIRST SPECIAL SESSION Begun and Held at the Capitol in the City of Springfield on the Twenty- eighth 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 Assembly of the State of Illinois 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 mills 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 mills 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to provide for the enforcement thereof approved June 4 1909 approved June 29 1915 as amended be and the same hereby is repealed such repeal to take effect July 1 1937 and that section 4 of An Act in relation to employments creating poisonous fumes or dust in harmful quantities and to provide for the enforcement thereof approved June 29 1915 be and the same hereby is repealed such repeal to take effect October 1 1936 and that An Act providing for the reporting compiling and publishing of information concerning accidents to and deaths by accident of employes approved May 24 1907 be and the same hereby is repealed such repeal to take effect upon the passage of this Act 21.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 - APPROVED March 16 1936 OCCUPATIONAL DISEASES Linkit Linkit 3. Linkit K^r K^r K^r K^r j^m 10 11 12 6893 13 6893 14 15 16. 17 606050 18 0 0 19 20 Title of Act Liability of employer Right 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 Rules and orders of commission Forms records Industrial commission to settle disputed question Procedure of disputed questions Industrial commission report 21 21 22. 23 8 24 25 ' 8 26 27 28 29 ; 30 31 32 33 34 35 Compensation not assignable subject to lien attachment or garnishment Fraudulent contract or agree- ment Right to waive any provision of Act Notice to employer for compen- sation Length of time employee Employer liable Provisions for employers to ex- 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 Report to commission Posting of notices Penalty Act repealed Validity of Act Effective date HOUSE BILL No. 10 APPROVED MARCH 16 1936. AN AOT to promote the general welfare of the people of this State by providing remedies for injuries suffered or death resulting from occupational 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 that this section shall not affect any right 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 shall 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 recovery of damages for the injury sustained by reason of such death not to exceed the sum of ten thousand dollars 10,000.00 provided that 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 ninth General Assembly at the third special session or violation by the employer of any statute of this State intended for the protection of the health of employees shall be and constitute negligence of the employer within the meaning of this section provided further that 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 that 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 that in any action to recover damages under this section it shall not be a defense that 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 that 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 contributory 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 exas defined in this Act to the hazards of the occupational disease pcolsauirmeed 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 69 EMPLOYMENT The employer liable for the compensation in this Act provided shall be the employer in whose employment the employee was last ex- to the hazard of the occupational disease claimed upon regardless pofostehde length of time of such last exposure provided that 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 or more after the effective date of this Act to the hazard sixty 60 days disease and in such cases an exposure during a of such occupational after the effective date of this Act period of less than sixty 60 days 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 his finan- 1 File with the commission a sworn statement showing 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 partnership or by the owner if it be neither a partnership nor a corporation or if any such fails to file such a sworn statement or if the sworn statement employer does not satisfy the commission of the financial of any such employer filed it the commission shall require ability of the employer who has ; such employer to Furnish security indemnity or a bond guaranteeing the pay- 2 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 this State provided all policies of such insurance carriers insuring the payment of compensation under this 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 within the effective period of the policy anything to the contrary in said policy notwithstanding provided further that no pol- of insurance in effect at the time of the enactment of this Act cover- icy ing the liability of an employer for workmen's compensation shall be construed to cover the liability of such employer under this Act for any disease unless such liability is expressly accepted by the occupational 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- liability_car- 1 riage secured by employers who have qualified under paragraphs or 2 of paragraph a of this section or to the industrial com- 4 Make some other provision satisfactory for mission for the securing of the payment of compensation provided in this Act and