(820
ILCS 305/6) (from Ch. 48, par. 138.6)
Sec.
6. (a) Every employer within the provisions of this Act, shall,
under the rules and regulations prescribed by the Commission, post
printed notices in their respective places of employment in such
number and at such places as may be determined by the Commission,
containing such information relative to this Act as in the judgment
of the Commission may be necessary to aid employees to safeguard
their rights under this Act in event of injury.
In
addition thereto, the employer shall post in a conspicuous place
on the place of the employment a printed or typewritten notice
stating whether he is insured or whether he has qualified and is
operating as a self-insured employer. In the event the employer
is insured, the notice shall state the name and address of his
insurance carrier, the number of the insurance policy, its effective
date and the date of termination. In the event of the termination
of the policy for any reason prior to the termination date stated,
the posted notice shall promptly be corrected accordingly. In the
event the employer is operating as a self-insured employer
the notice shall state the name and address of the company, if
any, servicing the compensation payments of the employer, and the
name and address of the person in charge of making compensation
payments.
(b)
Every employer subject to this Act shall maintain accurate records
of work-related deaths, injuries and illness other than minor
injuries requiring only first aid treatment and which do not involve
medical treatment, loss of consciousness, restriction of work or
motion, or transfer to another job and file with the Commission,
in writing, a report of all accidental deaths, injuries and illnesses
arising out of and in the course of the employment resulting in
the loss of more than 3 scheduled work days. In the case of death
such report shall be made no later than 2 working days following
the accidental death. In all other cases such report shall be made
between the 15th and 25th of each month unless required to be made
sooner by rule of the Commission. In case the injury results in
permanent disability, a further report shall be made as soon as
it is determined that such permanent disability has resulted or
will result from the injury. All reports shall state the date of
the injury, including the time of day or night, the nature of the
employer's business, the name, address, age, sex, conjugal condition
of the injured person, the specific occupation of the injured person,
the direct cause of the injury and the nature of the accident,
the character of the injury, the length of disability, and in case
of death the length of disability before death, the wages of the
injured person, whether compensation has been paid to the injured
person, or to his or her legal representative or his heirs or next
of kin, the amount of compensation paid, the amount paid for physicians',
surgeons' and hospital bills, and by whom paid, and the amount
paid for funeral or burial expenses if known. The reports shall
be made on forms and in the manner as prescribed by the Commission
and shall contain such further information as the Commission shall
deem necessary and require. The making of these reports releases
the employer from making such reports to any other officer of the
State and shall satisfy the reporting provisions as contained in
the "Health and Safety Act" and "An Act in relation
to safety inspections and education in industrial and commercial
establishments and to repeal an Act therein named", approved
July 18, 1955, as now or hereafter amended. The reports filed with
the Commission pursuant to this Section shall be made available
by the Commission to the Director of Labor or his representatives
and to all other departments of the State of Illinois which shall
require such information for the proper discharge of their official
duties. Failure to file with the Commission any of the reports
required in this Section is a petty offense.
Except
as provided in this paragraph, all reports filed hereunder shall
be confidential and any person having access to such records filed
with the Illinois Workers' Compensation Commission as herein required,
who shall release any information therein contained including the
names or otherwise identify any persons sustaining injuries or
disabilities, or give access to such information to any unauthorized
person, shall be subject to discipline or discharge, and in addition
shall be guilty of a Class B misdemeanor. The Commission shall
compile and distribute to interested persons aggregate statistics,
taken from the reports filed hereunder. The aggregate statistics
shall not give the names or otherwise identify persons sustaining
injuries or disabilities or the employer of any injured or disabled
person.
(c)
Notice of the accident shall be given to the employer as soon as
practicable, but not later than 45 days after the accident. Provided:
(1)
In case of the legal disability of the employee or any dependent
of a deceased employee who may be entitled to compensation under
the provisions of this Act, the limitations of time by this Act
provided do not begin to run against such person under legal disability
until a guardian has been appointed.
(2)
In cases of injuries sustained by exposure to radiological materials
or equipment, notice shall be given to the employer within 90 days
subsequent to the time that the employee knows or suspects that
he has received an excessive dose of radiation.
No
defect or inaccuracy of such notice shall be a bar to the maintenance
of proceedings on arbitration or otherwise by the employee unless
the employer proves that he is unduly prejudiced in such proceedings
by such defect or inaccuracy.
Notice
of the accident shall give the approximate date and place of the
accident, if known, and may be given orally or in writing.
(d)
Every employer shall notify each injured employee who has been
granted compensation under the provisions of Section 8 of this
Act of his rights to rehabilitation services and advise him of
the locations of available public rehabilitation centers and any
other such services of which the employer has knowledge.
In
any case, other than one where the injury was caused by exposure
to radiological materials or equipment or asbestos unless the application
for compensation is filed with the Commission within 3 years after
the date of the accident, where no compensation has been paid,
or within 2 years after the date of the last payment of compensation,
where any has been paid, whichever shall be later, the right to
file such application shall be barred.
In
any case of injury caused by exposure to radiological materials
or equipment or asbestos, unless application for compensation is
filed with the Commission within 25 years after the last day that
the employee was employed in an environment of hazardous radiological
activity or asbestos, the right to file such application shall
be barred.
If
in any case except one where the injury was caused by exposure
to radiological materials or equipment or asbestos, the accidental
injury results in death application for compensation for death
may be filed with the Commission within 3 years after the date
of death where no compensation has been paid or within 2 years
after the date of the last payment of compensation where any has
been paid, whichever shall be later, but not thereafter.
If
an accidental injury caused by exposure to radiological material
or equipment or asbestos results in death within 25 years after
the last day that the employee was so exposed application for compensation
for death may be filed with the Commission within 3 years after
the date of death, where no compensation has been paid, or within
2 years after the date of the last payment of compensation where
any has been paid, whichever shall be later, but not thereafter.
(e)
Any contract or agreement made by any employer or his agent or
attorney with any employee or any other beneficiary of any claim
under the provisions of this Act within 7 days after the injury
shall be presumed to be fraudulent.
(Source: P.A.
93-721, eff. 1-1-05.)