Illinois Compiled Statutes
820 ILCS 305/2 (2026)
An employer in this State, who does not come within the classes enumerated by Section 3 of this Act, may elect to provide and pay compensation for accidental injuries sustained by himself or any employee, arising out of and in the course of the employment according to the provisions of this Act, and thereby relieve himself from any liability for the recovery of damages, except as herein provided
✓ current as of May 2026
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(820 ILCS 305/2)
(from Ch. 48, par. 138.2)
Sec. 2.
An employer in this State, who does not come within the classes
enumerated by Section 3 of this Act, may elect to provide and pay
compensation for accidental injuries sustained by himself or any employee,
arising out
of and in the course of the employment according to the provisions of this
Act, and thereby relieve himself from any liability for the recovery of
damages, except as herein provided. The State of Illinois hereby elects to
provide and pay compensation according to the provisions of this Act.
(a) Election by any employer to provide and pay compensation according
to the provisions of this Act shall be made by the employer filing notice
of such election with the Commission, or by insuring his liability to pay
compensation under this Act in some insurance carrier authorized, licensed
or permitted to do such insurance business in this State.
(b) Every employer within the provisions of this Act who has elected to
provide and pay compensation according to the provisions of this Act by
filing notice of such election with the Commission, shall be bound thereby
as to all his employees until January 1st of the next succeeding year and
for terms of each year thereafter.
Any such employer who may have once elected, may elect not to provide
and pay the compensation herein provided for accidents resulting in either
injury or death and occurring after the expiration of any such calendar
year by filing notice of such election with the Commission at least 60 days
prior to the expiration of any such calendar year, and by posting such
notice at a conspicuous place in the plant, shop, office, room or place
where such employee is employed, or by personal service, in written or
printed form, upon such employees, at least 60 days prior to the expiration
of any such calendar year.
Every employer within the provisions of this Act who has elected to
provide and pay compensation according to the provisions of this Act by
insuring his liability to pay compensation under this Act, as above
provided, shall be bound thereby as to all his employees until the date of
expiration or cancellation of such policy of insurance, or any renewal
thereof.
(c) In the event any employer mentioned in this section, elects to
provide and pay the compensation provided in this Act, then every employee
of such employer, as a part of his contract of hiring or who may be
employed at the time of the taking effect of this Act and the acceptance of
its provisions by such employer, shall be deemed to have accepted all the
provisions of this Act and shall be bound thereby unless within 30 days
after such hiring or after the taking effect of this Act, and its
acceptance by such employee, he shall file a notice to the contrary with
the Commission, whose duty it shall be to immediately notify the employer,
and until such notice to the contrary is given to the employer, the measure
of liability of such employer shall be determined according to the
compensation provisions of this Act.
However, any employee may withdraw from the operation of this Act,
except those under Section 3, upon filing a written notice of withdrawal at
least 10 days prior to January 1st of any year with the Commission, whose
duty it shall be to immediately notify such employer by registered mail,
and, until such notice to the contrary is given to such employer, the
measure of liability of such employer shall be determined according to the
compensation provisions of this Act.
(d) Any such employer or employee may, without prejudice to any existing
right or claim withdraw his election to reject this Act by giving 30 days'
written notice in such manner and form as may be provided by the
Commission.
(Source: P.A. 83-190.)
Notes of Decisions
Cited in 88
cases (5 in the last 5 years), 1994–2026 · leading case: Brucker v. Mercola, 886 N.E.2d 306 (Ill. 2007).
Brucker v. Mercola, 886 N.E.2d 306 (Ill. 2007). “820 ILCS 305/2 (West 2006). This court has placed the following construction on "arising out of": "The `arising out of' component is primarily concerned with causal connection.”
Hosteny v. Illinois Workers' Comp. Comm'n, 928 N.E.2d 474 (Ill. App. Ct. 2009). “820 ILCS 305/2 (West 2004). Both elements must be present at the time of the employee’s injury in order to justify compensation, and it is the employee’s burden to establish these elements by a preponderance of the evidence.”
Baggett v. Indus. Comm'n, 775 N.E.2d 908 (Ill. 2002). “" 820 ILCS 305/2 (West 1998). An injury "arises out of one's employment if it originates from a risk connected with, or incidental to, the employment, involving a causal connection between the employment and the accidental injury.”
Metro. Water Reclamation Dist. v. Illinois Workers' Comp. Comm'n, 944 N.E.2d 800 (Ill. App. Ct. 2011). “On appeal, the claimant argues that the circuit court erred in setting aside the decision of the Commission, where the evidence established that the accidental injuries she sustained on November 9, 2005, arose out of her employment.”
Econ. Packing Co. v. Illinois Workers' Comp. Comm'n, 901 N.E.2d 915 (Ill. App. Ct. 2008). “Accordingly, Economy maintains that before an undocumented alien, such as the claimant, can receive PTD benefits under the "odd-lot" category she must establish that she is not employable, due to her age, training, education, and experience, in a country where she is legally…”
Tower Auto. v. Illinois Workers' Comp. Comm'n, 943 N.E.2d 153 (Ill. App. Ct. 2011). “Tower argues that the Commission's finding that the claimant suffered an accident *160 arising out of and in the course of his employment and its finding that the injury to his cervical spine is causally connected to any such accident are against the manifest weight of the…”
Homerding v. Indus. Comm'n, 765 N.E.2d 1064 (Ill. App. Ct. 2002). “820 ILCS 305/2 (West 1998). Both elements must be present at the time of the claimant's injury in order to justify compensation.”
First Cash Fin. Servs. v. Indus. Comm'n, 853 N.E.2d 799 (Ill. App. Ct. 2006). “820 ILCS 305/2 (West 2002). Both elements must be present in order to justify compensation.”
Greaney v. Indus. Comm'n, 832 N.E.2d 331 (Ill. App. Ct. 2005). “820 ILCS 305/2 (West 2002). Every natural consequence that flows from an injury arising out of and in the course of a claimant’s employment is compensable unless such injury is caused by an independent intervening act which breaks the causal connection between the employment and…”
Kaufmann v. Schroeder, 946 N.E.2d 345 (Ill. 2011). “To satisfy this requirement it must be shown that the injury had its origin in some risk connected with, or incidental to, the employment so as to create a causal connection between the employment and the accidental injury.”
Litchfield Healthcare Ctr. v. Indus. Comm'n, 812 N.E.2d 401 (Ill. App. Ct. 2004). “820 ILCS 305/2 (West 2000). Both elements must be present at the time of the claimant's injury in order to justify compensation.”
Luchesi v. Ret. Bd. of Firemen's Annuity, 776 N.E.2d 703 (Ill. App. Ct. 2002). “” 820 ILCS 305/2 (West 1998). The Code requires payment of duty disability benefits to any firefighter who becomes disabled “as the result of a specific injury, or of cumulative injuries, *** incurred in or resulting from an act or acts of duty.”
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