ILCS » Chapter 820 · Act 305

820 ILCS 305/3

The provisions of this Act hereinafter following shall apply automatically and without election to the State, county, city, town, township, incorporated village or school district, body politic or municipal corporation, and to all employers and all their employees, engaged in any department of the following enterprises or businesses which are declared to be extra hazardous, namely:     1

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(820 ILCS 305/3) (from Ch. 48, par. 138.3)
    Sec. 3. The provisions of this Act hereinafter following shall apply automatically and without election to the State, county, city, town, township, incorporated village or school district, body politic or municipal corporation, and to all employers and all their employees, engaged in any department of the following enterprises or businesses which are declared to be extra hazardous, namely:
    1. The erection, maintaining, removing, remodeling, altering or demolishing of any structure.
    2. Construction, excavating or electrical work.
    3. Carriage by land, water or aerial service and loading or unloading in connection therewith, including the distribution of any commodity by horsedrawn or motor vehicle where the employer employs more than 2 employees in the enterprise or business.
    4. The operation of any warehouse or general or terminal storehouses.
    5. Mining, surface mining or quarrying.
    6. Any enterprise in which explosive materials are manufactured, handled or used in dangerous quantities.
    7. In any business or enterprise, wherein molten metal, or explosive or injurious gases, dusts or vapors, or inflammable vapors, dusts or fluids, corrosive acids, or atomic radiation are manufactured, used, generated, stored or conveyed.
    8. Any enterprise in which sharp edged cutting tools, grinders or implements are used, including all enterprises which buy, sell or handle junk and salvage, demolish or reconstruct machinery.
    9. In any enterprise in which statutory or municipal ordinance regulations are now or shall hereafter be imposed for the regulating, guarding, use or the placing of machinery or appliances or for the protection and safeguarding of the employees or the public therein; each of which occupations, enterprises or businesses are hereby declared to be extra hazardous.
    10. Any enterprise, business or work in connection with the laying out or improvement of subdivisions of tracts of land.
    11. Any enterprise for the treatment of cross-ties, switch-ties, telegraph poles, timber or other wood with creosote or other preservatives.
    12. Establishments open to the general public wherein alcoholic beverages are sold to the general public for consumption on the premises.
    13. The operation of any public beauty shop wherein chemicals, solutions, or heated instruments or objects are used or applied by any employee in the dressing, treatment or waving of human hair.
    14. Any business or enterprise serving food to the public for consumption on the premises wherein any employee as a substantial part of the employee's work uses handcutting instruments or slicing machines or other devices for the cutting of meat or other food or wherein any employee is in the hazard of being scalded or burned by hot grease, hot water, hot foods, or other hot fluids, substances or objects.
    15. Any business or enterprise in which electric, gasoline or other power driven equipment is used in the operation thereof.
    16. Any business or enterprise in which goods, wares or merchandise are produced, manufactured or fabricated.
    17. (a) Any business or enterprise in which goods, wares or merchandise are sold or in which services are rendered to the public at large, provided that this paragraph shall not apply to such business or enterprise unless the annual payroll during the year next preceding the date of injury shall be in excess of $1,000.
    (b) The corporate officers of any domestic or foreign corporation employed by the corporation may elect to withdraw themselves as individuals from the operation of this Act. Upon an election by the corporate officers to withdraw, written notice shall be provided to the insurance carrier of such election to withdraw, which election shall be effective upon receipt by the insurance carrier of such written notice. A corporate officer who thereafter elects to resume coverage under the Act as an individual shall provide written notice of such election to the insurance carrier which election shall be effective upon receipt by the insurance carrier of such written notice. For the purpose of this paragraph, a "corporate officer" is defined as a bona fide President, Vice President, Secretary or Treasurer of a corporation who voluntarily elects to withdraw.
    18. On and after July 1, 1980, but not before, any household or residence wherein domestic workers are employed for a total of 40 or more hours per week for a period of 13 or more weeks during a calendar year.
    19. Nothing contained in this Act shall be construed to apply to any agricultural enterprise, including aquaculture, employing less than 400 working days of agricultural or aquacultural labor per quarter during the preceding calendar year, exclusive of working hours of the employer's spouse and other members of his or her immediate family residing with him or her.
    20. Nothing contained in this Act shall be construed to apply to any sole proprietor or partner or member of a limited liability company who elects not to provide and pay compensation for accidental injuries sustained by himself, arising out of and in the course of the employment according to the provisions of this Act.
(Source: P.A. 91-591, eff. 8-14-99.)

    
Notes of Decisions
Cited in 16 cases, 1995–2020 · leading case: Country Mutual Insurance v. D & M Tile, Inc.
Sort: Relevance Newest Treatment
Country Mutual Insurance v. D & M Tile, Inc. (2009) illappct · cites it 18× “820 ILCS 305/3(17)(b) (West 2006). Under section 3(17)(b), the corporate officers of any corporation may elect to withdraw themselves as individuals from the operation of the Act.”
General Casualty Co. v. Carroll Tiling Service, Inc. (2003) illappct · cites it 5× “Section 3(17)(b) states that the “corporate officers of any domestic or foreign corporation employed by the corporation may elect to withdraw themselves as individuals from the operation of this Act” (820 ILCS 305/3(17) (b) (West 2000)) by providing written notice to the insurer.”
Virginia Surety Co. v. Bill's Builders, Inc. (2007) illappct · cites it 7× “The corporation was involved in the construction business, an extrahazardous activity as defined by the Illinois Workers’ Compensation Act (820 ILCS 305/3 (West 2004)) (the Act). Geigner was president of the corporation.”
Cropmate Co. v. Industrial Commission (2000) illappct · cites it 10× “The arbitrator ruled that claimant was a statutory employee of Cropmate pursuant to section 3 of the Act (820 ILCS 305/3 (West 1994)). The arbitrator found that Cropmate owned the building in question, the building was required by environmental regulations, and it was a…”
D. Mayer Landscaping, Inc. v. Industrial Commission (2002) illappct · cites it 5× “In the initial judicial review proceeding, the circuit court confirmed the Commission’s decision that there was sufficient written notice of the corporate officer’s election to withdraw from coverage and a signed waiver for each excluded officer was not required by section 3 of…”
Hagemann v. Illinois Workers' Compensation Commission (2010) illappct · cites it 3× “Sherman moved to dismiss the application, arguing that his business fell under the agricultural enterprise exemption of the Workers’ Compensation Act (Act) (820 ILCS 305/3(19) (West 2008)). The arbitrator granted the motion to dismiss, and Hagemann appealed to the Illinois…”
Heepke v. Heepke Farms, Inc. (1995) illappct · cites it 2× “(820 ILCS 305/3 (West 1992).) Each corporate officer, including plaintiff, signed the form electing to withdraw from coverage.”
Eisenberg v. Industrial Com'n of Illinois (2003) illappct “820 ILCS 305/3, 4(a) (West 2000). As we noted above, while the Commission’s investigation concerning plaintiffs’ compliance with the Act was pending, plaintiffs filed a verified complaint and verified first amended complaint in the trial court which sought a declaration that…”
Hunter v. Southworth Products Corp. (2002) illappct “Under the Act, an employer includes a person, firm, or private corporation with a person in service or under contract for hire and who is engaged in any of the extrahazardous activities enumerated in section 3 of the Act (820 ILCS 305/3 (West 2000)) or who, at or prior to the…”
Nelson v. Industrial Commission (1999) illappct “820 ILCS 305/3 (West 1996). Second, claimant asserts that the broad definition of “employee” provided in section 1(b)(1) of the Act (820 ILCS 305/1(b)(1) (West 1996)) also requires application to all firefighters.”
Virginia Surety Company v. Bill's Builders (2007) illappct · cites it 5× “The corporation was involved in the construction business, an extra hazardous activity as defined by the Illinois Workers’ Compensation Act (820 ILCS 305/3 (West 2004) (the Act)). Geigner was president of the corporation.”
General Casualty Co. v. Carroll Tiling Services, Inc. Replaces withdrawn Opinion filed April 15, 2003 (2003) illappct · cites it 5× “" 820 ILCS 305/3(17)(b) (West 2000). (The version of section 3(17)(b) of the Act in effect in 1997 at the time of Todd’s election to withdraw himself from insurance coverage contained language limiting its effect to small businesses.”
Show all 16 citing cases →
— 820 ILCS 305/3(1) — 1 case
Munoz v. Bulley & Andrews, LLC (2020) illappct
— 820 ILCS 305/3(17) — 2 cases
General Casualty Co. v. Carroll Tiling Service, Inc. (2003) illappct “Section 3(17)(b) states that the “corporate officers of any domestic or foreign corporation employed by the corporation may elect to withdraw themselves as individuals from the operation of this Act” (820 ILCS 305/3(17) (b) (West 2000)) by providing written notice to the insurer.”
Virginia Surety Co. v. Bill's Builders, Inc. (2007) illappct “The corporation was involved in the construction business, an extrahazardous activity as defined by the Illinois Workers’ Compensation Act (820 ILCS 305/3 (West 2004)) (the Act). Geigner was president of the corporation.”
— 820 ILCS 305/3(17)(b) — 6 cases
Country Mutual Insurance v. D & M Tile, Inc. (2009) illappct “820 ILCS 305/3(17)(b) (West 2006). Under section 3(17)(b), the corporate officers of any corporation may elect to withdraw themselves as individuals from the operation of the Act.”
General Casualty Co. v. Carroll Tiling Service, Inc. (2003) illappct “Section 3(17)(b) states that the “corporate officers of any domestic or foreign corporation employed by the corporation may elect to withdraw themselves as individuals from the operation of this Act” (820 ILCS 305/3(17) (b) (West 2000)) by providing written notice to the insurer.”
D. Mayer Landscaping, Inc. v. Industrial Commission (2002) illappct “In the initial judicial review proceeding, the circuit court confirmed the Commission’s decision that there was sufficient written notice of the corporate officer’s election to withdraw from coverage and a signed waiver for each excluded officer was not required by section 3 of…”
Virginia Surety Co. v. Bill's Builders, Inc. (2007) illappct “The corporation was involved in the construction business, an extrahazardous activity as defined by the Illinois Workers’ Compensation Act (820 ILCS 305/3 (West 2004)) (the Act). Geigner was president of the corporation.”
General Casualty Co. v. Carroll Tiling Services, Inc. Replaces withdrawn Opinion filed April 15, 2003 (2003) illappct “" 820 ILCS 305/3(17)(b) (West 2000). (The version of section 3(17)(b) of the Act in effect in 1997 at the time of Todd’s election to withdraw himself from insurance coverage contained language limiting its effect to small businesses.”
— 820 ILCS 305/3(19) — 1 case
Hagemann v. Illinois Workers' Compensation Commission (2010) illappct “Sherman moved to dismiss the application, arguing that his business fell under the agricultural enterprise exemption of the Workers’ Compensation Act (Act) (820 ILCS 305/3(19) (West 2008)). The arbitrator granted the motion to dismiss, and Hagemann appealed to the Illinois…”
— 820 ILCS 305/3(3) — 1 case
Hagemann v. Illinois Workers' Compensation Commission (2010) illappct “Sherman moved to dismiss the application, arguing that his business fell under the agricultural enterprise exemption of the Workers’ Compensation Act (Act) (820 ILCS 305/3(19) (West 2008)). The arbitrator granted the motion to dismiss, and Hagemann appealed to the Illinois…”
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