Notice of Proof in Law Action Form of Employer State and Persons Person in Contract of Business in his declaration or in his other pleading allege that the employer has filed notice of his election not to provide and pay compensation according to the provisions of the Workmen's Compensation Act and such allegation be not denied by a verified pleading, then such employer shall for the purpose of that action be conclusively presumed to have filed his notice of nonelection. (b) A certificate of the fact of the filing by an employer of the notice of non-election provided in section 2 and of the non-withdrawal thereof shall be prima facie proof in any action mentioned in section 3 of the fact of the filing of such notice of non-election and of the non-withdrawal thereof. Such certificate may be under the seal of the industrial board and signed by any member or the secretary thereof, of which seal and signature as such officer the court shall take judicial notice. Said certificate may be in substantially the following form: This is to certify that the attached is a correct copy of notice filed with the industrial board by.... ..on the...........day of ....19...., electing not to provide and pay compensation according to the provisions of the Workmen's Compensation Act of Illinois, and that the original of said notice is now on file in the office of the industrial board and has not been withdrawn since the date of the filing thereof. In witness whereof, this certificate has been subscribed and the seal of the industrial board affixed this......day of.. .... .19.... .of Industrial Board. [Amended by Act approved May 31, 1917. § 4. TERM "EMPLOYER"-HOW CONSTRUED.] The term "employer" as used in this Act shall be construed to be: First-The State, and each county, city, town, township, incorporated village, school district, body politic, or municipal corporation therein. Second-Every person, firm, public or private corporation, including hospitals, public service, eleemosynary, religious or charitable, corporations or associations who has any person in service or under any contract for hire, express or implied, oral or written, and who is engaged in any of the enterprises or businesses enumerated in section three (3) of· this Act, or who at or prior to the time of the accident to the employee for which compensation under this Act may be claimed, shall in the manner provided in this Act, have elected to become subject to the provisions of this Act, and who shall not, prior to such accident, have effected a withdrawal of such election in the manner provided in this Act. [Amended by Act approved June 25, 1917. § 5. TERM "EMPLOYEE"-HOW CONSTRUED.] The term "employee" as used in this Act, shall be construed to mean: First-Every person in the service of the State, county, city, town, township, incorporated village or school district, body politic or municipal corporations therein, under appointment or contract of hire, express or implied, oral or written, except any official of the State, or of any county, city, town, township, incorporated village, school district, body politic or municipal corporation therein and except any duly appointed member of the fire department in any city whose population exceeds two hundred thousand according to the last Federal or State census: Provided, that any such employee, his personal representative, beneficiaries or heirs, who is, are or shall be entitled to receive a pension or benefit for or on account of disability or death arising out of or in the course of his employment from a pension or benefit fund to which the State or any county, town, township, incorporated village, school district, body politic or municipal corporation therein is a contributor, in whole or in part, shall be entitled to receive only such part of such pension or benefit as is in excess of the amount of compensation recovered and received by such employee, his personal representative, beneficiaries or heirs under this Act. And, provided, further, that one employed by a contractor who has contracted with the State, or a county, city, town, township, incorporated village, school district, body politic or municipal corporation, therein, through its representatives, shall not be considered as an employee of the State, county, city, town, township, incorporated village, school district, body politic or municipal corporation which made the contract. Second-Every person in the service of another under any contract of hire, express or implied, oral or written, including persons whose employment is outside of the State of Illinois where the contract of hire is made within the State of Illinois, and including aliens, and minors who are legally permitted to work under the laws of the State, who, for the purpose of this Act, shall be considered the same and Election Employee Employment by Official Effect of Independent Contract of Employment outside of State Aliens Minors Excluded when not in usual course of trade Exclusion by No Common Action When • Employee Cov- Death Compensation Widow and Surviving Obligation to Amount Payments deducted Parent, Child Total Amount Parent, have the same power to contract, receive payments and give quittances therefor, as adult employees, but not including any person who is not engaged in the usual course of the trade, business, profession or occupation of his employer: Provided, that employees shall not be included within the provisions of this Act when excluded by the laws of the United States relating to liability of employers to their employees for personal injuries where such laws are held to be exclusive. (Amended by Act approved May 25, 1925. § 6. EMPLOYEE'S RIGHT TO RECOVER DAMAGES.] No common law or statutory right to recover damages for injury or death sustained by an employee while engaged in the line of his duty as such employee other than the compensation herein provided shall be available to any employee who is covered by the provisions of this Act, to any one wholly or partially dependent upon him, the legal representatives of his estate, or any one otherwise entitled to recover damages for such injury. § 7. AMOUNT OF COMPENSATION FOR INJURY RESULTING IN DEATH.] The amount of compensation which shall be paid for an injury to the employee resulting in death shall be: (a) If the employee leaves any widow, child or children whom he was under legal obligations to support at the time of his injury, a sum equal to four times the average annual earnings of the employee, but not less in any event than one thousand six hundred fifty dollars and not more in any event than three thousand seven hundred and fifty dollars. Any compensation payments other than necessary medical, surgical or hospital fees or services shall be deducted in ascertaining the amount payable on death. (b) If no amount is payable under paragraph (a) of this section and the employee leaves any parent, husband, child or children who at the time of injury were totally dependent upon the earnings of the employee. then a sum equal to four times the average annual earnings of the employee, but not less in any event than one thousand six hundred fifty dollars, and not more in any event than three thousand seven hundred fifty dollars. Any compensation payments other than necessary medical, surgical or hospital fees or services shall be deducted in ascertaining the amount payable on death. (c) If no amount is payable under paragraphs (a) or (b) of this section and the employee leaves any parent, child or children, grandparent or grand child, who at the time of injury were dependent upon the earnings of the employee, then such proportion of a sum equal to four times the average annual earnings of the employee as such dependency bears to total dependency, but not less in any event than one thousand six hundred fifty dollars and not more in any event than three thousand seven hundred fifty dollars. Any compensation payments other than necessary medical, surgical or hospital fees or services shall be deducted in ascertaining the amounts payable on death. (d) If no amount is payable under paragraphs (a), (b) or (c) of this section and the employee leaves collateral heirs dependent at the time of the injury to the employee upon his earnings, such a percentage of the sum provided in paragraph (a) of this section as the average annual contributions which the deceased made to the support of such dependent collateral heirs during the two years preceding the injury bears to his average annual earnings during such two years. Any compensation payments other than necessary medical, surgical or hospital fees or services shall be deducted in ascertaining the amounts payable on death. (e) If no amount is payable under paragraphs (a), (b), (c) or (d) of this section, a sum not to exceed one hundred and fifty dollars for burial expenses to be paid by the employer to the undertaker or to the person or persons incurring the expense of burial, and the further sum of three hundred dollars, which shall be paid into a special fund, of which the state treasurer shall be ex-officio custodian, such special fund to be held and disbursed for the purposes hereinafter stated in paragraph (f) of section 8, either upon the order of the industrial commission or of a competent court. (f) All compensation, except for burial expenses provided in this section to be paid in case injury results in death, shall be paid in installments equal to the percentage of the average earnings as provided for in section 8 of this Act, at the same intervals at which the wages or earnings of the employees were paid; or if this shall not be feasible, then the installments shall be paid weekly: Provided, such compensation may be paid in a lump sum upon petition as provided in section 9 of this Act. (g) The compensation to be paid for injury which results in death, as provided in this section, shall be paid to the persons who form the basis for determining the amount of compensation to be paid by the em Partial Apportionment Collateral Heirs Percentage No Heirs Special Fund Under Sec. 8 Compensation Installments of Compensation Determination of Dependency Child's Share paid to Orders Compensation Beneficiaries Personal Compensation One Child Two or more Compensation One child Two or More Compensation Medical Hospital ployer, the respective shares to be in the proportion of their respective dependency at the time of the injury on the earnings of the deceased: Provided, that the industrial commission or an arbitrator thereof may, in its or his discretion, order or award the payment to the parent or grandparent of a child for the latter's support the amount of compensation which but for such order or award would have been paid to such child as its share of the compensation payable, which order or award may be modified from time to time by the commission in its discretion with respect to the person to whom shall be paid the amount of said order or award remaining unpaid at the time of said modification. The payments of compensation by the employer in accordance with the order or award of the industrial commission shall discharge such employer from all further obligation as to such compensation. In a case where any of the persons who would be entitled to compensation is living at any place outside of the United States, then payment shall be made to the personal representative of the deceased employee. The distribution by such personal representative to the persons entitled shall be made to such persons and in such manner as the commission shall order. (h) 1. Whenever in paragraph (a) of this section a minimum of one thousand six hundred fifty dollars is provided, such minimum shall be increased in the following cases to the following amounts: Two thousand dollars in case of one child under the age of 16 years at the time of the death of the employee. Two thousand one hundred dollars in case of two or more children under the age of 16 years at the time of the death of the employee. Whenever in paragraph (a) of this section a maximum of three thousand seven hundred fifty dollars is provided, such maximum shall be increased in the following cases to the following amounts: Four thousand one hundred dollars in cases of one child under the age of 16 years at the time of the death of the employee. Four thousand three hundred fifty dollars in case of two or more children under the age of 16 years at the time of the death of the employee. [Amended by Act approved May 25, 1925. § 8. AMOUNT OF COMPENSATION FOR INJURY NOT RESULTING IN DEATH.] The amount of compensation which shall be paid to the employee for an injury not resulting in death shall be: (a) The employer shall provide the necessary first aid medical and surgical services, and all necessary |