§ 21. AWARD NOT SUBJECT TO LIEN-DEATH.] No payment, claim, award or decision under this Act shall be assignable or subject to any lien, attachment or garnishment, or be held liable in any way for any lien, debt, penalty or damages. A decision or award of the industrial commission against an employer for compensation under this Act, or a written agreement by an employer to pay such compesnation shall, upon the filing of a certified copy of the decision or said agreement, as the case may be, with the recorder of deeds of the county, constitute a lien upon all property of the employer within said county, paramount to all other claims or liens, except mortgages, trust deeds, or for wages or taxes, and such liens may be enforced in the manner provided for the foreclosure of mortgages under the laws of this State. Any right to receive compensation hereunder shall be extinguished by the death of the person or persons entitled thereto, subject to the provisions of this Act relative to compensation for death received in the course of employment: Provided, that upon the death of a beneficiary, who is receiving compensation provided for in section 7, leaving surviving a parent, sister or brother of the deceased employee, at the time of his death dependent upon him for support, who were receiving from such beneficiary a contribution to support, then that proportion of the compensation of the beneficiary which would have been paid but for the death of the beneficiary, but in no event exceeding said unpaid compensation, which the contribution of the beneficiary to the dependent's support within one year prior to the death of the beneficiary bears to the compensation of the beneficiary within that year, shall be continued for the benefit of such dependents, notwithstanding the death of the beneficiary. [Amended by Act approved June 28, 1919. § 22. CONTRACT WITHIN SEVEN DAYS AFTER INJURY PRESUMED FRAUDULENT.] 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 seven days after the injury shall be presumed to be fraudulent. § 23. WAIVER OF PROVISIONS MUST BE APPROVED BY INDUSTRIAL BOARD. J. No employee, personal representative, or beneficiary shall have power to waive any of the provisions of this Act in regard to the amount of compensation which may be payable to such employee, personal representative or beneficiary hereunder except after approval by the industrial board. Award Non-Assignable Decision Lien Compensation Death Contract Fraudulent Provisions Notice of Notice of Mental Inaccuracy Notice Claim for Written Claim Barred Unless with Commission Liability Depositing Annuity § 24. NOTICE OF ACCIDENT-LIMIT OF TIME FOR FILING CLAIM.] No No proceedings for compensation under this Act shall be maintained unless notice of the accident has been given to the employer as practicable, but not later than thirty days after the accident, except in cases of hernia, in which cases notice shall be given the employer within fifteen days after the accident. In cases of mental incapacity of the employee notice must be given within six months after such accident. No defect or inaccuracy of such notice shall be a bar to the maintenance of proceedings of 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; provided, no proceedings for compensation under this Act shall be maintained unless claim for compensation has been made within six months after the accident, or in the event that payments have been made under the provisions of this Act unless written claim for compensation has been made within six months after such payments have ceased and a receipt therefor or a statement of the amount of compensation paid shall have been filed with the commission: Provided, that in any case, unless written claim for compensation is filed with the industrial commission within one year after the date of the injury or within one year after the date of the last payment of compensation, the right to file such application shall be barred. [Amended by Act approved May 25, 1925. § 25. How EMPLOYER MAY BE RELIEVED OF LIABILITY FOR COMPENSATION.] Any employer against whom liability may exist for compensation under this Act shall upon the order and direction of the industrial commission: (a) Deposit the commuted value of the total unpaid compensation for which such liability exists, computed at three percentum per annum in the same manner as provided in section 9, with the State Treasurer, or county treasurer in the county where the accident happened, or with any State or National bank or trust company doing business in this State, or in some other suitable depository approved by the industrial commission: Provided, that any such depository to which such compensation may be paid, shall pay the same out in installments as in this Act provided, unless such sum is ordered paid in, and is commuted to a lump sum payment in accordance with the provisions of this Act; or (b) Purchase an annuity, in an amount of compensation due or computed, under this Act within the limitation provided by law in any insurance company granting annuities and licensed or permitted to do business in this State which may be designated by the employer or the industrial commission. [Amended by Act approved June 21, 1921. § 26. PROVISION TO BE MADE BY EMPLOYER ELECT ING TO PAY COMPENSATION-APPROVAL OF INDUSTRIAL -INSURANCE LIABILITY-FAILURE TO COMPLY.] (a) (1) File with the commission a sworn statement showing his financial ability to pay the compensation provided for in this Act, or (2) Furnish security, indemnity or a bond guaranteeing the payment by the employer of the compensation provided for in this Act, or (3) Insure to a reasonable amount his liability to pay such compensation in some corporation or organization authorized, licensed or permitted to do such insurance business in this State, or Provisions to Statement Furnishing Security Insuring (4) Make some other provisions for the securing Alternative of the payment of compensation provided for in this Act, and (5) Upon becoming subject to this Act and thereafter as often as the commission may in writing demand, file with the commission in form prescribed by it evidence of his compliance with the provisions of this paragraph. (b) The sworn statement of financial ability, or security, indemnity or bond, or amount of insurance, or other provisions, filed, furnished, carried, or made by the employer, as the case may be, shall be subject to the approval of the commission, upon the approval of which, the commission shall send to the employer written notice of its approval thereof. The filing with the commission of evidence of compliance with paragraph (a) of this section as therein provided shall constitute such compliance until ten days after written notice of the employer of the disapproval by the commission. (c) Whenever the industrial commission shall find that any corporation, company, association, aggregation of individuals, or other insurer affecting workmen's compensation insurance in this State shall be insolvent, financially unsound, or unable to fully meet all payments and liabilities assumed or to be assumed for compensation insurance in this State, or shall practice a policy of delay or unfairness toward employees in the File Evidence of Compliance Approval by Commission Insurer Delay and Discontinuance of Business Order Review of Non-Compliance Penalty Existing Mutual Benefit adjustment, settlement, or payment of benefits due such employees, the said industrial commission may after reasonable notice and hearing order and direct that such corporation, company, association, aggregation of individuals, or insurer, shall from and after a date fixed in such order discontinue the writing of any such workmen's compensation insurance in this State. Subject to such modification of said order as the commission may later make on review of said order, as herein provided, it shall thereupon be unlawful for any such corporation, company, association, aggregation of individuals, or insurer to effect any workmen's compensation insurance in this State. Any such order made hv said industrial commission shall be subject to review by the courts, as in the case of other orders of said industrial commission, provided that upon said review the Circuit Court shall have power to review all questions of fact as well as of law. (d) The failure or neglect of an employer to comply with the provisions of paragraph (a) of this section shall be deemed a misdemeanor punishable by a fine equal to ten cents per each employee of such employer at the time of such failure or neglect, but not less than one dollar nor more than fifty dollars, for each day of such refusal or neglect until the same ceases. Each day of such refusal or neglect shall constitute a separate offense. [Amended by Act approved June 28, 1919. § 27. NOT AFFECT CONTINUANCE OF ANY EXISTING INSURANCE, ETC.-NOT PREVENT EMPLOYER FROM INSURING EMPLOYEE MAY INSURE FOR ADDITIONAL BENEFITS.] (a) This Act shall not affect or disturb the continuance of any existing insurance, mutual aid, benefit or relief association or department, whether maintained in whole or in part by the employer or whether maintained by the employees, the payment of benefits of such association or department being guaranteed by the employer or by some person, firm or corporation for him: Provided, the employer contributes to such association or department an amount not less than the full compensation herein provided, exclusive of the cost of the maintenance of such association or department and without any expense to the employee. This Act shall not prevent the organization and maintaining under the insurance laws of this State of any benefit or insurance company for the purpose of insuring against the compensation provided for in this Act, the expense of which is maintained by the employer. This Act shall not prevent the organization or maintaining under the insurance laws of this State of any voluntary mutual aid, benefit or relief association among employees for the payment of additional accident or sick benefits. (b) No existing insurance, mutual aid, benefit or relief association or department shall, by reason of anything herein contained be authorized to discontinue its operation without first discharging its obligations to any and all persons carrying insurance in the same or entitled to relief or benefits therein. (c) Any contract, oral, written or implied of employment providing for relief benefit, or insurance or any other device whereby the employee is required to pay any premium or premiums for insurance against the compensation provided for in this Act shall be null and void, and any employer withholding from the wages of any employee any amount for the purpose of paying any such premium shall be guilty of a misdemeanor and punishable by a fine of not less than ten dollars nor more than one thousand dollars, or imprisonment in the county jail for not more than six months, or both in the discretion of the court. § 28. WHEN INSURANCE CARRIER BECOMES PRIMARILY LIABLE.] In the event the employer does not pay the compensation for which he is liable, then an insurance company, association or insurer which may have insured such employer against such liability shall become primarily liable to pay to the employee, his personal representative or beneficiary the compensation required by the provisions of this Act to be paid by such employer. The insurance carrier may be made a party to the proceedings to which the employer is a party and an award may be entered jointly against the employer and the insurance carrier. [Amended by Act approved June 28, 1919. § 29. WHERE INJURY CAUSED UNDER CIRCUM STANCES CREATING A LEGAL LIABILITY IN SOME PER SON OTHER THAN THE EMPLOYER.] Where an injury or death for which compensation is payable by the employer under this Act, was not proximately caused by the negligence of the employer or his employees. and was caused under circumstances creating a legal liability for damages in some person other than the employer to pay damages, such other person having also elected to be bound by this Act, or being bound thereby under section three (3) of this Act, then the right of the employee or personal representative to recover against such other person shall be subrogated to his employer and such employer may bring legal proceedings against such other person to recover the dam Insurer Wages Withheld for Carrier Liability Joint Third Person Injury by Subrogation |