Third Person Subrogation Accident ages sustained in an amount not exceeding the aggregate amount of compensation payable under this Act, by reason of the injury or death of such employee. Where the injury or death for which compensation is payable 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 on the part of some person other than the employer to pay damages, such other person having elected not to be bound by this Act, then legal proceedings may be taken against such other person to recover damages notwithstanding such employer's payment of or liability to pay compensation under this Act, but in such case if the action against such other person is brought by the injured employee or his personal representative and judgment is obtained and paid, or settlement is made with such other person, either with or without suit, then from the amount received by such employee or personal representative there shall be paid to the employer the amount of compensation paid or to be paid by him to such employee or his personal representative: Provided, that if the injured employee or his personal representative shall agree to receive compensation from the employer or to institute proceedings to recover the same or accept from the employer any payment on account of such compensation, such employer shall be subrogated to all the rights of such employee or personal representative and may maintain, or in case an action has already been instituted, may continue an action either in the name of the employee or personal representative or in his own name against such other person for the recovery of damages to which but for this section the said employee or personal representative would be entitled, but such employer shall nevertheless pay over to the injured employee or personal representative, all sums collected from such other person by judgment or otherwise in excess of the amount of such compensation paid or to be paid under this Act, and all costs, attorneys' fees and reasonable expenses incurred by such employer in making such collection and enforcing such liability. [Amended by Act approved June 25, 1917. $30. REPORT OF ACCIDENT, ETC., BY EMPLOYER TO INDUSTRIAL BOARD.] It shall be the duty of every employer within the provisions of this Act to send to the industrial board in writing an immediate report of all accidental injuries arising out of or in the course of the employment and resulting in death; it shall also be the duty of every such employer to re port between the 15th and the 25th of each month to the industrial board all accidental injuries for which compensation has been paid under this Act, which injuries entail a loss to the employee of more than one week's time, and 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 such 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, the 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 legal representatives 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 making of reports as provided herein shall release the employer covered by the provisions of this Act from making such reports to any other officer of the State. §31. WHO INCLUDED IN TERM “EMPLOYER"-CONTRACTING WITH OTHERS TO DO THE WORK.] Any one engaging in any business or enterprise referred to in sub-sections 1 and 2 of section 3 of this Act who undertakes to do any work enumerated therein, shall be liable to pay compensation to his own immediate employees in accordance with the provisions of this Act, and in addition thereto if he directly or indirectly engages any contractor whether principal or sub-contractor to do any such work, he shall be liable to pay compensation to the employees of any such contractor or sub-contractor unless such contractor or sub-contractor shall have insured, in any company or association authorized under the laws of this State to insure the liability to pay compensation under this Act, or guaranteed his liability to pay such compensation. In the event any such person shall pay compensation under this section he may recover the amount thereof from the contractor or sub-contractor, if any, and in the event the contractor shall pay compensation under this section he may recover the amount thereof from the sub-contractor, if any. This section shall not apply in any case where the accident occurs elsewhere than on, in or about the immediate premises on which the principal has Disability Report As to Contract Duty to Recovery Contractor Immediate Invalidity of Part Right of Action Adjustment Claim Under Refusal to Penalty Name of Invalidity contracted that the work shall be done. [Amended by Act approved June 28, 1919. § 32. RIGHT OF ACTION ACCRUING BEFORE TAKING EFFECT OF THIS ACT-IF THIS ACT REPEALED, Etc.— CLAIM UNDER PREVIOUS ACT HOW ADJUSTED.] If any of the provisions of this Act providing for compensation for injuries to or death of employees shall be repealed or adjudged invalid or unconstitutional, the period intervening between the occurrence of an injury or death and such repeal or final adjudication of invalidity, shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death, but the amount of any compensation which may have been paid for any such injury shall be deducted from any judgment for damages recovered on account of such injury. Any claim, disagreement or controversy existing or arising under "An Act to promote the general welfare of the people of this State, by providing compensation for accidental injuries or death suffered in the course of employment," approved June 10, 1911, in force May 1, 1912, shall be adjusted in accordance with the provisions of said Act, notwithstanding the repeal thereof, or may by agreement of the parties be adjusted in accordance with the method of procedure provided in this Act for the adjustment of differences, jurisdiction to adjust such differences so submitted by the parties being hereby conferred upon the industrial board or committee of arbitration provided for in this Act. [Amended by Act approved June 25. 1917. § 33. PENALTIES.] Any wilful neglect, refusal or failure to do the things required to be done by any section, clause, or provision of this Act, on the part of the persons herein required to do them, or any violation of any of the provisions or requirements hereof, or any attempt to obstruct or interfere with any court officer, or any other person charged with the duty of administering or enforcing the provisions of this Act, shall be deemed a misdemeanor, punishable by a fine of not less than $10.00 nor more than $500.00 at the discretion of the court. §331⁄2 NAME OF ACT.] This Act may be cited as the Workmen's Compensation Act. [Added by an Act approved June 28, 1915. § 34. INVALIDITY.] The invalidity of any portion of this Act shall in no way affect the validity of any other portion thereof which can be given effect without such invalid part. $35. REPEAL.] That an Act to promote the general welfare of the State of Illinois by providing compensation for accidental injuries or death suffered in the course of employment, approved June 10, 1911, in force May 1, 1912, be, and the same is, hereby repealed. OCCUPATIONAL DISEASES. AN ACT to amend section 15 of "An Act to promote the public health by protecting certain employees in this State from the dangers of occupational diseases, and providing for the enforcement thereof," approved May 26, 1911, in force July 1, 1911, as amended. Be it enacted by the People of the State of Illinois, represented in the General Assembly: SECTION 1. Section 15 of "An Act to promote the public health by protecting certain employees in this State from the dangers of occupational diseases, and providing for the enforcement thereof," approved May 26, 1911, in force July 1, 1911, as amended, is amended to read as follows: § 15. (a) For any injury to the health of any employee proximately caused by any wilful violation of section 1 of this Act, or wilful failure to comply with any of the provisions of section 1 of this Act, a right of action shall accrue to the party whose health has been so injured, for any direct damages sustained thereby; and in case of the loss of life by reason of such wilful violation or wilful failure as aforesaid, a right of action shall accrue to the widow of such deceased person, his lineal heirs or adopted children, or to any other person or persons who were, before such loss of life, dependent for support upon such deceased person, for a like recovery of damages for the injury sustained by reason of such loss of life not to exceed the sum of ten thousand dollars: Provided, that every such action for damages in case of death shall be commenced within one year after the death of such employee. (b) 1. If an employee is disabled or dies, and his disability or death is caused by an occupational disease arising out of and in the course of his employment in one or more of the occupations referred to in section 2 of this Act, he or his dependents, as the case may be, shall be entitled to compensation, in the same manner and subject to the same terms, conditions and limitations as are now or may hereafter be provided by the Workmen's Compensation Act for accidental injuries sustained by employees arising out of and in the course Repeal Occupational Right of Compensation Act Treated as Accidental Injury Disablement Jurisdiction of Commission Over Notice Proceedings Applies No Common Law Remedy of their employment; and for this purpose the disablement of an employee by reason of an occupational disease, arising out of and in the course of his employment in one or more of the occupations referred to in section 2 of this Act, shall be treated as the happening of an accidental injury. 2. As used in this subdivision (b) of this section, the word "disability" means the state of being disabled from earning full wages at the work at which the employee was last employed by the employer from whom he claims compensation; the word "disablement" means the act of becoming disabled from earning full wages at the work at which the employee was last employed by the employer from whom he claims compensation; the words "occupational disease" mean a disease peculiar to and due to the nature of an employment in one or more of the occupations referred to in section 2 of this Act; and the word "occupations" means and includes each and every process, manufacture, employment, and process of manufacture or labor referred to in section 2 of this Act. 3. The industrial commission shall have jurisdiction over the operation and administration of this subdivision (b) of this section; and it shall have, exercise, perform and discharge the same rights, powers and duties with reference to this subdivision (b) of this section as it shall have, exercise, perform and discharge with reference to the Workmen's Compensation Act, or any amendments thereto or modifications thereof. Notice of the disablement shall be given to the employer, and claim for compensation shall be made, in the same manner and within the same periods of time, respectively, as are now or may hereafter be provided in the Workmen's Compensation Act concerning accidental injuries sustained by employees arising out of and in the course of their employment. Proceedings for compensation hereunder shall be had and maintained in the same manner as is now or may hereafter be provided by the Workmen's Compensation Act with reference to proceedings for compensation for accidental injuries. The procedure and practice provided in the Workmen's Compensation Act, and all amendments thereto and modifications thereof, shall apply to all proceedings hereunder. 4. This subdivision (b) of this section shall apply automatically and without election to all employees and employers engaged in the occupations referred to in section 2 of this Act. No common law or statutory right to recover damages for injury or death sustained by any employee by reason of an occupational disease arising out of and in the course of his employment in |