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20 S. Clark Street |
THIRD-PARTY PRACTICE:
Our strength in workers' compensation and tort defense
matters lend themselves to a natural proficiency in third-party
defense matters and workers' compensation liens. In Illinois,
employers are only liable to their injured workers through
workers' compensation. If an employee can identify another entity
who is responsible for his/her injuries, than that employee may
initiate a civil lawsuit against that entity. The employer may
than be sued as a third-party defendant by the defendant named in
the civil suit initially identified by the injured worker. (i.e.
punch press manufacture can sue employer in contribution but the
injured worker cannot directly sue employer) Although right now
in Illinois an employer is only liable for the full extent of its
workers' compensation liability to the defendant joining in the
employer into the civil case, there are many intricacies in play
concerning ongoing workers' compensation files and pending
third-party actions. Bringing in an experienced and knowledgeable
attorney not only may save you hundreds of thousands of dollars
in catastrophic loss files but may be able to recoup all the
money you paid including attorneys' fees depending upon the facts
of your case.
There are alternatives to consider in catastrophic workers'
compensation loss cases other than to pay ad finem, particularly
when a civil suit has been filed by an injured employee. An
experienced and knowledgeable attorney in joint and several
liability, comparative negligence and workers' compensation
should be able to explain these concepts with you and your
colleagues to work out the best possible solution for your
high-end exposure cases. Merely sitting back and waiting for your
workers' compensation lien to be collected can be a costly and
embarrassing lesson of what not to do. Our firm would be most
willing to meet with you and your support team to come up with
action plans designed, where possible, to mitigate your
expenditures.
Incidentally, if you do not have a team approach to litigation,
retaining us puts you on the team.