Illinois Supreme Court Opens Door To Employee Intervention After Statute Of Limitations Runs

 Tuesday, December 18, 2018

 Matthiesen, Wickert & Lehrer, S.C.

The Illinois Supreme Court has somewhat clarified an injured employee’s rights to pursue a third-party case by intervening into a third-party subrogation suit filed by the workers’ compensation carrier, even after the personal injury Statute of Limitations (“SOL”) runs. In A & R Janitorial v. Pepper Construction Company, 2018 WL 123220 (Ill. 2018), an employee filed a third-party action after the Illinois personal injury SOL had run, and when that suit was dismissed, he tried to intervene into a third-party subrogation suit filed by his employer before the SOL had run.
LitigationWorkers' CompensationSubrogation