Tuesday, December 18th, 2018 — The Illinois Supreme Court has somewhat clarified an injured employees 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.
Illinois Supreme Court Opens Door To Employee Intervention After Statute Of Limitations Runs
The Illinois Supreme Court has somewhat clarified an injured employees 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.