IFMK advises our clients as to any potential third-party subrogation recovery issues and options and aggressively seeks full recovery of applicable liens. We also represent the interests of our clients as intervenors to ensure protection of our clients’ lien rights in any third-party claim.
We handle the following types of cases, considering the legal framework for subrogation recovery in Illinois as defined by specific statutes that outline the rights of employers and employees in cases of third-party liability:
- 820 ILCS 305 § 5(b) legal proceedings against third parties causing injury or death, despite employer compensation.
- Employers that claim liens on any recovery from third parties if the employee accepts compensation in his/her workers’ compensation claim.
- Recoverable torts such as auto accidents, premises liability, and general negligence, while non-recoverable torts include loss of consortium and legal malpractice.
GUIDANCE WITH CRITICAL SUBROGRATION DECISIONS
Our Subrogation practice helps our clients make the decision to pursue subrogation through a careful cost-benefit and liability analysis to determine the viability of a third-party claim. We work with our clients to ensure that they know the maximum recovery in subrogation, and customize strategies to help them understand how we handle every phase of their case as outlined below:
- Recovery Formula and Payments
- Types of Recoverable and Non-Recoverable Payments
- Procedures for Filing and Recovery
- Strategies for Settlement Negotiation
- Decision-Making in Subrogation Pursuit
