When attorneys for a worker covered by Workers' Compensation Act bring a successful action against a 3rd-party to recover damages for personal injuries sustained by the worker in the course of his employment, thus enabling the worker's employer to obtain reimbursement of compensation benefits it is obligated to pay under the Act, the Act requires the employer to pay 25% of the gross amount it obtains in reimbursement as attorney fees, absent other agreement. The gross amount of reimbursement subject to attorney fees under the Act includes the amount of benefits the employer will be relieved from paying in the future because of this recovery in the 3rd-party action, which calculation should include the value of future medical care.(GARMAN, FREEMAN, THOMAS, KILBRIDE, BURKE, and THEIS, concurring.)
Illinois Appellate Court
Civil Court
Workers' Compensation