Eastman v. Messner

Pursuant to the Workers’ Compensation Act (Act) (820 ILCS 305/5 (West 1996)), an employer who has paid workers’ compensation benefits to an injured employee is entitled to reimbursement where the employee recovers damages from a third party who caused the injuries. In addition, the employer may directly file suit against the third party if the employee fails to do so. In this case, plaintiff sustained injuries at work and was paid workers’ compensation benefits. Plaintiffs counsel failed to file suit against the third-party tortfeasor within the statute of limitations. Further, neither the…