Attorney Casey Woodruff Discusses Subrogation in Workers Comp Magazine

Vickie Douglas

Round table discussion about subrogation and workers’ compensation claims

Woodruff Johnson & Evans founder Casey Woodruff was honored to participate in a round table discussion about subrogation and third-party liability for “The Forum” column in the Spring 2019 edition of Workers Comp Magazine.

The exclusivity provision of the Illinois Workers’ Compensation Act prevents an injured employee from pursuing a personal injury claim against their employer for an injury sustained at work. However, in certain circumstances, there may exist a third party separate and apart from the employer who is also liable for the employee’s injuries. In order to maximize recovery, it is important for the injured employee’s workers’ compensation attorney to explore all avenues to determine whether a potential third-party defendant exists.

In “The Forum,” Casey discusses common situations in which third-party liability may arise. For example, Casey notes the attorneys at Woodruff Johnson & Evans frequently investigate whether an outside party may also be liable for the employee’s injury when the accident occurs at a construction site, where injuries commonly result from defective or malfunctioning equipment. If there exists a viable personal injury claim against a third party, this often results in increased recovery for the injured employee.

However, when both the employer and a third party are liable, this can give rise to subrogation issues. Subrogation occurs when one party, frequently the workers’ compensation insurance carrier, pays benefits that another party may ultimately be liable for, such as a construction company distinct from the employer. If an injured employee recovers compensation from the work comp carrier and then seeks additional recovery from a third party, the work comp carrier may attempt to recoup payments it made from the third party. By law, the work comp carrier is entitled to reimbursement for 75% of any benefits it paid to the injured employee out of any recovery that employee received from a third-party. It is important to assess each individual case and determine whether pursing a third-party claim is the best course of action to maximize the injured employee’s recovery.

If you suffered an injury at work, you need the skilled workers’ compensation attorneys at Woodruff Johnson & Evans to determine whether you may have a third party personal injury claim, and if so, to help you navigate through any issues that may arise regarding subrogation. As your legal advocates from start to finish, we will fight for what you need and deserve in the wake of an unexpected injury sustained on the job.

Interested in learning more about third party claims or subrogation issues? Please contact Woodruff Johnson & Evans today at (866) 891-9211 to discuss your workers’ compensation case. Consultations and initial evaluations are always free!


Very glad I chose them for my lawsuit.

They were very professional with my case. They were patient and always kept me informed. Very comfortable environment. I was very glad to choose them for my lawsuit.

Matthew D.

Russell Haugen represented me, and he was absolutely amazing!

Excellent Law firm! Russell Haugen represented me, and he was absolutely amazing! He always checked on me and answered every phone call regarding my concern we settled for way more than I expected! He’s kind and considerate! I highly recommend Russell! He won’t let you down and God forbid but if I were to get […]

Samia L.

I was very pleased with this firm! Highly recommended!!

Not a fan of lawyers (previous encounters with different firm); but, I was very pleased with this firm and with Casey Woodruff. Answered my questions and addressed my concerns in a timely manner. Highly recommended!!

Dane S.

Honest conversation, personable team and timely responses.

Honest conversation, personable team and timely responses. Working with Mr. Evans and Cynthia has been a wonderful experience at a difficult time. Phone calls and emails are answered within a very reasonable time frame, each conversation is handled in a compassionate manner.

Deidre S.

DJ did a fantastic job on my auto-accident claim!

I highly recommend Mr. Dexter Evans, and the Woodruff law firm. DJ did a fantastic job on my auto-accident claim. I really appreciated all the detailed information provided, and finding medical assistance for me. It was awesome. All my questions were addressed properly and asap. I made my final decision with confidence. Over all the […]

Lilia G.

I’ve had to know a few attorneys in my life and Jon was the best.

Unfortunately, I got badly injured at an athletic job. Run by a company that didn’t care about me. I needed an attorney and Woodruff, Johnson and Evans was recommended to me by a family member. That small gesture ended up being the best legal advice I ever received. Jon Walker defended me and made sure […]

Marko P.

I wouldn’t have gotten the relief from my injury if Jay had not gotten involved.

I was referred to Woodruff, Johnson & Evans by a friend after a work related car accident. The workmen comp adjuster was giving me the run around. I was having terrible back pain but because it was work related my doctors could not provide me the treatment I need. Jay Johnson began investigating my case […]

Randel M

Outstanding job for my mother and me.

Very professional. Was referred to me by my mother. Did an outstanding job for my mother and me. Great service!

Valente G

Russ was the best!

Russ was the best! I got his number from my cousin. Best phone call I ever made! Always there for anything I needed and got all my bills paid and some compensation for me! Highly recommend.

Timothy F

Thank you for a good service!!

Steve Sandler presented himself professionally with good rapport and showed concern for my well being. I will definitely recommend him to others!! Thank you!!

Sherifat O
View All Testimonials

Get Your Free Consultation