Employment Law

Work injuries do not occur in a vacuum. Since the injured employee has rights under various State and Federal statutes as well as under common law, our expertise has developed to include the simultaneous evaluation and/or defense of all employment related torts. The representation of the employer would be incomplete without the ability to recognize other potential liabilities and provide a complete analysis of all potential exposures.

The initial focus of our employment practice recognizes the often inevitable consolidation of Workers Compensation claims and civil statutory torts pursuable outside the IC arena. The firm has represented clients before the Illinois Human Rights Commission, Equal Employment Opportunity Commission, Occupational Safety and Health Commission, State and Federal Courts in the following areas:

    • Age Discrimination (ADEA)
    • ADA-Handicap Discrimination
    • Intentional Tort Labor Grievances
    • OSHA
    • Wrongful Termination
    • Retaliatory Discharge
    • Sexual Harassment
    • Racial Discrimination

 

Because of the firm’s involvement in both the Workers’ Compensation and Civil Litigation areas, we have been at the forefront of establishing the employer’s rights in related civil actions, including:

    • Lien and subrogation rights under Section 5 of the WC Act
    • Good faith settlement under the Contribution Act
    • Insurance coverage issues such as contribution to Employers’ Law defense and indemnity from CGL sources
    • Indemnity and contractual issues
    • Targeted tenders to other carriers by employers named as additional insureds
    • Pursuit of dismissal of third party claims employing the doctrines of Briseno, Lannom
    • and contractual subrogation
    • Exclusive Remedy
    • Dual Capacity
    • Intentional Torts