Illinois General Assembly - Illinois Compiled Statutes

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740 ILCS 100/3.5

(740 ILCS 100/3.5)

(This Section was added by P.A. 89-7, which has been held unconstitutional)

Sec. 3.5.

Contribution against the plaintiff's employer.

(a) If a tortfeasor brings an action for contribution against
the plaintiff's employer, the employer's liability for contribution shall not
exceed the amount of the employer's liability to the
plaintiff under the Workers' Compensation Act or the Workers' Occupational
Diseases Act.  The tortfeasor seeking contribution from the plaintiff's
employer is not entitled to recover money from the employer.
The tortfeasor shall receive
a credit against his or her liability to the plaintiff in an amount equal to
the amount of contribution, if any, for which the employer is found to be
liable to that tortfeasor, even if the amount exceeds the employer's
liability under the Workers' Compensation Act or the Workers' Occupational
Diseases Act.

(b) This Section does not apply in any action in which the plaintiff's
employer has no right
of reimbursement from the plaintiff under subsection (b) of Section 5 of the
Workers' Compensation Act or subsection (b) of Section 5 of the Workers'
Occupational Diseases Act.

(c) This amendatory Act of 1995 applies only to causes of action accruing
on or
after its effective date.

(Source: P.A. 89-7, eff. 3-9-95.)