ILCS » Chapter 740 · Act 100
Illinois Compiled Statutes

740 ILCS 100/3.5 (2026)

Contribution against the plaintiff's employer

✓ current as of May 2026
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(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.)

    
Notes of Decisions
Cited in 2 cases, 1997–2004 · leading case: Best v. Taylor Mach. Works, 689 N.E.2d 1057 (Ill. 1997).
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Best v. Taylor Mach. Works, 689 N.E.2d 1057 (Ill. 1997). · cites it 8× “1 (West 1996)), (2) the allocation of fault and several liability provisions (735 ILCS 5/2-1116, 2-1117 (West 1996)), (3) the amendments to the Joint Tortfeasor Contribution Act (740 ILCS 100/3.5, 5 (West 1996)), (4) certain jury instructions (735 ILCS 5/2-1107.”
Equistar Chemicals, L.P. v. BMW Constructors, Inc. Modified on Denial of Rehearing - replaces opinion filed 3/26/04 (Ill. App. Ct. 2004). “" 740 ILCS 100/3.5(a) (West 2002). Although the employer’s liability is capped, it does exist--and that is what matters here, for purposes of determining BMW’s right to summary judgment.”
740 ILCS 100/3.5(a): 2 cases
Best v. Taylor Mach. Works, 689 N.E.2d 1057 (Ill. 1997). “1 (West 1996)), (2) the allocation of fault and several liability provisions (735 ILCS 5/2-1116, 2-1117 (West 1996)), (3) the amendments to the Joint Tortfeasor Contribution Act (740 ILCS 100/3.5, 5 (West 1996)), (4) certain jury instructions (735 ILCS 5/2-1107.”
Equistar Chemicals, L.P. v. BMW Constructors, Inc. Modified on Denial of Rehearing - replaces opinion filed 3/26/04 (Ill. App. Ct. 2004). “" 740 ILCS 100/3.5(a) (West 2002). Although the employer’s liability is capped, it does exist--and that is what matters here, for purposes of determining BMW’s right to summary judgment.”
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