Subrogation claims aid insurance companies in recovering expenses they pay out when they're not liable for damages. Subrogation is when a third party demands to be paid back out of your injury settlement for payments that they made up front.Illinois has finally joined the majority of jurisdictions1 adopting an equitably modified version of the "make whole" doctrine for subrogation claims. Subrogation occurs when your insurance company pays for an accident, then works to recoup expenses from the at-fault driver's insurer. A subrogation claim is the process in which a party that was not involved in an accident seeks financial compensation for a party that was involved. The Illinois workers' compensation law is 820 ILCS 305. If an insurance company filed a subrogation claim for property damage against you, a skilled property damage attorney could can help you. A subrogation claim or other right of reimbursement claim may be adjudicated even when a lien has not been filed regarding such claim. Most subrogation recoveries constitute a taxable settlement. An employee is injured on the job.