Palm Beach Construction Law

Law Firm Marketing

Our Principal, Mr. Heitman, has extensive experience with both the law and construction. He is both a Florida Licensed Professional Engineer, as well as a Certified Construction Attorney. This puts him in the unique position to lead on both the jobsite, courtroom, and boardroom.

Much like you on your jobsite, we do everything to legal code and correct the first time. We will be straightforward with you about your case and inform you on all your options. We will not cut corners, paying careful attention to every aspect of your case, from the contracts to the construction disputes. Also like you, we think that no project is too big or too small to be given our utmost attention. We want to make you, your project, and your company is given thorough legal representation.

Heitman Law Firm serves it's clients by first comprehending the specific issues our clients face and then tailoring our representation to those specific needs. Construction law cases often involve legal,technical, engineering, design, constructability and scheduling issues. We speak the language of construction. We understand your business. We know how to read a set of plans. Our client service is based on the idea that the client should not be required to pay to bring us up to speed on the construction issues. Instead, we make it our business to be ahead of the learning curve.

Heitman Law Firm has the technical knowledge to understand the issues you face and the legal acumen to address these issues. With construction law, the cases are often multi-faceted and multidisciplinary. We are well versed in construction, business, and law, resulting in attorneys that are up to speed. You need to spend your time teaching us about construction, because we are already familiar. Instead of getting caught up in jargon, we are able to keep up to speed with both your construction issues and the current laws. This keeps us ahead of the curve and far ahead other attorneys in Palm Beach.

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Workers’ Compensation Subrogation of Administrative Fees and Costs

When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.

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