Jackson Trial Lawyers - Fallbrook Personal Injury Attorney
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The Law Offices of Robert W. Jackson is a Fallbrook personal injury attorney who has what it takes to represent your unique case. Insurance companies think it is acceptable to bully people with lesser knowledge of the legal system, but we are here to help.
Everyone deserves a fair chance in getting the maximum amount of compensation for their personal injuries. Because the insurance companies are out for business, and not looking for your best interests, it is easy for them to offer less compensation. As trial lawyers, we are not afraid to speak our minds and take action on what we believe is right. Therefore, we never give up on a settlement or trial.
Our Fallbrook Personal Injury Attorney is conveniently located in the San Diego county. Our clients are important to us, and by managing the complex and tedious relationships with insurance companies, medical facilities, and government agencies, it is our top priority to keep our clients at the top.
No one should ever have to settle for less than they deserve. If you have been injured in any type of accident, take the right steps immediately and contact one of our highly skilled Fallbrook personal injury attorneys to discuss your case today at 760-723-1295.
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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.