New York Securities Litigation Law Firm - Herskovits PLLC
Legal Marketing
New York Securities Litigation Law Firm
We are trusted advisors for litigation and regulatory enforcement matters. When disputes arise – in the enforcement, customer and employment context – we are skilled negotiators, using every available resource to protect our clients and minimize disruption to their business. When litigation is unavoidable, however, we are tenacious advocates with time-tested experience before state and federal courts and regulatory bodies, and in a broad range of arbitration and mediation settings.
Leveraging decades of collective experience in the financial services sector, our firm was established to help clients respond to this rapidly changing environment and highly complex marketplace.
Please click the links below to learn more about our law firm's practice areas:
Securities Litigation and Arbitration
Securities Industry Regulatory Defense
Broker-Dealer Advisory Services
Securities Industry Employment Litigation
Commercial Litigation
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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.