DiRusso & DiRusso, Attorneys At Law.

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At DiRusso and DiRusso, we are familiar with the local economy, the local employers, and the local court officials. Another advantage to hiring local counsel is availability. In larger cities, and in larger firms, the attorneys may not always be available and much of the interaction a client has may be with support staff, such as paralegals and legal assistants. At DiRusso and DiRusso, the attorneys are in regular contact with the clients, available by telephone, and regularly available for appointments.

At DiRusso & DiRusso, we have the legal knowledge and experience to protect you, no matter who or what is on the other side. We also have the compassion to know that you may be experiencing something very unpleasant and we are available to listen to you and seek solutions along the way. We are dedicated to our clients and show no allegiance to any other entity.   We not only counsel our clients on the current law, we provide statutes, rules, cases, and codes so that one may read the current law and have a deeper understanding of the relative law.

If you want to speak with a lawyer about your case, please call us today. There is never a fee for your initial consultation at DiRusso & DiRusso for Workers’ Compensation, Personal Injury or Social Security Disability cases.

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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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