Former Assistant Wayne County Prosecutor
Notable Attorneys
No matter the situation, an attorney from the Plymouth Canton Law Office of Rita O. White is available to assist. For everything from questions only a lawyer could answer, to a specific legal issue you may have, we are here to lend a helping hand.
You can expect convenient office hours, along with knowledgeable lawyers and reasonable attorney fees from us. Legal problems can loom large and become stressful, so our Plymouth Canton lawyers give all our clients the personal attention and caring respect they deserve.
Your legal situation may be negatively impacted if you try to deal with it on your own. Instead of risking the outcome, why not call our committed attorneys for guidance? When you need it most, contact us at the Law Office of Rita O. White today to learn more and set up an appointment.
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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.