Houston Personal Injury Lawyers
Notable Attorneys
An Employer in Texas is obligated to make sure your workplace is safe, that you have competent co-workers, and that you receive proper training and supervision, in addition to following other policies for your safety. Negligence on their watch may result in injuries, ranging from fall, burn, and crush injuries, to broken bones, amputation, and
death. Without proper protection from pinch points, machines, and the assistance of coworkers, you may be in danger. Other hazards include improper fall protection, ladders without safety cages, and poor housekeeping with tripping hazards.
Even if you are receiving workers’ compensation payments for your injuries, and you have been told you are barred by the workers’comp bar, you may still have a claim against a third party for creating or failing to remedy the hazard, such as a general contractor or
contractor, product manufacturer or safety consultant.
You may have a claim against a third party for making a hazard in your workplace, even if you are already receiving workers' compensation payments. Even if you have been told you are barred by the "workers' comp bar," a safety consultant or general contractor may be to blame.
You may have signed a pre-injury waiter, but there is change it is not enforceable. Call one of our personal injury lawyers in Houston, Texas to have questions answered or a case reviewed.
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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.