Jackson Trial Lawyers - Cardiff Personal Injury Lawyer
Notable Attorneys
The attorneys at the Law Offices of Robert W. Jackson, APC are trial lawyers. We know how to prepare and present your case. We will not be bullied around by any insurance company. We will fight for you.
If you've been injured in an accident, your claim may be significantly weakened if you don't take the right steps. Get medical treatment for your pain and injuries as soon as possible, and then consult with a personal injury lawyer.
We understand the physical, emotional, and financial burdens an auto accident or injury can place on an individual. We aim to relieve the stress on our clients by managing the complex and tedious relationships with insurance companies, medical facilities, government agencies, and opposing insurance defense lawyers.
With offices located in Cardiff and Fallbrook, California, the Law Offices of Robert W. Jackson, APC are conveniently located for people located throughout San Diego county.
If you're ever in need of a Cardiff Personal Injury Lawyer, contact the Jackson Trial Lawyers today.
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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.