Law Office of Rita O. White - Canton Criminal & DUI Lawyers

Notable Attorneys

If you're facing a legal issue and seek guidance, the Law Office of Rita O. White is here to help. Tackling any legal matter without a trained professional can negatively impact the outcome of your legal situation. Our Plymouth Canton Criminal lawyers understand the stress that comes with looming legal issues which is why we work tirelessly to support our clients no matter the situation.

We believe in giving clients our full attention and treating them with care and respect. When you work with us, you'll get the benefit of:

Caring and knowledeable lawyers
Convenient office hours
Reasonable attorney fees

Don't risk anything! Our dedicated team of lawyers are always available to offer guidance and support. To set up an appointment today or learn more about our Plymouth Canton Criminal law practice contact us at the Law Office of Rita O. White 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.

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