Law Offices of Robert W. Jackson - Cardiff & Fallbrook Personal Injury Lawyers
Notable Attorneys
Located in Cardiff and Fallbrook, California, the Law Offices of Robert W. Jackson, APC, will help you if you or a loved one has been injured due to another's negligence. Personal injury due to negligence should not determine your future. You deserve to have justice served on your behalf and our experienced attorneys can help. We will answer all concerns and questions regarding your specific case to determine whether you are qualified to file for a personal injury lawsuit. We are dedicated to our clients and we welcome any challenges to your case. Our aim is to resolve claims and fight for compensation rights. We handle all types of personal injury cases:
Car Accidents
Motorcycle Accidents
Truck Accidents
Defective Products
Bicycle/Pedestrian Accidents
Wrongful Death
Slip & Fall Injuries
Premises Liability
Traumatic Brain Injury
Dog Bites
Personal Injury
Spinal Cord Injuries / Paralysis
Products Liability
Insurance Bad Faith
Mass Tort / Actos® Litigation
At the Law Offices of Robert W. Jackson, we are advocates of justice and we fill fight for you. If you're in need of a Cardiff Personal Injury Lawyer, contact us 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.