Maritime Transportation - Florida Maritime Lawyer
Notable Attorneys
In today’s global economy, our system of commerce relies on an efficient ocean transportation industry. Whether you are a vessel owner, operator, logistics provider, terminal operator, or user of the ocean transportation system, you need the assistance of legal counsel who is familiar with the business and regulatory challenges faced by maritime participants.
If you are engaged in the maritime transportation business, Florida maritime lawyer Eric Roper has the knowledge and experience to assist you. With his years of experience as a trial attorney in the Bureau of Enforcement at the U.S. Federal Maritime Commission, Mr. Roper represents maritime industry clients in proceedings before regulatory agencies, as well as in federal and state courts. He can help maritime businesses navigate a variety of legal challenges—from complex antitrust and regulatory issues to disputes before courts and administrative agencies.
When your business interacts with the U.S. government, you deserve representation by experienced counsel. Mr. Roper's understanding of the regulatory, legislative, and commercial issues affecting your business allows him to provide solutions to your legal issues with minimal impact on your business operations.
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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.