McDonnell Law Office - San Diego Personal Injury
Notable Attorneys
McDonnell Law is a San Diego Personal Injury Attorney who focuses on helping people who are injured, disabled and unable to work, and those with employment issues. We have over 20 years experience in the legal profession also as a social security and employment law attorney in the San Diego region. We advocate tirelessly to help you obtain a favorable result. You pay no legal fees unless you win! Because we are a small firm, we are able to spend more time and energy on your case and give you more personalized attention.
We offer a free consultation. If you meet with us, we can tell you whether or not you have a claim. You may also email us and give us information about your case for a free email consult. It usually takes a small amount of investigation to determine if you have a case or whether you need an attorney in Downtown San Diego.
Personal injury can affect your life drastically. If you are injured, disabled, or suffered damages you need a San Diego Personal injury lawyer who will take control of your case and advocate strongly on your behalf. McDonnell Law will advocate for you and will fight for a winning result! Call or email today for a free consultation.
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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.