Personal Injury Lawyers Practicing Throughout Texas
Notable Attorneys
Our team of attorneys has extensive experience representing clients from every part of Texas. The Salazar Law Firm not only gives personal attention to each client, but we also have the resources and technology to handle all types of cases. Many individuals do not know about their rights when it comes to the law, but we are here to help. For anything from a simple injury case to a highly complex legal issue, we will give you results. Call us today to be informed of your rights and to have your case reviewed.
You can be assured that your case will be seen and handled by each member of our staff, which allows your case to be known by the whole firm. This lets us be thorough and enables you to reach out to anyone on our staff. We make ourselves available at all times, even if that means answering your call after hours. Ultimately, the Salazar Law
Firm seeks to responsibly deliver quality service to Texans all over. This means we have staff who can communicate in Spanish, Vietnamese,and English.
Our office works best in casual attire, saving our suits for court and client meetings. Working hard need not be dull. United by the desire to produce the best outcome for our clients, our staff members are a team of friends in addition to being co-workers. Our employees not only get the job done, but also pursue hobbies and accomplishments outside the office. Each person brings something unique to the table. This kind of environment allows us to strive for business excellence in all the work that we do.
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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.