San Diego Personal Injury Attorney - McDonnell Law
Notable Attorneys
When you or a loved one has been injured and need professional help with your personal injury case, McDonnell Law is here for you. Getting injured due to negligence can have serious consequences and should not be determine your future. It is important to hire a skilled attorney on your behalf to fight for every right to get justice served.We will answer all your concerns and questions regarding your specific case in order to determine if you are qualified to file for a personal injury lawsuit.
Located in beautiful San Diego, McDonnell Law practices in all areas of personal injury and is here to fight for your rights and to represent you in your case. No injury is too minor for us. McDonnell Law handles every case and every client with the attention they deserve and will work hard to get the results you want. Contact Attorney Xavier K.
San Diego Personal Injury Attorney
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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.