Southern California Personal Injury Lawyers
Notable Attorneys
Here at the Law Offices of Robert W. Jackson, APC, we are expert trial Lawyers with the ability to present and prepare your case professionally. This professionalism with prevent you and your attorney from being bullied by insurance companies.
Our objective is to secure fair compensation for your injuries, no
matter where that takes place. As trial lawyers, we are not scared to
go to court, and we will not convince you to take a small settlement
out of fear of a trial. We are unafraid of the insurance companies,
and we will fight till the end to get you what you deserve. Other
lawyers aim to get a settlement, and if that doesn't work they are
scared to go to trial. Often times, such attorneys will refer you to
experienced trial lawyers like us.
We at the Law Offices of Robert W. Jackson, APC understand that you
are going through a difficult time with your injury or auto accident.
The physical, financial, and emotional toll it takes on you can be
overwhelming. It is our goal to ease your burdens and help facilitate
resolution with insurance companies, opposing lawyers, medical
facilities, and government agencies. Conveniently located in Fallbrook
and Cardiff, California, we are poised to represent those throughout
San Diego County.
If you do not take the proper steps immediately, your claim for an
injury may be seriously degraded. Seek medical treatment for your
injuries and pain immediately, and then call us for a 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.