The Salazar Law Firm - Houston Car Accident Lawyers Services
Notable Attorneys
The Salazar Law Firm, PLLC understands the burdens auto accidents and injuries place on an individual. Our goal is to lessen our client's stress and burden by managing the complex relationships with insurance companies, medical facilities, government agencies, and other insurance defense lawyers.
If you've been injured in an accident, don't let your claim get weakened by not taking the right steps. Get medical treatment for your injuries as soon as possible. Insurance companies pay close attention to "laspes in treatment" and whether or not treatment was sought immediately after the accident.
Insurance companies are in the business of making money. If the insurance company is giving you the run-around, contact our houston car accident lawyers at the Salazar Law Firm today.
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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.