The Salazar Law Firm, PLLC - Houston Car Accident Lawyers
Notable Attorneys
The Salazar Law Firm, PLLC is a Houston - based personal injury law firm offering an array of services to individuals and businesses. We focus on total satisfaction through constant communication and individualized attention to each client's goal.
Our specialy lies in the many areas of personal injury law, including but not limited to car accidents & insurance claims, auto accidents of all types, personal and catastrophic injury, class actions, wrongful death, and product liability.
We adhere to strict guidelines and performance standards. Our goal is to maximize our clients' recovery and delivering results in a reasonable amount of time.*
Building relationships with our clients is what motivates us and drives us to succeed.
Tell us about your situation and we'll give you an unbiased evaluation.
Please contact our Texas personal injury lawyers toll-free at 1.888.655.9576.
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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.