Legal Services Are Available To Disaster Applicants

Recent Cases

Through an agreement with the U.S. Department of Homeland Security's Federal Emergency Management Agency ( FEMA ), the American Bar Association's Young Lawyer Division and the State Bar of Kentucky, free legal services are available to low-income disaster victims who have insufficient resources to secure adequate legal services.

Persons who were affected by the February 5-6 storm and tornadoes in Allen, Christian, Fayette, Hardin, Hart, Meade, Mercer, Monroe and Muhlenberg counties can call 877-245-7200 for legal services. All callers are asked to leave a voicemail message with their contact information, county of residence, and the nature of their legal problem. Messages will be checked Monday through Friday between 9 a.m. and 5 p.m. Upon receipt, the caller's information will go to a volunteering attorney or one of the following legal organizations in Kentucky:

Kentucky Bar Association
American Bar Association's Young Lawyer Division
The Legal Aid Organization ( Kentucky's Volunteer Lawyer Program )
"Sometimes after a disaster, residents face complex issues and need legal advice," said Federal Coordinating Officer Michael Bolch. "FEMA is committed to helping persons in the commonwealth of Kentucky get the help they need to fully recover."

Available services include:

Help with insurance claims
Counseling on landlord-tenant and other housing issues
Assistance with home repair contracts
Assistance in consumer protection matters, remedies and procedures
Counseling on mortgage foreclosure problems
Replacement of wills and other important documents
Drafting of powers of attorney and other estate administration issues
Referring individuals to state or local agencies that may be of further assistance
Legal services are available to disaster victims in a fair, nondiscriminatory and equitable way.

Those who suffered damage from the storm and tornadoes are encouraged to register with FEMA by calling 800-621-FEMA ( 3362 ) or 800-462-7585 ( TTY ) for those with speech or hearing impairment. Individuals may also register online at www.fema.gov.

FEMA coordinates the federal government's role in preparing for, preventing, mitigating the effects of, responding to, and recovering from all domestic disasters, whether natural or man-made, including acts of terror.

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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.

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