Can An Insurance Company Recoup Overpaid Texas Workers' Compensation Benefits From An Injured Worker?

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There are times when an insurance company finds that it has paid more benefits to an injured worker than what was owed. In Texas, when workers' compensation benefits have been overpaid, there are statutes and rules that control whether or not an insurance company can get any money back from a claimant to "recoup" the overpayment. In most instances, the injured worker does not have to repay the benefits. Sometimes, the rules do allow the carrier to recoup benefits, but the amount that can be deducted from future benefits is limited. It is not unusual for an insurance company to fail to satisfy all of the requirements of the rules in this regard. When that happens, Texas injured workers are able to collect more benefits than they should be paid without fear of having to pay it back. This article addresses these rules and shows how injured workers can obtain these windfalls and how insurance companies can use the rules to get all or most of its money back. The Texas workers' compensation system is a rules-based system. Whichever party uses these rules to its advantage will come out ahead.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Matthew Lewis, Booker & Lewis, P.C. | Attorney Advertising

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