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Draper Tobias Rodriguez

Draper Rodriguez’s Answers

458 total


  • Can I sue the insurance company?

    The company I work for has worers comp. I got hurt at work, braking my foot. I did sign a bonnified job offer. And returned back to work with many restrictions. My supervisor was aware of the restrictions. I ended up getting told to do to jobs tha...

    Draper’s Answer

    Until the last few years there was something called a bad faith lawsuit. In that case you could have sued the insurance company. Those causes of action no longer exist in Texas so you may not sue the insurance company. Also the facts in your case do not demonstrate the insurance carrier acted in bad faith. Do the short answer is no you cannot sue the insurance carrier. I would document the days you told your boss or bosses you couldn't do the work, who you talked to and the outcome of the conversation. I would discuss with your doctor the need to be taken off of work due to your employers having failed to comply with your restrictions and I would demand to be paid my temporary income benefits once again. If you would like to speak to an attorney I would suggest you speak with Daniel Morris in your area. You can find his information by using the find lawyer tool on this website.

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  • My son wrecked his friends car is he responsible?

    My son is 17 and was asked by his friend to take her to the store to get something to eat. She was drunk and my son did not want her driving so he agreed since he was not drinking. On the way back he hit a guard rail and damaged the front end of t...

    Draper’s Answer

    The fact he was asked to drive doesn't mean he's not the person who was responsible for the accident.

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  • WHAT HAPPENS NOW WHEN THEY DONT HAVE WORKERS COMP

    i work at grocery store for 2 1/2 yrs and now i have carpal tunnel syndrome and have to have surgery sept.4th

    Draper’s Answer

    You still have you right to sue them for any negligence they may have in causing your injury. You may want to speak with an personal injury attorney immediately to see if they can help you with that. Additionally, I would call the Texas Department of Assistive and Rehabilitative Services. They have a branch that assists injured workers in getting back to work. In the past I have had clients that even obtained medical treatment through this particular organization.

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  • Is there anything I can do about being denied 3 times for knee surgery by workers comp?

    MRI shows torn meniscus, my Dr and orthopedic both are on my side 100%, my physical therapist will not touch it....its too swollen

    Draper’s Answer

    Yes, it's really difficult to answer this question without knowing what level of denial you're in. You need to find an attorney who specializes in workers compensation so they may look at your denials and determine which course of action you need to take

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  • What is the norm with re. to costs/fees in a contingency case?

    That is, are these costs/fees normally on a contingent basis, or is the client normally liable for them regardless of whether there is recovery? Or does it simply vary by lawyer? Can this be negotiated?

    Draper’s Answer

    This would be impossible to determine as it would be based on the amounts paid to resolve the matter effectively. One may have costs for obtaining medical bills and records, and if the case is litigated the costs would increase for filing fees, depositions, affidavits, possible expert witnesses and the like. If the case settles the client pays the costs from the settlement amount.

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  • Is it reasonable to expect to negotiate that the contingent fee exclude the amount of subrogation?

    I have a work-related injury for which I wish to pursue a third-party personal injury claim. The workers comp carrier has subrogation rights. I know the carrier must pay a legal fee to my lawyer (up to a third of their recovery). If I agree simply...

    Draper’s Answer

    It would be possible but would not likely occur. The third you are talking about is not a payment to the attorney. There is a statutory reduction of the subrogation lien if an injure worker is represented by an attorney in the pursuit of the third party negligent party. Basically the injured worker benefits by having their subrogation lien reduced and that reduction is based on the idea that amount is because the injured worker would have to pay an attorney. The attorney and injured worker could enter into any fee arrangement they wanted; flat fee, hourly (both of which are not likely), lower percentage or higher percentage. Generally you have signed a contingency fee for this work and would not pay your attorney by the hour or a fee, although i could see where you would be paying him to represent you for your workers compensation claim at the division level but that is a separate matter. So the attorney is entitled to be paid his contingent fee amount for the work. This inures a benefit to the injured worker, the reduction if the lien, and allows for the attorney to be paid as a result.

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  • Isn't it common practice for lawyers to speak on the phone prior to going to a pretrial or tomorrow meeting

    My husband filed for a contested divorce along with a bogus TRO against me. My lawyer filed an answer before I was even served the citations. (I obtained a copy before hand from public records). My counterclaim for divorce is vastly differen...

    Draper’s Answer

    • Selected as best answer

    Each attorney is different. Every case is different. Sometimes attorneys may discuss the case or their prospective sides before a hearing. Some attorneys don't wish to tip their hand so to speak, and give away too much information. Some attorneys are more willing to compromise issues than others. In the end it comes down to what you hope to gain and how well that has been communicated to your attorney.

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  • I was injured at work and I want the proper restitution.

    I wrote previously that I had an accident at my work, which I'm a Correction Officer at TDCJ, I have worked there since May of 2014 and as of March 2015. I feel off some stairs while working in a place called the "Picket". I fell down the stairs w...

    Draper’s Answer

    I would agree with you that your employer should be held liable for your injuries if they possessed knowledge regarding the hazardous condition; however, with your employer that is not going to happen. Your empoyer has Workers' Compensation, the State of Texas (your employer) has workers' compensation insurance through the State Office of Risk Management. Since they have insurance they are immune from liability for their negligence. Further complicating your problem is your employer is the State of Texas. Governmental Entities cannot be sued unless a status allows them to be sued. As there is no statute to allow you to sue your employer, you do not have a cause of action. As terrible and unfair as it is. I do not think you may sue your employer for their negligence in the face of a hazardous condition of which they had knowledge according to your assertion yourself and other employees had noted the same.

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  • Concerned for my Mother.

    My Mother, has an on the job injury from Winco foods in Lewisville,Texas. She was. Rushed to ER. For medical treatment.The Ambulance administered to her morphine and norcote,on the 6th of Aug. ER gave her additional pain meds.Realeased with restri...

    Draper’s Answer

    Make certain you find your own treating physician. Follow the restrictions he has given your mother. If this is a workers compensation case in Texas, the emoter referral doctor doesn't officially become your mothers treating doctor unless she sees him for sixty days. Therefore his restrictions will not control and your mother won't have to file any paperwork to change treating doctors.

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  • Will I get a for sure settlement if I have surgery?

    I slipped of a latter at work, braking a bone in my right foot. Doctor informed me that I will need surgery (pins/bolts).

    Draper’s Answer

    There are no settlements in Texas workers compensation. You will be compensated for your time off and the surgery perhaps if it qualifies for an automatic rating. If not then you will be assessed an impairment rating based upon the loss of range of motion, loss of muscle tone, and/or nerve damage you sustain as a result of your injury. Texas workers compensation gets more and more complicated every day. I would suggest you use the find lawyer tool on this website and search for workers compensation and Abilene and call one of the attorneys who come up in your search. I would do this as soon as possible because often times an attorney will not take your case when too much time has passed as it is easier to prevent issues than to solve problems.

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