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Draper Tobias Rodriguez

Draper Rodriguez’s Answers

541 total


  • Do I have a law suit

    I was at work and some pallet 4 high fell down and it me in the back and I went to they dr and they put me on lite Duty but my back is in a lot of pain and can they fire me if I sue them

    Draper’s Answer

    If your employer has workers' compensation then you you will not be able to sue your employer. If they don't have workers' compensation, then you may sue them. The best way to find out is to call your local Division of Workers' Compensation and file a claim. Generally Texas is an at will employment state which means you may be hired and fired at will; however, any employment law questions should be made to the appropriate section of this website if you want to make certain you get a more competent and complete answer.

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  • How do I find a TX workers comp atty to take my case against a major airline? I live in TN.

    I injured my knee while the a/c was parked at gate at DFW on 1/1/16. I returned to work on 5/24/16. Diagnosed w/ a knee sprain/strain. Compensatory damages ceased on 3/5/16 due to "pre existing condition", arthritis. (I had no idea.) My phyical ...

    Draper’s Answer

    Because you live out of state you should be able to find any workers compensation attorney you like. This will be because you will attend your hearing over the phone. I have done this several times for clients out of state in many locations across the nation. I encourage you to seek out an attorney on this website or through a basic Google search.

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  • If you are hit from behind while driving down the hwy can you sue?

    My grandma was driving down the road and was rear ended and her car was totaled and the other driver said he didn't slow down because he thought she was turning.

    Draper’s Answer

    Yes, seek counsel now. Even if the other driver thought she was turning that doesn't give them the ability to drive through another vehicle.

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  • Part 2 of My Brother was hurt.....

    Since my Brother has been off work he has tried to get the company he worked for- to file an incident report with no luck. We contacted the company that - the co. he worked for- was working for. Now in turn...My brothers "supervisor" has contacted...

    Draper’s Answer

    Call the local Division of Workers' Compensation and file a claim. Send a letter to the employer via certified mail that tells them how he was hurt, how it is related to his employment and keep a copy. Call a local workers' compensation attorney now.

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  • How do I go about getting my money back from an attorney that didn't do what i paid him for

    I hired an attorney back in June of 2015 to take care of a child support warrant i paid him $500. He never fixed it cause i called the court and it was never recalled. So in march in February i paid him another $500 to get it recalled and i got a ...

    Draper’s Answer

    First thing I would do is to request in writing (send it someway you can prove he got it; fax or certified mail) an accounting of what you have paid him along with what he has charged you. This will tell you what it is that you have paid for. If you're still not satisfied then set an appointment with him to discuss what the issues are and what it is that he's been doing and your strategy for the case. If this doesn't get you satisfactory answers, then I think you are left with contacting the state bar; however, that would be my course of last resort and I would attempt to make a good faith effort to resolve the matter with him directly first.

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  • What should I do to receive compensation from a car accident I was not at fault?

    I was in a car accident and was not at fault but was not insured. I have a personal injury lawyer but apparently he can't do anything about it but informed me that the party at fault has not filed a claim so I haven't been compensated for it. What...

    Draper’s Answer

    discuss with your attorney your need to get the police report, find out who their insurance company is and make them aware of the accident and that you were injured.

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  • Do I tell Workers Compensation they should be paying me? Should I include my workers comp restrictions while filing for SSD?

    I have avascular necrosis in my right hip, and currently out of work, I had a total hip replacement for avascular of my left hip this left hip was covered under workers comp because I hurt it on the job, this was in 2013, I had my MMI and that was...

    Draper’s Answer

    Your question, with regards to workers' compensation, is difficult to answer. You say you got a settlement. Those don't exist in workers' comp in Texas. What may have happened is that you commuted your Impairment a income Benefits. This means you took a lump sum payment. If you did that then you can never be paid workers' compensation monetary benefits ever again. If you settled you Supplemental Income benefits then you have agreed you're not owed anything further so you're not able to be paid in the future. If you mean you got paid back due disability or Temporary Income Benefits, then you may be able to be paid more monetary benefits. The answer to this question would depend on those answers. You need to talk to a workers compensation attorney and give them everything you have for them to be able to make that determination.

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  • I went to doctors for workers compensation they did a drug test.iam dirty for cocaine do i still have a case to get a settlement

    Injuryed knee about a year ago now in the process of a settlement..

    Draper’s Answer

    You indicate you are in the settlement process of your claim. There are no "settlements" in Texas Workers' Compensation. Therefore, this may not be the proper place to pose this question. Your employer may have had a policy of insurance that looks like and pays like workers' compensation but isn't true Texas Workers' Compensation. If this is the fact, then it would depend on the policy and the adjuster and facts surrounding the injury and when the drug test was taken. If the injury was a year ago, and the drug test is recent, what relevance does that have to the actual injury date?

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  • What legal alleys can I take against a third party contractor injuring me?

    Last year on august 27th I was knocked off a 14 foot storage tank by a crane operator not paying attention. I shattered both heels and broke my right ankle. I recently went into my Doc for what was supposed to be my last visit and I could return t...

    Draper’s Answer

    High an attorney who does both workers compensation and personal injury. He or she will understand how these two claims will affect each other. Do so now as you will need to file s lawsuit within two years of the date of the accident

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  • Can I sue Starbucks for getting injured at work?

    I slipped on water in the back that wasn't mopped up. Fractured my left foot in 3 parts required surgery. It was workers comp. I went to physical therapist to receive my boot and physical therapy to start. He notified me the other side of my ankle...

    Draper’s Answer

    Nope if hey have true Texas workers compensation then no. But if it's not a Texas workers compensation policy then yes you may. Additionally if they have a third party company that cleaned the area and failed to provide notice, thusly causing your accident, you could sur that company.

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