Attorney Laura Rodriguez
Get the compensation you deserve
With the experience of
Laura Y. Rodriguez, P.C.!
Laura Y. Rodriguez, P.C. was founded on the principle that every injured worker or individual deserves excellence in the legal representation of their claim. Attorney Laura Y. Rodriguez and her staff take pride in providing the highest quality service to their clients! Rodriguez and her staff take pride in providing the highest quality service to their clients! We are ready to serve the great people of Texas and Louisiana!
The Jones Act and maritime laws are complex. Leave your case to our expert legal counsel. Get everything you deserve for your family.
Frequently Asked Questions
HOW MUCH SHOULD I RECEIVE IN WORKERS' COMPENSATION BENEFITS?
The amount of your workers’ weekly Temporary Income Benefit (TIB) check is calculated by taking the average of your earnings during the 13 weeks prior to the accident and multiplying by 70%. For injuries after October 1, 2016, the new maximum weekly temporary benefit maximum compensation rate is $913. If you believe you may be receiving underpayment, please contact us.
WHY DO I FEEL LIKE I AM BEING RUSHED THROUGH THE COMPENSATION SYSTEM; THE ADJUSTER SEEMS TO WANT TO CLOSE MY CLAIM?
You feel that way because you are certainly being pushed out of the compensation system too quickly, hurting yourself from the benefits you are entitled to. Keep in mind that the less medical treatment an injured worker receives, the more money in the pockets of insurance companies. A company doctor will diagnose you with a minor injury (usually a pulled muscle) and then give you an exam that appears to be a follow-up consultation where the doctor produces a report saying you are as good as you will get. An impairment rating will also be given without your knowledge and if not discussed in time, this basically means the end of your claim.
DO I HAVE THE RIGHT TO CHOOSE MY OWN TREATING PHYSICIAN FOR MY WORKERS' INJURY?
Yes. Although there are certain insurance companies that require the injured worker to be treated within their network, you still have the option to choose who your treating physician will be within the particular network. If the insurance company that is responsible for your claim does not have an established network, you have many more options than your treating physician may be. However, you will want to have a physician who will be interested in your well-being rather than looking out for the employer’s interests. We can help you obtain a physician who will not only have your best interest in mind, but who is also knowledgeable in the procedures for medical treatment requests under the guidelines of the comp workers.
ARE THERE OTHER POSSIBLE CLAIMS RELATED TO MY WORKERS' COMPENSATION CLAIM?
Yes. If someone else was responsible for your injury, besides your employer or a co-worker, you may have a third-party claim. If a defective machine or product caused the injury to your comp les of workers, you may have a product liability claim. If your employer did not pay you overtime, you may have an overtime claim. If you have been employed with your employer for several years and suddenly your employer terminates you after you are injured, you may have a wrongful termination claim. Contact Laura Y. Rodriguez and Associates, P.C. to discuss these and other potential claims that may arise from your workers’ compensation claim.
WHY IS MY MEDICAL TREATMENT NOT APPROVED?
There may be several reasons why the insurance company does not approve your medical treatment. The Division of Workers’ Compensation recently adopted certain guidelines for medical treatment to be provided to the injured worker. If the treatment your physician requests falls beyond the guidelines, this may justify the reason for the denial. In other cases, the insurance company may only accept a minor injury and the treatment your doctor requested is to remedy a much more serious injury. In this case, there may be a degree of injury issue and you will need a knowledgeable workers’ compensation attorney to resolve this issue for you.
IS THERE A SETTLEMENT UNDER WORKERS' COMPENSATION?
A workers’ compensation claim is different from a personal injury claim. Under a personal injury, a settlement is reached that includes compensation for medical treatment, lost wages, pain and suffering, etc. Under workers’ compensation, an injured worker receives income benefits called Impairment Disability Benefits (IIBs) when he or she reaches Maximum Medical Improvement. For example, if an injured worker receives Maximum Medical Improvement certification with a 10% whole body impairment rating and his date of accident was after 10/1/15, he will be entitled to 30 weeks of IIB at a one-week Maximum rate of approximately $627. The weekly amount of IIBs varies depending on the date of injury. The injured worker may be working after he or she receives the impairment rating and IIBs will still be sent to him or her on a weekly basis. The IIBs can be considered as the settlement of the claim.