Rocha & Schmidt

Should I Hire A Attorney To File A Workers’ Comp Claim?

The workers’ comp claim division is not there to help you; they exist to process valid workers’ compensation claims. If you happen to make a mistake on your workers’ comp claim, it will most likely be denied. If this happens, you might not be aware of the steps you must take to have your claim reconsidered or to file an appeal if you are denied. If you do not have an experienced and knowledgeable workers’ comp claim attorney on your side, you may find yourself up against your employer or an insurance company in an adversarial process, and they will definitely have attorneys representing their interests. Your workers’ comp claim may be disputed, your employer may say that your injury is exaggerated or was not work-related. Without knowledgeable and skilled legal representation, you may find it nearly impossible to successfully defend against these types of attacks on your workers’ compensation claim. Entire blog →

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What benefits are available through a workers’ compensation claim?

Most people have heard of workers’ compensation and know that it is available to those who have been injured in the job. Unfortunately, that just about all that most people know about how workers’ compensation works. There are 4 main benefits available for those who are eligible for workers’ comp after being injured on the job.

Temporary Disability Benefits

Temporary disability benefits are available to workers that have been injured during the course of the their job. After a workers’ compensation claim is approved and it is determined that the worker is not permanently disabled, the worker may be eligible for up to two years of temporary disability benefits. The benefit is generally equal to ⅔ of the worker’s average gross pay up to a weekly maximum set by law.

Permanent Disability Benefits

Permanent disability benefits are available to those workers that suffer permanent injuries that results in a reduced earning capacity for the unforeseeable future. Individuals that fall into this category of benefit recipients are generally unable to compete in the open labor market due to their disability. The marketability of their job skills has been greatly reduced or they have no marketable skills to offer an employer.

Medical Treatment Benefits

Medical treatment benefits provide for medical care to treat and cure or relieve the work related condition or injury. Medical treatment benefits also allow for the creation of a plan to treat the medical condition in the future. This benefit is particularly important to those who suffer serious and catastrophic injuries on the job.

Employment Retraining Benefits

Employment retraining benefits provide for a voucher to retrain an injured worker in the event that the work related medical condition or injury prevents the injured worker from returning to his or her old job and the employer is unable to accommodations for the restriction placed on the worker’s job conditions.

Lump Sum Payment Option

An experienced and skilled workers’ compensation attorney may be able to negotiate a lump sum payment option. The lump sum payment would settle the workers’ compensation claim pertaining to all four of the above discussed workers’ compensation benefits. Generally, this option is only obtainable by attorneys that are well versed and experienced in negotiating workers’ compensation claim settlements.

Do I need a workers’ compensation attorney?

The system for obtaining workers’ compensation claim benefits is rigid and has many obstacles along the way. Navigating the workers’ compensation claim process is difficult and stressful and can hinder your recovery especially if your injury is stress related. There is help available. Many workers’ compensation attorneys take workers comp cases on a contingency basis. It is in your best interest to contact a workers’ compensation attorney if you need assistance with your workers’ compensation claim.

Obtaining workers’ compensation benefits is too important to risk losing by trying to navigate the workers’ compensation claim system without competent legal representation. At Rocha & Schmidt, we have a combined 48 years of experience helping people in San Jose and surrounding areas get the workers’ comp benefits they are entitled to when they have been injured on the job. Let us help you too. Contact Rocha & Schmidt today for a free consultation.

 

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Have You Been Injured on the Job?

If you have been injured on the job and have been receiving treatment for more than a year, please complete the survey that follows. If you have been injured on the job and you think you may be entitled to compensation for your injury, contact our workers’ compensation attorneys for a free consultation.  At Rocha & Schmidt, we have a combined 48 years of experience helping people in San Jose and surrounding areas get the workers’ comp benefits they are entitled to when they have been injured on the job. Let us help you too. Contact Rocha & Schmidt today for a free consultation.

workers comp survey

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Workers’ Comp for Stress in California

Workers’ comp for stress varies from state to state. Stress can be caused by many factors so obtaining workers’ compensation benefits for stress may be a challenge. In California, a worker may be able to get workers’ compensation benefits if it can be shown that the stress is work related.

California workers’ comp law states that an employee is entitled to workers’ compensation benefits if the employee can prove that the stress was predominantly caused by working conditions or events. This means that a worker must prove that at least 51% of the stress they are experiencing is attributable to events or conditions in the work environment. Qualifying events and conditions include a hostile work environment and abusive supervisors.

Generally, in order to file a workers’ comp claim in California, there is no requirement that you work for the employer for any length of time. Instead, you must simply prove that you were injured in the course of work. Workers’ comp for stress in California is an exception to this general rule. In order to qualify for workers’ comp for stress in California you must have been working for the employer for at least 6 months. The reason for this is that stress develops over time. Therefore, it is unlikely that an employee that has been working for an employer for a short time would be able to predominantly attribute the stress to their current employment.

It may be a challenge getting worker’s comp for stress in California as insurance companies are likely to evaluate every aspect of your life to determine the cause or causes of the stress you are claiming. Insurance adjusters may even turn to social media to investigate a claim of stress which has the potential of being detrimental to a workers’ comp for stress claim. Insurance companies are in business to make a profit and as such they do their best to minimize what they pay out in claims.

Obtaining workers’ compensation benefits is too important to risk losing by trying to navigate the system without competent legal representation. At Rocha & Schmidt, we have a combined 48 years of experience helping people in San Jose and surrounding areas get the workers’ comp benefits they are entitled to when they have been injured on the job. Let us help you too. Contact Rocha & Schmidt today for a free consultation.

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Gonzalez Bill Eliminating Workers’ Compensation Gender Bias Against Women Sent to Governor

AB 305 Would End Workers’ Comp Practices That Penalize Female Workers for Conditions Predominantly or Only Affecting Women

SACRAMENTO – (Thursday, September 10, 2015) – A bill by California State Assemblywoman Lorena Gonzalez (D-San Diego) to eliminate practices in California’s workers’ compensation system that penalize women was approved today by the California Assembly on a bipartisan 57-16 concurrence vote. The bill will now be submitted for consideration by the Governor.

 

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Rocha & Schmidt
333 West Santa Clara Street, Suite 930
San Jose, California, 95113 USA
408.292.8131
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