Rocha & Schmidt

California Workers’ Compensation Applicants Attorneys

Workers’ Compensation Applicants Attorneys Helping Injured Workers in California

At the San Jose law office of Rocha & Schmidt, our lawyers help injured workers obtain their workers’ compensation benefits by assisting them at every step of the application process. We understand what is required every step of the way and work to see that our clients receive the benefits and treatment they are entitled to. While our goal is that your claim will be initially successful, if your claim is disputed or denied, we can represent you in the hearings and appeals process as well, with the goal that ultimately you will receive the benefits you need and deserve.

Process for Obtaining Workers’ Compensation Benefits

It is important to notify your employer as soon as an accident, injury or work-related illness occurs. Once you report the injury, your employer should give or mail you a claim form to begin the workers’ compensation process. This should happen within one working day of your report. Once you complete and return the claim form, it is forwarded by your employer to their insurance company. In general, you should receive a letter from the insurance company within 14 days letting you know the status of your claim. From here, your claim takes different paths depending upon whether your claim was accepted or denied. If there is disagreement over your injury or course of treatment, you may need to submit to an independent medical examination. This may also be necessary before you return to work. Always notify your attorney of any such medical examination, because important legal determinations are made or affected by these examinations as well.

Different Types of California Workers’ Compensation Benefits

The main areas of compensation are medical treatment and wage replacement benefits.

Medical Treatment – As part of your workers’ compensation benefits, you are entitled to have your medical treatment paid for by your employer. In some cases, your employer may select a doctor for you, while in other cases, the choice of a treating physician is up to you. If you are unsatisfied with the doctor chosen by the employer, your attorney can help you understand your options and make sure you are getting the treatment you need and deserve.

Wage Replacement – While you are disabled and unable to work, you are entitled to receive benefits as wage replacement. Generally speaking, these benefits amount to two-thirds of your regular wages and are available for up to two years while you are recovering from a temporary disability. If you are not able to return to work, then you may have the right to receive permanent disability benefits.

Job Retraining and Other Benefits – When you cannot return to your old job because of a disability but are able to do other kinds of work, you can receive anywhere from $4,000 to $10,000 in Supplemental Job Displacement Vouchers to help you obtain job training for another position. The amount you can receive for job retraining depends upon your disability rating.

You may also be eligible for reimbursement for other expenses related to your injury, such as rehabilitation, medication, and mileage. Also, in event that a worker has died from a work-related injury or illness, surviving family members may be entitled to receive death benefits.

A California Workers’ Compensation Applicants Attorney can help you obtain the different types of benefits you deserve.

Seek Experienced Legal Representation –  California Workers’ Compensation Applicants Attorneys

Obtaining your workers’ compensation benefits is too important to risk losing by trying to navigate the system without professional, experienced legal representation. At Rocha & Schmidt, we have a combined 48 years of experience helping people in San Jose and surrounding areas get the benefits they deserve 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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Rocha & Schmidt
333 West Santa Clara Street, Suite 930
San Jose, California, 95113 USA
408.292.8131
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