Rocha & Schmidt

Workers’ Compensation FAQs

Frequently Asked Questions – Santa Clara, San Mateo and Alameda County Workers’ Compensation Attorneys

In representing workers who have been injured on the job in San Jose and surrounding areas, our attorneys frequently encounter several questions and concerns of injured workers regarding the filing of a workers’ compensation claim. We have included answers to some of these most frequently asked questions below. If you have other questions, or if you have been injured on the job and need legal representation to help you get your workers’ compensation benefits, contact Rocha & Schmidt to speak with one of our experienced greater San Francisco area workers’ compensation lawyers.

Q. Can I lose my job if I file a California Workers’ Compensation claim?

A. No. It is against the law for your employer to fire you or retaliate against you in any way for filing a workers’ compensation claim. Talk to an attorney if you feel you are being mistreated in any way because you were injured on the job or filed a workers’ compensation claim.

Q. Why do I need an attorney to file a workers’ compensation claim?

A. The workers’ compensation division is not there to assist you; they are there to process valid claims. If you make a mistake on your claim, it will likely be denied, and you may not be aware of the steps you can take to have your claim reconsidered or to appeal a denial. Besides not having someone on your side if you are unrepresented, you may find yourself up against others in an adversarial process, and they will have lawyers representing them. Your employer and their insurance company may dispute your claim, claiming that your injury is exaggerated or not work-related. Without legal representation, you may find it impossible to successfully defend against these attacks on your claim.

The other parties to the process deal with workers’ compensation claims every day, and they know the system inside and out. You owe it to yourself to hire a workers’ compensation attorney to represent you – someone who understands the system as well or better than the other people involved in your case.

Q. How much will it cost me to hire an attorney?

A. At Rocha & Schmidt, it will not cost you a dime out of your pocket to hire us to represent you. Our fee is paid out of the settlement we obtain on your behalf, so we do not get paid unless and until you get paid. In addition, the percentage that we charge is established by law, so you can be assured that the you are being charged a reasonable fee and will not get taken advantage of.


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