Phone: (408) 292-8131
Fax: (408) 292-8101
Our Legal Practices
Let Us Represent You
Attorneys Bob Rocha and Kelli Schmidt, have been helping injured workers in San Jose and beyond for over thirty years. At Rocha & Schmidt, you will find attorneys committed to representing the injured worker throughout the entire process. We are here to make sure all your needs are being met, from getting the medical treatment you need to obtaining the compensation you deserve. We will be there for you at all phases of the workers’ compensation process, from filing an application to representation at any hearings and appeals which may be necessary.
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Our team of committed attorneys understands the importance of your case. With experience in a wide array of practice areas, Rocha & Schmidt will handle your legal issues with care and professionalism. Contact us today.
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Workers’ Compensation Law
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In 2007, our daughter had a stroke at work while driving a delivery truck for UPS. The stroke left her with partial paralysis and speech difficulties that made it impossible for her to work, or adequately care for herself. Her initial Workman's Compensation claim was denied because the stroke was considered a non-job related injury. After meeting with Ms. Schmidt, she contacted UPS and was able to aggressively negotiate a structure settlement for our daughter that is payable for life. This settlement seemed like a miracle to us. It made it possible for our daughter to receive the speech and physical therapy required for her continued care and recovery.
Ms. Schmidt is the perfect blend of professionalism and caring. Even though speech is difficult for our daughter, Ms. Schmidt made sure to include her in all meetings and insured she understood all issues. She was kind, compassionate, thorough and effective, and, she continues to be available to us for any questions or concerns we may have. We will continue to recommend Ms. Schmidt to anyone who needs help with Workman's Compensation issues.
With much gratitude,
K.B. and Family
Hello,
I want to take the time to share my profound Respect and Admiration for Kelli Schmidt. She has been my Lawyer for the last 5 years. She and her Staff work hard for her Clients and she is always available, professional and honest in every way.
Kelli is highly motivated for the Defense and interest of her Clients. She has kept me updated with all the aspects of my Case and the People I have recommended to her, feel the same. She sure is a fighter for her Clients rights.
Regards
L.W.
I am writing this testimonial, as a client, concerning my favorable experience dealing with Mr. Robert Rocha in handling my complicated Workman Compensation Claim. Mr. Rocha worked quickly and effectively in all aspects of my claim, which lead to a prompt and just settlement. Mr. Rocha always stayed in close communication with me regarding the various legal matters as they unfolded. I was never pressured to make any on the spot decisions, instead Mr. Rocha's timeline was excellent with regards to allowing enough thinking time and providing the pertinent legal information in order for me to make proper decisions.
If I was to have, in the future, a new Workman Compensation Claim, I wouldn't hesitate, not for a moment, to seek Mr. Rocha's help in handling my claim.
Louis C.
San Jose, CA
Mr. Rocha and his firm represented me in my Workman's comp case a few years back. They are professional, friendly, honest and most importantly they did an excellent job of representing me with my case.
Mr. Rocha is very knowledgeable with workman's comp law and was able to answer all my questions and concerns and I had a lot of concerns.
He did such a great job that I have recommended Mr. Rocha over the years to my friends and family.
Thank You Mr. Rocha...
M.D.
Two years ago, I was severely injured in an accident at work. My employer was fighting my Workers Comp claim and I couldn't get the surgery I needed until my claim was accepted. Robert Rocha handled my case with skill and determination and within a short time, Workers Comp approved my claim. Mr. Rocha negotiated a great settlement for me, much more than I expected. I would not hesitate to recommend this firm to anyone who needs help with a workers comp claim.
K.B.
My name is [M.P.], and I have been the client of the Rocha & Schmidt Law Firm - specifically that, of the inordinately capable and qualified, Ms. Kelli B. Schmidt - for the better part of the last twelve years.
For that length of time, I have been the extraordinarily fortunate beneficiary of an overwhelming professionalism, and a singular dedication to the cloister and practice of the Law, that is stunningly peerless. I have needed the services of Attorneys in other and varied fields during the last decade, and have considered myself that much more unfortunate that I could not employee the services of Ms. Schmidt and her legal partners, and their colleagues, beyond their current expertise of California Workman's Compensation Law.
I would whole heartedly recommend the services of Rocha & Schmidt - and those specifically Ms. Schmidt - to anyone in need of the services of what I consider, the premier firm in the practice of Workman's Compensation Law, in California, today.
Sincerely,
M.P.
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Kelli Schmidt and her team are absolutely wonderful! Ms. Schmidt is a lawyer who fights for her clients! She is attentive, organized, and responsible when it comes to client care. Kelli Schmidt and her team are professional and always answer all questions promptly. I would high recommend Kelli Schmidt as a lawyer!
Yelp - Sabrina M.
San Jose, CA
Attorneys Specializing in Workers’ Compensation for the Injured Worker
Across the San Francisco Peninsula, from San Mateo to Santa Cruz and beyond, the attorneys at Rocha & Schmidt are here to help the injured worker. If you have suffered a workplace injury or work-related illness, our Santa Clara County Workers' Compensation Attorneys will work to see that you are taken care of, from finding the right medical treatment to making sure you receive all the benefits that you are entitled to.
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San Jose Workers' Compensation Attorneys
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The main source of benefits for injured workers is workers' compensation, and the attorneys at Rocha & Schmidt have a combined 48 years of experience helping injured workers through the California workers' compensation system. There are many steps along the application process at which your application may be disputed or denied, or where medical examinations may be required that have significant consequences on what benefits, if any, you may be entitled to receive. We are with you every step of the way, representing your best interests and making sure you are being treated fairly.
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Helping You with All Your Legal Needs
Workers' compensation is not the only benefit that may be available if you have been hurt on the job. For instance, if you have become disabled from working, then you may be entitled to receive disability benefits from social security. However, successfully pursuing a social security disability claim can be every bit as difficult as a workers' compensation claim.
You may also be able to receive additional compensation when a third party is liable for your workplace injury. This can occur when an accident occurs on another person's dangerous property or in an automobile or truck accident that occurs during the course of employment. Another example would be an accident caused by a vendor, supplier or other person present at the work site, or if a defective piece of equipment is the cause of your injury. Successfully pursuing a third party liability claim may require you to sue the responsible party in court, or negotiate a settlement with the negligent party's insurance company.
Benefits such as social security disability or third party civil liability may be available in addition to any workers' compensation benefits you receive, but legal help in both situations is a critical factor to your success. At Rocha & Schmidt, we will help you to identify all the possible sources of compensation open to you, and if we cannot help directly in these areas, we will be able to refer you to a quality attorney who focuses in that area.
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Get Help Now With Your Workplace Injury - Workers' Compensation Attorney
Representing injured workers is what we do. We are here to represent you and make sure you get the care and compensation you and your family need and deserve. In San Jose and surrounding areas, contact Rocha & Schmidt for a free consultation with one of our experienced San Jose Workers' Compensation attorneys serving the greater San Francisco Bay Peninsula area.
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.
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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.
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Different Types of California Workers' Compensation Benefits
The main areas of compensation are medical treatment and wage replacement benefits.
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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.
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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
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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.
Workers' Compensation Frequently Asked Questions
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.
Meet The Team
Our Group of Seasoned Professionals
Expert Workers' Compensation Attorneys Serving Santa Clara, San Mateo and Alameda Counties
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The attorneys at Rocha & Schmidt have a combined 48 years of experience helping injured workers in San Jose and beyond obtain workers' compensation benefits and ensure that they receive the care and treatment they need.
The law firm of Rocha & Schmidt took its current name in 2012 (it was formerly Capurro, Rocha & Schmidt), but the firm has been in practice in one form or another since 1981, continually serving the people of Santa Clara, San Mateo and Alameda counties who have been injured on the job. If you have suffered an injury or illness in the workplace, contact Rocha & Schmidt for a free consultation with one of our attorneys.
Robert F. Rocha
Attorney
Oakland native Robert Rocha earned his undergraduate degree from California State University at Hayward and his Juris Doctor law degree from Santa Clara University School of Law. He is admitted to practice in all California State Courts and is a member in good standing of the State Bar of California and is a member of the bar's section on Workers' Compensation. Mr. Rocha is a long-standing member (since 1985) of the California Applicants' Attorneys Association (CAAA) and the Santa Clara Chapter of the CAAA.
First admitted to practice in 1974, Mr. Rocha has focused on workers' compensation since 1976 and since 1985 has limited his practice exclusively to the representation of the injured worker. Mr. Rocha is married to his wife of 34 years, Maria Esther, and is the proud father of two grown children - Denise, an architect, and Robert C., an aerospace engineer.
Kelli B. Schmidt
Attorney
Kelli Schmidt completed her undergraduate degree at the University of California, Santa Barbara before earning her Juris Doctor law degree from Lincoln Law School of San Jose. Ms. Schmidt is admitted to practice before all California state courts and is a member in good standing of the State Bar of California, including membership in the bar's section on Workers' Compensation.
Ms. Schmidt is a member of the California Applicants' Attorneys Association (CAAA), where she currently serves on the Woman's Caucus Committee, Education Committee, Media Committee, and on the Board of Directors. She is also a member of the CAAA Santa Clara Chapter, and is a past President of the chapter.
Outside of her law practice, Kelli Schmidt is devoted to her loving family, including her husband, two amazing young sons, and 2 rescue beagles Lexi and Rocky. Ms. Schmidt is fortunate to have a sister living in Hawaii, and Kelli and her family love to travel to the Aloha State to visit her sister and family.
Some Useful Resources
The attorneys at Rocha & Schmidt provide the following links for the benefit of injured workers and their families seeking information on workers' compensation and workplace injuries. We hope these resources are helpful to you. If you need additional information, or if you are filing a workers' compensation claim and need an attorney to represent you throughout the process, contact Rocha & Schmidt at our San Jose office.
Get in Touch
Thank you for visiting our website. If you’d like to book an introductory meeting with one of our experts, get in touch today.
18525 Sutter Blvd, suite 220
Morgan Hill, CA 95037
Phone: (408) 292-8131
Fax: (408) 292-8101
California Workers' Compensation Resources
The Division of Workers' Compensation (DWC) of the California Department of Industrial Relations monitors the administration of workers' compensation claims and provides administrative and judicial services to assist in resolving disputes that arise in connection with claims for workers' compensation benefits. Their website guides the injured worker through how to file a claim and what to do if your claim is accepted or denied.
The Workers' Compensation Appeals Board (WCAB) is the judicial body which reviews petitions for reconsideration of decisions made by workers' compensation judges
The California Applicants' Attorneys Association is the most powerful and most knowledgeable legal voice for the injured workers of California. One section of their website is designed specifically for injured workers and provides legal definitions, answers to frequently asked questions, injured workers' stories, an attorney search, and other interesting and valuable information for victims of a workplace injury.
Voters Injured at Work is a non-profit political advocacy organization of injured workers and their families established for the purpose of protecting and enforcing California's constitutional guarantee of a fair and adequate system of compensating workers and their dependents for injury or disability from a work injury.
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Other Work Injury Resources
If your work injury has rendered you unable to work, you may be entitled to social security disability benefits. This website at the Social Security Administration allows you to apply online for benefits. Keep in mind that nearly two-thirds of all applications for social security disability benefits are initially denied, so you may benefit by hiring an attorney to help you through the claims process or to appeal a denial of your application.
If you were injured by a third party during the course of your employment, you may be able to seek money damages in a civil lawsuit. If you were injured in an automobile accident, you may want to visit the California Department of Motor Vehicles for driving record information, such as prior accidents and convictions. If you were injured due to a defective product, you find useful information at the U.S. Consumer Products Safety Commission.