Does the Law Office of Scott A. Schwartz ever represent workers’ compensation insurance companies?

No. The Law Office of Scott A. Schwartz does not represent any workers’ compensation insurance companies.

How do I file a workers' compensation claim?

Tell your employer that you have been injured and call an attorney to make sure you are protected in accordance with the California Labor Code.

How long will it take for my case to be filed?

Scott Schwartz meets with his clients as soon as possible after an injury to discuss their case and then personally files an application of adjudication on their behalf to make sure that it is done properly and within the appropriate time period. In addition, Scott Schwartz is one of a limited pool of attorneys with a license to file applications directly with the State of California. As a result, Mr. Schwartz has a case number assigned to your case within about one week after the application is filed. Many other attorneys have your application dropped in a basket and it generally takes at least one month before you have a case number assigned to your claim.

Can my boss fire me for filing a workers’ compensation claim?

It is against the law to fire an employee for filing a workers' compensation claim. Most employers know it is illegal to fire an employee because of his or her intentions to file a workers' compensation claim. Though, there are some employers that do not know that it is illegal to fire the employee because they filed a workers' compensation claim. If this happens, the Law Office of Scott A. Schwartz advises the employer that they are in violation of the California Labor Code. Often times, the employer simply corrects their wrong and takes back their employee. Other times, the employer decides to ignore our warning and we are forced to file a petition with the workers' compensation court, demanding penalities, fines, lost wages and reinstatement. The foregoing petition must be filed within one year of the date the employee was illegally terminated. There are also other remedies including, the filing of a civil suit for wrongful termination and violation of various California codes such as The Fair Employment and Housing Act. These civil suits are not automatic; they must be requested from the attorney on a seperate contract and a complaint must be first filed by the employee with the California Department of Fair Employment and Housing. If the Department accepts the case, they will prosecute it on behalf of the employee at no charge to the employee. However, if the Department rejects the complaint, the employee still can sue on his or her own in civil court within one year of the date of rejection of the case by the Department.

Where can I get medical treatment?

Scott Schwartz knows doctors who specialize in Workers' Compensation and will do his very best to find an appropriate physician in your area. The Law Office of Scott A. Schwartz can help you select a doctor within the workers’ compensation carrier’s Medical Provider Network. If the insurance rejects your claim, Scott Schwartz will work to find you a doctor who will provide treatment on a lien basis, meaning that the employee does not have to pay any medical bills. Also, keep track of the mileage you travel to visit doctors on a Medical Mileage Expense Form and Scott Schwartz will petition to have your expenses reimbursed.

How much money will I get?

Currently, the maximum temporary disability rate is $986.69 per week for injuries happening on or after January 1, 2010, with a minimum rate of $148.00 per week. A worker who is not able to work because of a temporary disability he or she suffered is eligible to receive two-thirds of his or her weekly earnings up to a maximum of $986.69 per week but in no event less than $148.00 per week for industrial injuries that occurred on or after January 1, 2010.

Who will pay for my medical bills?

By law, your employer, or your employer's insurance company must pay for all necessary medical bills. The employee never has to pay for medical bills out of his or her pocket. If the employee does pay medical bills out of pocket, he or she is entitled to reimburshement without regard to deductibles or co-payments. Scott Schwartz encourages his clients to forward any medical bills they receive to his attention so that the Law Office of Scott A. Schwartz can indicate that such bills are the subject of a workers’ compensation dispute and should be redirected to the workers’ compensation insurance company.

Who will pay my temporary disability?

Your temporary disability payments will either come from your employer's workers' compensation insurance carrier or the State of California; provided; however, that your employer has withheld money from your paycheck for state disability (which they are required to do if you are an employee and not an independent contractor). In the event that your claim is denied, the Law Office of Scott A. Schwartz and your physician will assist you in completing and submitting a Disability Insurance Claim Form so that you can receive your state disability.

How much will this cost?

The employee will not have to pay any upfront costs. All costs are paid at the end, including attorney fees. The Law Office of Scott A. Schwartz requests 15% of what the employee wins in court.

By filing a a workers’ compensation claim, will my future employment be affected in a negative way?

Your workers' compensation case is confidential; future employers do not have a right to obtain this information, or ask you if you've ever suffered a disabling injury at a job.

How much is my case worth?

The value of your case depends on how much permanent disability the doctor says you have, when he or she discharges you. Other factors that decide the value of your case is how much future medical expenses the doctor says you might encounter to treat you work related disablity. Permanent disablity in workers' compensation, could be partial, or total. This means that the value of your case will be much higher if you are found to be suffering from a total disability as opposed to a partial disability. Still, a partial disability could be worth over $100,000.

What if I cannot return to my former job?

You may be entitled to supplemental job displacement benefits, which are really a voucher for education-related re-training and skill enhancement at state-approved or accredited schools.

How do I know that I have a workers' comp case?

You know you have a workers' comp case if you get injured at work or away from work while doing something for your employer. There are a lot of exceptions to this rule, but it would take a careful analysis of your case and the facts regarding the injury. We offer a free consultation to determine whether you have a viable workers' compensation claim.

How long will it take for my case to be resolved?

Most cases are usually resolved within eight months of the date that the doctor discharges you from medical treatment.

Where can I get more information?

Click here to submit your question directly to Scott Schwartz.