The Life of Schmitt 289

Additionally, should an employee need to wear a wrist brace, back support or other assistive device while working, this may be a sign that repetitive, prolonged work duties have caused injury. For others, it may be needing to lie down and rest after returning home from a long day’s work to alleviate pain and discomfort from a work day. These are signs that work may be causing the employee’s pain and injury. However, it is vital for the employee to carefully discern whether the harm was intentional or the result of negligence. Negligence or carelessness, however severe, does not legally constitute intentional harm under California law.
With more than 30 years of experience, our accomplished attorneys are here to guide you through these difficult times and get the compensation you deserve. In addition to the practice of law, the attorneys and staff of Yrulegui & Roberts are actively involved in several non-profit organizations and educational institutions in Fresno, the San Joaquin Valley, and across the country. Involvement in our local community is not something we merely “tack on” to the practice of law, but is integral to the culture of our firm. Involvement in the community helps us to be better attorneys; it reinforces our core values, reminding us that the legal profession exists not only to promote justice, but to show mercy and compassion.



The work-related requirement for an eligible workers’ compensation claim may be apparent in many cases. A worker is clearly injured on the job when scaffolding crushes their limbs and there are multiple witnesses attesting to the accident. Certain illnesses and injuries may not be as apparent and the insurance carrier may be more likely to deny the claim. Let us investigate your claim and help secure full compensation for your losses. Furthermore, penalties are imposed if the claims administrator wrongly delays or denies payment to the injured worker. However, there is no 10% penalty if the claims administrator sends a delay letter explaining the situation.
Learn about the benefits that are available to survivors of employees who died because of work-related injuries or illnesses. Learn about California’s rules on workers’ comp insurance for small businesses, including the owners and anyone who works for the business. If you suspect your employer’s doctor is not providing you the proper care you need, you may be able to switch doctors.
Workers in California need to lock in compensation after an on-the-job injury with the help of an attorney. This is one of the main areas where a Bakersfield workers' compensation lawyer can help. He or she can work to ensure your petition includes all relevant information for the appeals board to consider. Stipulations with Request for Award – This occurs when the employee and employer agree on a weekly amount of benefits . Claims administrators usually agree to pay for medical care if it is still necessary. Once you file the form, your employer must fill out its portion of the form and send it to a claims administrator.

Treatment not in the MTUS may be paid by the claims administrator if it follows other scientifically based guidelines that are generally recognized by the national medical community. The employer has an obligation to provide injured workers the medical care that is scientifically proven to cure or relieve the effects of the injury. The medical and hospital benefits are unlimited as to time and amount. Moreover, medical care must be paid for by the employer regardless of whether or not the employee misses any