Articles Posted in Workers Compensation

File:US Navy 051206-N-6843I-090 An injured Marine speaks with a Los Angeles Police Department (LAPD) officer during a visit to Naval Medical Center San Diego (NMCSD).jpg
Extended Disability Benefits for Law Enforcement

I’m Ed Smith, a Sacramento Workers’ Compensation Lawyer. When an employee is hurt in an accident at work, they are typically covered under workers compensation benefits, including medical care, both permanent and temporary disability benefits, vouchers to help pay for retraining, and even death benefits. Certain government employees are additionally statutorily covered by the labor code. A recent case concerning a sheriff’s deputy’s workplace injury has brought the matter to the courts, resulting in a contentious interpretation of the legal code.

Injured in the Line of Duty

Personal Injury Case Evaluation
Personal Injury Case Evaluation

Creative and Resourceful Case Evaluation and Investigation May Reveal Third-Party Liability for Workplace Incidents

I’m Ed Smith, an experienced Sacramento Workers’ Compensation Lawyer. A thorough personal injury case evaluation is a necessity. Workers’ compensation laws have provided many benefits to injured workers in California. But these benefits come at a cost. A worker injured or who becomes ill while on the job is able to apply for and (in many cases) receive workers’ compensation benefits without having to prove fault or responsibility. This means injured workers are able to receive compensation for their injuries quicker than they might if they were forced to file a personal injury lawsuit. It is crucial to have an experienced lawyer on your side who will perform a thorough personal injury case evaluation for you.

Coordinating Work Injury and Personal Injury Claim
Coordinating Work Injury and Personal Injury Claim

How Coordinating Your Workers’ Compensation Claim and Personal Injury Case Can Benefit You After a Workplace Accident

In California, workers’ compensation laws provide an important protection to employees who are injured on the job. These benefits are available without the necessity of showing who was at fault in causing the injury accident: the fact that the worker was engaged in the performance of his or her duty when he or she was injured or became ill is enough (essentially) to entitle the employee to workers’ compensation benefits.

Time Limit to File a California Workers’ Compensation Case

Time Limit for Filing California Workers’ Compensation Case

I’m Ed Smith, a Sacramento Workers’ Compensation Lawyer. When you are injured on the job in California, your employer is required by state law to cover treatment of your injuries via workers’ compensation benefits. These benefits can be completely denied if you do not file a workers’ compensation claim fast enough. As a general rule of thumb, I recommend that my clients notify their supervisors immediately when an accident occurs or when they are hurt in the workplace. Workers’ compensation injuries can involve single accidents, such as a fall, or injuries from repetitive work tasks, like back injuries caused by constant heavy lifting.

Notifying Your Employer Immediately of Your Injuries

When you experience pain, ask your manager how you go about reporting an injury. If you don’t notify your employer within 30 days after your injury occurred, you might lose your right to medical care assistance and payments!

How Long Do You Have to File Your Claim?

In order to receive workers’ compensation benefits, you must file a claim with the Division of Workers’ Compensation (DWC). Upon learning of your injury, your employer is required by California law to give you a DWC claim form within one day. But once you have that claim form, how long do you have to file it? Continue reading

In the state of California, employers are required to maintain workers’ compensation insurance in order to reimburse employees who have been injured on the job. Just like how you pay monthly payments to your car insurance provider, employers pay monthly premiums to workers’ compensation insurance agencies. In exchange, the insurance company acts as a claim administrator for any injuries that occur at work. This includes receiving claims, reviewing claims, accepting or denying claims, overseeing medical treatment, and making payments to injured employees.

Employers are often times not very involved in the claims process aside from reporting the claim to the insurance company. However, numerous costly workers’ compensation claims affect the premiums employers must pay to the insurance provider. The more successful claims are, the higher the premiums become. In order to decrease premiums and avoid payouts, employers sometimes skirt the law and terminate employees who were injured at work. This is illegal and can result in a variety of civil penalties.

Retaliatory Discharge

Temporary California Workers’ Compensation Disability Benefits Following Termination

When you are injured at work, you need to seek the assistance of a doctor immediately. Do not wait to find out the status of your workers’ compensation claim or to haggle with your employer’s insurance company. Injuries and pain can be exacerbated when you do not seek medical care in a timely manner. Many of my clients stalled on seeing a doctor because they worried about how they would pay the medical bills. Did you know that in the state of California, the insurance provider is required to cover medical expenses up to $10,000 while it is still reviewing the viability of your workers’ compensation claim? Don’t wait to go to the hospital!

Temporary Disability Benefits

How to Understand California Workers’ Compensation Law

California workers’ compensation law is an incredibly complex and confusing area of law, especially for individuals who are not licensed lawyers with years of experience such as myself. While this short post will provide you with some background on California workers’ compensation claims, it is not a substitute for hiring an attorney to guide you through the claims process and advocate for your just compensation.

The Claims Process


How Compromise and Release Can Settle Your California Workers Compensation Case

I’m Ed Smith, a Sacramento Workers’ Compensation Lawyer. A workplace injury caused by an unexpected accident can have unfortunate and lasting consequences for your health, finances, and career. In anticipation of and preparation for sudden on-the-job injuries, employers purchase what is known as workers’ compensation insurance.

Workers’ Compensation Insurance Providers

The effects of job injury can be fairly expensive – doctors’ bills, prescription medication, physical therapy, surgery, and lost wages can add up. Many employers, especially smaller ones, are unable to shoulder the cost of compensating employees for accidents that occur at the worksite.

That is where workers’ compensation insurance kicks in. Like how you make monthly payments to your car insurance company to help you prepare for damages and injuries caused by a car crash, employers pay premiums to workers’ compensation insurance companies. In exchange, the insurance companies handle workers’ compensation claims, including receiving, reviewing, and accepting or denying claims. The employer simply passes off any claims to its insurance provider. In a way, this system is beneficial for injured employees in California because employers should theoretically have little incentive to thwart the claims process when they are not responsible out-of-pocket for reimbursement to the employees. However, because claims go to insurance companies, there is often an impersonal, cold, and calculating approach to claims review that does not take into account how the injury has affected you and your loved ones.

Continue reading

How Pre Existing Conditions Affect California Workers’ Compensation Claims

I’m Ed Smith, a Sacramento Workers Compensation Lawyer.  Many employees are fully capable of performing their job functions successfully despite having pre-existing medical conditions. These conditions are often controlled by medication, therapy, or simply avoiding activities that can worsen them.

New Injury Requirement

Client Reviews

  • Me and my wife; had a car accident. We were amazed how easy, professional, friendly attorney Ed Smith is along with his staff. Everybody is amazing. Thank you so much, we are very impressed!
  • Ed Smith and his office team took on a difficult personal injury case on my behalf and for the passenger in my car. Ed is a top- notch attorney. His staff couldn't have been more helpful and kind. No need to look elsewhere. I give Ed Smith my highest recommendation.
  • Ed and Robert have been taking great care of my husband and I for the past 5+ years. They are always there when you have a problem and a quick resolution! Even when the issues have nothing to do with them. They are willing to help ease the pain off your shoulders. They are as good as it gets! Thank you again for everything.
  • Very professional. Great team, staff and service all around. Mr Smith was very honest, straight forward with his advice. He gives the word "attorney" an honest reputation. I will seek his council anytime, and would recommend him at the drop of a dime.
  • I would highly recommend Ed Smith to any friends or family in need of a personal injury attorney. Ed, and his staff, are very caring on top of being very experienced in this field. The staff always keeps you informed of the status of your case and they are always easy to reach by phone.
  • Edward Smith law offices provide competent, thorough, and personable help for victims of personal injury. When you first meet the staff you know you contacted the right office. This law office treats clients like people. I recommend this office to anyone seeking representation regarding personal injury.