Articles Tagged with Sacramento workers comp attorney

How Long to File Workers Comp Claim California

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 ›

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!

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.

compromise and release settlement amounts

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 ›

File a California Workers’ Compensation Claim in Court

When you are injured at work, your employer is responsible under California law to help you recover from the injuries by paying workers’ compensation benefits. These benefits are payments that cover a variety of different expenses, such as medical bills and lost wages. However, many employees are confused about how exactly they can get these benefits.  Employers are often not very forthcoming with details on how to file workers’ compensation claims and may even provide intentionally false information to deter you from filing a claim. There are three main ways to pursue a workers’ compensation claim in California: (1) request reimbursement from the insurance company, or (2) file a case in court.

Claim Stipulation and Award for California Workers’ Compensation Cases

Under California workers’ compensation law, there are a variety of different types of agreements that you can enter into with your employer’s insurance company for coverage of injuries you sustained while on the job. One type of resolution is known as the claim stipulation and award. Before you discuss payment with your employer, however, your workers’ compensation claim needs to be approved. Below is a brief summary of the anatomy of a workers’ compensation claim in California.

Serious and willful misconduct

In the California Worker’s Comp System, occasionally there will be serious and willful misconduct, either on the part of the employer or on the part of the employee.

Workplace Slip-and-Fall Injuries

Have you ever had a slip-and-fall?  I don’t know about you,  but the first thing “I do” when I tumble is try to do it gracefully.  Next order of business is to thrust my hands out in front of me (or in back of me) and try to protect my face or backside.  Basically, I am trying to break my fall rather than break my nose or tailbone.  Once I make contact with solid ground (ouch), I take a look around hoping no one saw what just went down.  Even if my fall was not seen — it probably was felt and heard.   Thump, bump-bump….expletive!

Death benefits in California Workers comp system are awarded to temporarily or permanently injured employees who later die from the work injury.

Dependents are also entitled to burial benefits.

Workers Comp medical benefits in California  are provided  to any employee injured on the job so long as the medical treatment is reasonably necessary to cure or relieve your work injury.

If an employer does not provide that care when appropriate, he will need to reimburse the employee for the employee’s reasonable medical expenses. An employee is not required to pay any medical bills for a work related injury so long as he fills out the required form and reports his injury to his employer. (Bell v Samaritan Medical Clinic (1978).