Thursday, January 24, 2013

SMITH LAW -Workers' Compensation Lawyers Serving Central Valley, Los Angeles & San Francisco, All of California


Workers' Compensation Lawyers in Fresno--No Recovery, No Fee





Work Injuries may include the following:

  • head/brain
  • heart attacks & strokes
  • Farm labor accidents
  • Wrongful death
  • Motor vehicle accidents
  • Construction accidents
  • Carpal tunnel syndrome
  • Chemical exposure
  • depression
  • stress
  • anxiety
Contact us today to speak with an experienced workers' workers compensation attorney. 559 320 7028

When insurance companies try to deny or delay workers' compensation benefits, our  are ready to help. We are formidable legal advocates who know how to counter the tactics of employers and insurance companies. We help clients with all aspects of benefit claims, appeals and litigation. We are also genuinely concerned for the plight of injured workers. We offer every client exceptional legal representation as well as personal service and attention.
Were you injured on the job? Has that injury kept you from earning a paycheck or saddled you with steep medical bills? Under California workers' compensation law, you may be entitled to receive compensation for your medical bills, and we can help you seek disability benefits. At Jolley Smith, we are skilled at helping people like you obtain the workers' compensation benefits they need and deserve.
  • neck
  • arms
  • feet
  • back
  • hands
  • lungs
  • shoulders
  • hips
  • burns

Compensation for All Workers

It is important to remember that workers' compensation laws are in place to protect all workers, not just those with physically demanding jobs. While we represent construction workers, longshoreman, police officers and others with dangerous or physically demanding jobs, we also represent accountants, office managers, receptionists and others who work in less physically demanding jobs, but have been injured nonetheless.

The scope of our practice includes back injuries, repetitive stress injuries, psycological injuries  and much more. Whether you were injured in a scaffolding accident, or at a hotel while on a business trip, we can help you with all aspects of your workers' compensation claim

WORKERS COMPENSATION BENEFITS



Workers' Compensation Benefits Workers' Compensation for All California Workers If you have been injured on the job, you may be entitled to workers' compensation benefits. These benefits can help you pay for lost time from work and medical bills, but obtaining them is not always easy. Workers' compensation insurance providers may try to deny or delay your benefits, putting you in a dire situation as bills keep piling up, and paychecks stop coming in. At Jolley Smith, we help people get the workers' compensation benefits they need and deserve. We have experience and a long track record of success winning results for injured workers from the San Francisco Bay Area. Contact us today to speak with an experienced workers' compensation lawyer. Have You Sustained a Workplace Injury? At Jolley Smith, we help injured workers with all aspects of workers' compensation claims. If you have been injured on the job, it is important to take the following steps as soon as possible: Notify your employer: Filing an initial claim with your employer is important since it lets them know your are injured and it establishes a paper trail. Seek medical attention: It is important to seek medical treatment as soon as possible, for your own safety, and because the doctor's report is critical to obtaining benefits. It is important to remember that workers' compensation is a "no fault" system, wherein, negligence does not play a role. Regardless who or what was the cause of your injury, if you were injured while working, you are entitled to workers' compensation benefits. What Does Workers' Compensation Pay For? If you qualify for workers' compensation benefits, you may be entitled to receive benefits for: Disability Medical treatment

Job training Also, family members of people who have been killed in workplace accidents can receive death claim benefits to compensate for the hardships they are facing. Our attorneys are well-versed in all aspects of California workers' compensation law and will help you with all of the necessary legal details. Contact Us If you are seeking workers' compensation benefits in California, we can help. Contact us online or by telephone at 559-320-7028 to speak with an experienced California workers' compensation attorney. For your convenience, we offer free initial consultations. Our billing is strictly on a contingency fee basis: You don't pay us unless we win compensation for you.

JOLLEY SMITH LAW WORKERS COMPENSATION


State fines McDonald's franchisee for firing workers voicing coronavirus safety concerns - Los Angeles Times

Leila Miller

The California Labor Commissioner has fined a McDonald’s franchisee for firing four employees who participated in strikes to protest coronavirus safety conditions in their Los Angeles workplace.

R&B Sanchez, which operates a McDonald’s on 1716 Marengo St. in Boyle Heights, was fined Friday more than $125,900 in lost wages and retaliation penalties and ordered to offer the workers their jobs back. The franchisee may appeal.

“Too many workers fear retaliation if they report a problem or stand up for their rights,” said Labor Commissioner Lilia GarcĂ­a-Brower in a statement Wednesday. “California law has anti-retaliation protections in place that make it illegal for employers to punish workers for exercising their labor rights, such as reporting a workplace safety hazard”

According to the California Department of Industrial Relations, this is the second fine for coronavirus-related retaliation. The Labor Commissioner issued a citation in September in a case in which a worker was suspended for one day for wearing a mask.

In a statement, R&B Sanchez said it was reviewing the citations to determine how to proceed.

“We are disappointed to learn that a local labor agency has issued citations that do not reflect the truth of what is actually occurring in our restaurant,” it said. “We will continue to enforce the rigorous policies and practices we have in place to help protect crew and customer health and safety, and we will continue to work with the L.A. County Public Health Department to comply with applicable laws and public health guidance regarding COVID-19.”

During the pandemic, fear of retaliation has made many employees reluctant to voice safety concerns. Some are low-wage workers living in the country illegally, who don’t qualify for unemployment benefits. They worry that they might not find another job in the current economic climate if they are fired.

The labor commissioner’s Retaliation Complaint Investigation Unit has received 990 coronavirus-related retaliation claims, of which 465 assert health and safety issues. The unit strives to complete cases within a year, but that isn’t always possible — sometimes due to staffing issues, according to Amie Bergin, a senior deputy labor commissioner. It can be painstaking work reaching out to witnesses and trying to track down employers who have since closed.

Retaliation can include termination, a pay or hours cut, or a move to a less desirable shift. Workers alleging retaliation need only assert they had “a good-faith belief” that working conditions were unsafe, said Bergin.

According to the citations, between April and August 2020, the workers complained verbally to managers about health and safety conditions. In June and July, they joined strikes to protest inadequate precautions against the virus. Several also filed complaints with the L.A. County Department of Public Health and California’s Division of Occupational Safety and Health.

On Sept. 4, the workers were terminated for “job abandonment,” the state regulator said. It wrote that strike notices had been delivered to the franchisee, indicating that the workers intended to return to their jobs, and that the workers subsequently requested to do so.

Salomon Sanchez, who worked as a cook at the McDonald’s, told The Times that he went on strike partly because there wasn’t adequate social distancing in the kitchen, with “each person almost stuck to the other.” Workers, he said, also weren’t regularly given disposable gloves and he’d sometimes reuse them from one day to the next.

‘We had to make them last as long as possible,” he said.

Another worker, Lizzet Aguilar, said that in the spring, her manager dismissed concerns that she could be exposed to the virus from customers not wearing masks.

“She said, ‘look Lizzet, we’re not going to stop selling because of your concerns, we’ll sell to them whether they bring masks or not,’” Aguilar recalled.

After she was fired, Aguilar said she grew anxious about how she would pay her rent and support her 5-year-old son and husband, who didn’t have a steady job. She also worked two days a week at another McDonald’s, and began calling her manager there every day to see if they could use extra help — even if it meant working night shifts.

“It was really hard for me,” said Aguilar. “It affected me economically and psychologically.”

R&B Sanchez has previously told The Times that the business provides gloves and masks to employees on a daily basis, adheres to physical distancing guidelines and sanitizes regularly.

Tia Koonse, a legal and policy research manager at the UCLA Labor Center, said that it’s rare for the state to fine employers for retaliation and that the many months it typically takes to investigate complaints can discourage workers from voicing concerns.

“Retaliation cases are notoriously really, really difficult,” she said. “The workers know it’s going to take a very long time for their employer to be held accountable and to get reinstated.”

In October, the Board of Supervisors passed a motion directing the office of the County Counsel and the Department of Public Health to investigate the McDonald’s. It responded to a letter from Bob Schoonover, the president of the Service Employees International Union’s Local 721, that said the McDonald’s had fired four workers for going on strike to protest inadequate protections against the virus and held that the franchisee was “operating in noncompliance with even the most basic COVID-19 safety precautions.”

In a statement, Supervisor Hilda Solis, who wrote the motion, said the Department of Public Health found several minor violations that were “eventually addressed” but that the county found the issue of retaliation against employees to be outside its jurisdiction.

That has since changed. In November, county supervisors unanimously approved a program in which workers from certain sectors will form public health councils to help ensure that employers follow coronavirus safety guidelines. The program pairs councils in various industries with third-party organizations that will educate workers on health orders and help them report violations.

They also passed an ordinance to prohibit retaliation for belonging to the public health councils or for reporting public health violations, making violators liable to a fine and aggrieved workers eligible to bring an action in court.

Workers' Compensation laws vary from state to state, but the basic principles are the same in every state. You are not required by law to work with an attorney when filing for Workers' Compensation benefits, but in many cases you will have to fight your employer and your employer's insurance company in order to receive the benefits you are rightfully entitled to. The simple fact that you have an experienced Workers' Compensation attorney on your side can deter the insurance company from trying to cheat you out of your benefits. The Purpose of Workers' Compensation Laws Every state has Workers' Compensation laws. The purpose is to ensure that injured workers can get the medical care that they need right away and receive some replacement income for their time off work in a timely fashion without having to take employers to court and prove fault. Workers' Compensation laws typically protect employers as well. If you are eligible for Workers' Compensation benefits you are usually barred from suing your employer for you injuries. Workers' Compensation Claims Workers' Compensation laws require most employers to carry Workers' Compensation insurance to cover their employees. When you file a Workers' Compensation claim, you are filing an insurance claim. You are not suing your employer. It is a no fault system. You are not trying to place blame on your employer for your injuries, and you can file for benefits even is you were at fault. A Workers' Compensation claim is not the same as a lawsuit, but there is still a process that can become quite lengthy. You should file your claim right away, so you can start getting the benefits you need as soon as possible and avoid losing your right to benefits by missing important deadlines and time limits. Potential Drawbacks of Workers' Compensation In most cases, you cannot draw Workers' Compensation can sue your employer. Even so, if you are injured on the job, filing for Workers' Compensation should be one of the first things that you do for yourself and your family. A personal injury lawsuit typically pays much more than Workers' Compensation, if you win, but it takes much longer and it is much harder to win. However, you may have a third party lawsuit to pursue in addition to your Workers' Compensation benefits. A third party lawsuit is a lawsuit against someone other than your employer who was responsible or shared responsibility for your injuries. For instance, if you were injured by defective machinery, you may have a third party lawsuit against the machinery manufacturer. Your Workers' Compensation attorney can help you figure out if you need to pursue more than just Workers' Compensation benefits. If you have been injured on the job and believe you may be eligible for Workers' Compensation, please call Smith & Smith at 1-999-999-9999 or contact us. The initial consultation is free of charge, and if we agree to handle your case, in most cases we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. A Workers' Compensation claim must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.

  CHRONIC PAIN FROM REPETITIVE STRAIN FROM AN OLD WORK INJURY? CONTACT FOR FREE EVALUATIONCall/Text 559-320-7028l: jol...