CHRONIC PAIN FROM REPETITIVE STRAIN FROM AN OLD WORK INJURY? CONTACT FOR FREE EVALUATIONCall/Text 559-320-7028l: jolleysmith1@gmail.com
Call/text legal questions to 559-320-7028 for immediate answers! No Charge! Email: jolleysmith1@gmail.com
Friday, January 19, 2024
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 Law we are skilled at helping people like you
obtain the workers' compensation benefits they need and deserve.
Contact us today to speak with an experienced workers' compensation
attorney.
LITIGATNG YOUR WORK INJURY: WHAT OUR FIRM CAN OFFER YOU !
I
njured on the Frontline? You Deserve Compensation!
Healthcare heroes, we've got your back! If you're a dedicated healthcare professional who has suffered a workplace injury, you deserve the support and compensation you need to heal. Our team of experienced Workers' Compensation Injury Attorneys specializes in advocating for healthcare workers just like you.
⚖️ Why Choose Us?
✅ Expertise in Healthcare Cases: We understand the unique challenges healthcare workers face and have a proven track record of success in securing compensation for injuries in the medical field.
✅ Compassionate Legal Guidance: Our team is not just about legal expertise – we care about your well-being. We provide compassionate support throughout the entire legal process.
✅ Maximizing Your Compensation: We fight tirelessly to ensure you receive the maximum compensation for your injuries, including medical expenses, lost wages, and more.
✅ No Fee Unless We Win: Worried about legal costs? Don't be. Our commitment is clear – you only pay when we successfully win your case.
🌟 Types of Healthcare Worker Injuries We Handle:
đź©ą Nursing Injuries: From lifting injuries to workplace accidents, we've got the experience to navigate the complexities of nursing-related injuries.
đźš‘ Medical Staff Injuries: Whether you're a doctor, nurse, or any other healthcare professional, if you've been injured at work, our team is here to help.
🌡️ Rehabilitation and Therapy Costs: We fight for your right to comprehensive compensation, including coverage for rehabilitation and therapy expenses.
đź“ž Contact Us Today for a FREE Consultation!
Your dedication to caring for others shouldn't come at the cost of your own well-being. Take the first step towards justice – contact us for a FREE consultation. Our team is ready to listen, advise, and fight for the compensation you deserve.
Call/Text: 559-320 -7028
Email: jolleysmith1@gmail.com
Sunday, May 16, 2021
WORKERS COMPENSATION AND WORK INJURIES: Call/Text 559-320-7028l: jolleysmith1@gmail.com
Call/text legal questions to 559-320-7028 for immediate answers! No Charge! Email: jolleysmith1@gmail.com
Injured on the Job? Do you need help with a difficult workers' compensation case.
Our law office has success in recovery thousands of dollars for deserving injured workers. Call for an absolutely free consultation.
Call/Text: 559-320 -7028
Email: jolleysmith1@gmail.com
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 Law we are skilled at helping people like you
obtain the workers' compensation benefits they need and deserve.
Contact us today to speak with an experienced workers' compensation
attorney.
Tuesday, February 5, 2013
Hundreds of Thousands Recovered for Injured Workers.
Denied Case? CJ Smith Law won over $240,000 for a health care worker after being denied! 
This case presented a challenge because the worker sought legal help after she quit. Then to compoud it, her treating doctor denied her work injury. The worker was desperate. She quit over Christmas because her chronic back strain from moving patients had flared up, and she was unable to return to work after the holidays. Realizing she could not sustain the strenuous nature of the job, she emailed her employer her notice. After that she filed a claim for work injury. However, because she filed her claim after quitting, the insurance denied her claim. Even the first doctor she saw, denied her injury. The case was an uphill battle, but Smith Law went into action. It got her the medical treatment she needed, her disability payments, and a final settlement in excess of $200,000.
CJ Smith law will fight for your rights and make sure you recover your work comp benefits.
Call/Text 559 320 7028
Email: jolleysmith1@gmail.com
Why Workers' Compensation Claims Are Denied
- your injury was not work-related (either it wasn't caused by activity on the job or it didn't happen during work-related duties).
- Your injury was due to your work for another company.
- You do not need medical treatment to recover for your injury.
- You do not need time off work because of your injury.
How to Fight a Denial of Your Workers' Comp Claim
n California, you can appeal a denial of claim by requesting a hearing in front of your local Workers' Compensation Appeals Board judge. At the hearing (which is like an informal trial), the judge can hear both sides of the case and make a decision on whether the insurance company must accept your workers' comp claim.
To get the insurance company to accept your workers' comp claim, you'll need to request a hearing before the Workers' Comp Appeals Board (WCAB). Since your dispute with the insurance company is over whether your claim is "compensable" — that is, whether your injury is covered by worker's comp and whether the insurance company has liability for the claim, yours will be a "trial on the preliminary issues."
In order to request this hearing before a WCAB judge, you (or your lawyer) will need to file a form called a Declaration of Readiness to Proceed (DOR). Before you file this form, however, you need to have filed an Application for Adjudication of Claim, which is part of fling your official claim and gives you a worker's comp case number.
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At CJ.Smith we exclusively represent individuals. We do not represent large corporations or insurance companies. This focus allows us to concentrate our efforts on seeking workers compensation benefits for injured workers throughout the San Francisco Bay Area. If you have been injured on the job, you may be able to receive compensation for:
Medical Treatment
Temporary and Permanent Disability
Job Training
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.
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:
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.
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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
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.
Monday, July 12, 2010
EN BANC DECISION MEANS THAT DENIED CLAIMS PROCESS IS CHANGED
Amelia Mendoza v. Huntington Hospital, Permissibly Self-Insured; and Sedwick Claims Management Services, Inc. (Adjusting Agent) June 3, 2010 2010-EB-12 2010-EB-12 ADJ 6820138 ADJ 6820197 The Appeals Board held that: (1) California Code of Regulations, title 8, section 30(d)(3) (Administrative Director Rule 30(d)(3)), which states that when a claim has been entirely denied by the defendant only the employee may request a panel of Qualified Medical Evaluators, is invalid because it conflicts with Labor Code sections 4060(c) and 4062.2 and exceeds the scope of section 5402(b); (2) the time limits of section 4062(a) for objecting to a treating physician’s medical determination do not apply when the injury has been entirely denied by the defendant; and (3) section 4062.2 does not establish timelines for initiating or completing the process for obtaining a medical-legal report on compensability.
Tuesday, June 22, 2010
RETURN TO LIGHT DUTY: WHAT IT MEANS
Light Duty Return to Work
by: Jodi Ginsberg
What you should know about returning to work on light duty: The importance of the WC-240 form
If you’re receiving worker’s compensation benefits and you receive a light duty release to go back to work, should you go back to work?
This is a very important question, and so many of my clients seek out my help on this very issue. Unfortunately, many of my clients ask me about this after it’s too late and they have already returned to work without taking proper steps!
When you are receiving weekly benefits checks, or temporary total disability (TTD) checks, your treating doctor may issue a statement which says you can return to work on “light duty.” Well, before doing so, you need to be aware of some things. First, before returning to work, you need to obtain and complete what is known as a WC-240 form. The WC-240 form is a form sent to you by the workers’ comp insurance company which specifically outlines the type of work you are returning to, the light duty restrictions, the pay rate, the supervisor, and the time and date of your return. Failure to complete this form can have a negative impact on your workers’ comp case. In some cases, without returning that form, your benefits can stop and you might never receive them again until you return to court, perhaps three months later! This usually happens when you return to light duty work without the form and then are unable to do the job and have to stop.
On the other hand, if you have the WC-240 Form and you make an attempt to return to light duty work at the particular job that is set forth in the WC-240 Form - BUT you are unable to do that job - then you can indeed get your TTD benefits reinstated without having to go back to court three months later. You have to attempt the job on the day you are supposed to return to work per the WC-240, and you have up to 14 days to try that job out. If there is difficulty, let’s say if your pain escalates, if you hurt yourself again, etc., then you must report that to your supervisor, call your attorney, and call your doctor and return to his or her office. At that point, your attorney will be calling the insurance company to let them know that you’ve made the attempt to return to work, you cannot do so, and your temporary total disability benefits must be reinstated at once. It is very, very important to know your rights.
In conclusion, you should never go back to a light duty job without that WC-240!
This applies as long as you have been receiving temporary total disability checks initially (i.e. before returning to work). However, if you’ve never been receiving temporary total disability checks and you were on a no-work status or a light duty status before choosing to go back to work, then this doesn’t apply. It is only applicable when you were initially receiving TTD and then go back to work on light duty when you need to do the WC-240. In this case, if you fail to go back to work with a WC-240 Form, that could have a very detrimental effect on your case.
TRUST YOUR LAW CASE TO OUR EXPERIENCED OFFICE. CONTACT US FOR A FREE CASE EVALUATION.
Serving, Oakland Sacramento Burlingame Los Angeles Modesto Fresno Phone/Text: 559 320 7028
Denied claim?
Chronic pain from a back strain?
Bullied at work?
Discriminated at work?
Co-workers unfairly targeting you?
Panic, PTSD, Heart issues due to unreasonable work stress, unfair employment practices, and overwork?
CALL/TEXT NOW. 559 320 7028
Serving all of California, including Los Angeles, San Francisco, Central Valley, Fresno, Bakersfield. 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 Law we are skilled at helping people like you obtain the workers' compensation benefits they need and deserve. Contact us today to speak with an experienced workers' compensation attorney.
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CHRONIC PAIN FROM REPETITIVE STRAIN FROM AN OLD WORK INJURY? CONTACT FOR FREE EVALUATIONCall/Text 559-320-7028l: jol...
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Call/text legal questions to 559-320-7028 for immediate answers! No Charge! Email: jolleysmith1@gmail.com I njured on the Job? Do you need... -
I njured on the Frontline? You Deserve Compensation! Healthcare heroes, we've got your back! If you're a dedicated healthcare ... -
CHRONIC PAIN FROM REPETITIVE STRAIN FROM AN OLD WORK INJURY? CONTACT FOR FREE EVALUATIONCall/Text 559-320-7028l: jol...