McMonagle Steinberg
The Workers' Compensation Lawyers CERTIFIED SPECIALISTS IN WORKERS' COMPENSATION LAW THE STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATIONOur Sacramento Workers’ Compensation Attorneys will provide you with the best representation for your injury. Our attorneys are Certified Specialists in Workers Compensation Law, recognized by the California Board of Legal Specialization.
As certified specialists, our practice is exclusive to workers compensation. Our focus is on results, and we are here to help.
What is an Industrial Injury
An industrial injury is any injury or disease which is the result of your work — and causes a need for medical treatment, temporary disability or residual disability. An injury can develop over time and is considered cumulative. An aggravation of a pre-existing condition may also constitute an injury.
What Benefits are Provided?
The four basic workers’ compensation benefits are:
1. Medical treatment;
2. Temporary disability indemnity;
3. Permanent disability indemnity; and
4. Return to work voucher
What Do I Do First?
If you have sustained an injury on the job, notify your employer, and ask for a claim form – DWC Form 1. Once you have the form, give us a call and we’ll walk you through it.
Glossary of Terms
Medical Benefits:
All medical, chiropractic, surgical and hospital services, including nursing care, medical supplies, and incidental transportation.
TD/TTD: Temporary Disability:
Benefits payable during a temporary inability to work. Payable at two-third’s (2/3) wages. Capped at 104 weeks.
PD/PPD: Permanent Disability:
Benefits payable for residual disability/impairment/limitations from the effects of the injury. Nature and extent of benefits depend upon the severity of the condition.
Return to Work Voucher:
Rehabilitation voucher that can be used toward education-related training or skill enhancement.
UR: Utilization Review:
Process by which the Employer can object to proposed treatment recommendations. Determinations are made by non-examining physicians. Employee’s appeal rights are limited.
PTP: Primary Treating Physician:
The doctor having overall responsibility for treatment of the work injury. The PTP writes progress reports and makes treatment recommendations.
RFA: Request for Authorization:
A form that the PTP uses to request authorization of treatment from the Employer.
MPN: Medical Provider Network:
A group of physicians set up by the Employer to treat injured workers.
QME: Qualified Medical Examiner:
An evaluating physician
SDI: State Disability Insurance:
Short term disability benefits paid by the Employment Development Department for non-work related injuries/illnesses. Injured workers whose claims are delayed, denied or capped may apply for SDI benefits as well.
SSDI: Social Security Disability Insurance:
Benefits payable by the US Social Security Administration for persons who cannot return to work.
Visit Our Office
McMonagle Steinberg
1851 Heritage Ln # 205
Sacramento, CA 95815
916-568-1160
.
McMonagle Steinberg
1851 Heritage Ln # 205
Sacramento, CA 95815
916-568-1160
.
SUMMARY OF BENEFITS
FIRST, BE SAFE! THERE IS NO SUBSTITUTE FOR PREVENTION. YOUR HEALTH IS YOUR PRIMARY CONCERN. BENEFITS TYPICALLY DO NOT REPLACE LOST WAGES.
MEDICAL TREATMENT
All medical, chiropractic, surgical and hospital services, including nursing care, medical supplies, and incidental transportation. Authorization of disputed treatment is subject to Utilization Review/Independent Medical Review.
PERMANENT DISABILITY INDEMNITY
Benefits payable for residual disability/impairment/limitations from the effects of the injury. Nature and extent of benefits depend upon the severity of the condition.
TEMPORARY DISABILITY INDEMNITY
Benefits payable during a temporary inability to work. Payable at two-third’s (2/3) wages. Capped at 104 weeks.
RETURN TO WORK VOUCHER
If your injury precludes you from returning to your usual and customary occupation, you may be eligible for a rehabilitation voucher to be used towards education-related training or skill ehnancement.
Other benefits include:
DEATH BENEFITS
Benefits payable to surviving dependents when a work injury results in death. A burial expense is also provided. Benefits limited to those deaths occurring within 240 weeks of the date of injury.
132A DISCRIMINATION
Increased compensation payable by the Employer directly for discriminatory acts against an injured worker. A strict one-year statute of limitations applies.
SERIOUS OR WILLFUL MISCONDUCT BENEFITS
Increased compensation payable by the Employer directly for reckless and dangerous conduct – or violation of a Cal-Osha Safety Regulation – which causes the injury. A strict one-year statute of limitations applies.
PENALTIES
Where the Employer has unreasonably refused or delayed benefits, increased compensation on the amount delayed can be awarded. The penalty is calculated at between 10% to 25% of the amount delayed – capped at $10,000.
NO RECOVERY NO FEE
Cases resolve in one of three ways:
1. Findings and Award by the WC Judge. If the parties cannot agree on one or more issues, the WCJ determines the issue(s) after an evidentiary hearing – typically with witness testimony. The parties have appeal rights re the WCJ’s decision.
2. Stipulated Award between the parties. The parties agree on the period of TD, the nature and extent of PD, and whether future medical care is indicated on an ongoing basis. The claim remains open and medical treatment continues. There is a right to reopen the Stipulations within five (5) years of the date of injury – for new and further disability – or a worsening of the condition.
3. Compromise and Release between the parties. This represents a full and final settlement and the Employer is released from further liability in exchange for a lump sum payment. The claim cannot be reopened after a release; and the right to future medical is released. Usually the toughest choice an injured worker faces is whether to keep or sell the right to future medical treatment
IF YOU HAVE A PROLONGED INABILITY TO WORK
1. Check with your employer about possible benefits, such as long-term disability insurance, continuing medical insurance, and the like;
2. Check with the Veterans’ Administration if you are a veteran;
3. Check with your insurance agent to see if your policies have a “waiver of premium” provision if you are unable to work;
4. Check with your bank, savings and loan, or credit union to see if you have disability insurance to cover your mortgage payment and/or car payment if you are disabled;
5. Check with your County welfare office for general assistance, Aid For Dependent Children, food stamps, or Medi-Cal; and
6. Apply for Social Security Disability Insurance Benefits (DIB) and/or Supplemental Security Income (SSI) if you are or will be off work for over one year.
BRIAN MCMONAGLE
Attorney
Working class roots, Scots-Irish heritage, and a healthy sense of social justice informs Brian’s commitment to injured workers. Brian graduated from UC Davis with a B.A. in History; and from the University of Oregon School of Law in 1988. Brian is a certified specialist in workers’ compensation. His practice is exclusively dedicated to representing injured workers before the California WCAB. Member, California Applicants’ Attorneys Association since 1990. Brian’s interests include chaos theory, all-things Glasgow Celtic, all-things Oregon Ducks, and the occasional round of golf.
MARK STEINBERG
Attorney
Mr. Steinberg was born in Canada, and grew up in Sacramento, graduating from Hiram Johnson High School. He graduated from California State University, Sacramento with honors, with a B.S. in Government 1984. He is a 1988 graduate of King Hall, the Law School at University of California, Davis. He is licensed to practice in California and the state of Washington. Past experience includes representing Correctional Officers as a staff counsel for the California Correctional Peace Officers Association. He is a certified specialist in Workers’ Compensation. His practice is exclusively dedicated to representing injured workers before the California Workers’ Compensation Appeals Board, with a special focus on Law Enforcement. Mr. Steinberg’s interests include historical miniature war gaming, reading (military history), and target shooting.
DAVID G.W. BELDEN
Attorney
Mr. Belden graduated from Florida State University in 1973 with a Bachelor’s Degree in Education, and from McGeorge School of Law in 1978 with a Juris Doctor Degree. Since 1979 he has dedicated his practice to injured workers and the disabled. Mr. Belden has handled over a thousand Workers’ Compensation to completion, and attended to hundreds of Social Security hearings. Certified Specialist in Workers’ Compensation Law, 30-year member of the California Applicants’ Attorneys Association. Past experience includes sole private practice, Farrell, Fraulob, and Brown in Sacramento 1996-2010, and joined McMonagle, Steinberg, and Hester in 2010. A Sacramentan since 1975, he once saw Led Zeppelin live, has surfed in a hurricane, and has climbed El Capitan.
From Our Clients
With over 50 years of combined service to Sacramento employees, McMonagle Steinberg has helped thousands of clients with their work comp cases. Here’s what a few of them said recently:
“Brian McMonagle has worked with me on my work comp case for years. He has always been professional, kind and compassionate and he gets the job done and he continues to fight for me! He wants what is best for me. Dealing with workers comp can be a nightmare and he makes it look easy and I appreciate all he does! His staff has always been caring and helpful. I would highly recommend him for your workers compensation needs.“
“As a workers’ compensation benefits/claims administrator I worked 10+ years with Brian McMonagle who represented some of our injured workers. He was professional, competent, and very persistent, and worked hard for his clients through settlement.
Later, as his client, I found Brian all of the above along with his compassion, substantial experience, and being very personable and communicative. I learned to trust his competence, and experience to be more patient until he was certain we had received the employer’s best offer for settlement…thank you Brian McMonagle!“
“Brian McMonagle and his staff have always kept me abreast of all issues related to my workers comp case. Workers comp insurance companies are notorious for continual delays and denials of services requested, etc. Brian takes the time to cut through all the red tape and get everything resolved in a professional manner. Brian remembers details of my case that I have totally forgotten. I would recommend Brian for anyone needing the best. Thank you Brian and Danielle…You are the BEST!“
