Cramer and Martinez

Free Consultation408-848-1113

7459 Monterey St., Suite A, Gilroy, CA 95020

Hollister Workers' Compensation Attorney

Hollister CA workers' compensation law firm

Lawyers Serving Employees With Workplace Injuries and Illnesses in San Benito County

Work-related injuries and illnesses affect millions of Americans each year, resulting in medical expenses, missed time at work, and other complications. If you have been injured at work, it can be hard to cope with the aftermath, but it is important to know that you have a right to workers' compensation benefits thanks to a California law that requires all employers to have coverage.

At Cramer & Martinez, LLP, we have more than 20 years of experience representing injured workers in Hollister, San Benito County, and the surrounding areas. We will help you understand the benefits you are entitled to under California law and follow the necessary process to receive them, and we are prepared to support and represent you throughout any obstacles you may face.

Is Your Injury Covered By Workers' Compensation?

One of the positives of California workers' compensation law is that you do not need to demonstrate your employer's negligence in order to receive benefits for your work-related injuries. In most cases, benefits are available regardless of who is at fault, as long as your injury happens at work or as a result of your job responsibilities.

Workers' compensation also covers many different types of injuries. Some of the most common can be categorized as follows:

  • Immediate injuries: Many work-related injuries are caused by a single event. This could be a moment of physical exertion, like injuring a muscle or ligament while lifting a heavy object, or a work-related accident like a fall, a car crash, or a mishap involving heavy machinery. Immediate injuries can sometimes be catastrophic, or even fatal.
  • Repetitive stress injuries: It is also common for employees to develop injuries over time due to their repetitive job tasks. Repetitive stress injuries (RSIs) often affect the back, knees, shoulders, and other joints. Some employees also work in environments with hazards that can lead to degenerative hearing and vision loss.
  • Aggravation of pre-existing conditions: If your current job reactivates or exacerbates an injury or condition from a previous job or factors unrelated to your work, you can pursue workers' compensation for this new, work-related injury.
  • Occupational diseases: Workers' compensation covers many types of illnesses contracted at work. Common examples include conditions related to exposure to chemicals and other hazardous materials and contagious diseases like COVID-19.

The Process of Obtaining Benefits

No matter what kind of injury or illness you have suffered, it is important to begin the process of pursuing workers' compensation benefits as soon as possible. We will advise you on the steps you should take, which begin with bringing the injury to your employer's attention as soon as possible after the day you are injured or the day you become aware of your condition. Next, you should submit a claim form so that your employer's claims administrator can review your eligibility for benefits.

You may find that your initial claim is accepted, guaranteeing that your employer will cover the costs of your medical care. As your treatment continues and your primary treating physician begins to understand your condition, you may be eligible for other benefits as well, including:

  • Temporary disability (TD) benefits: TD benefits may apply if your doctor determines that you will be unable to return to work for more than three days, or that your work abilities will be limited during your recovery. These benefits usually cover two-thirds of any wages you lose during this time.
  • Permanent disability (PD) benefits: PD benefits apply if your doctor determines that you have reached maximum medical improvement and you still have limitations on your work abilities. In this case, the claims administrator will assign a rating based on the extent of your limitations, and this rating will determine the benefits you receive.
  • Supplemental Job Displacement Benefits (SJDB): Along with PD benefits, you may also be granted an SJDB voucher if your employer does not offer you work that you can perform. This voucher assists with expenses related to education and training as you look for a new position.

We can represent you in any disputes or disagreements surrounding these benefits. We can also help if your initial claim is denied, in which case you will need to petition for an appeal and prepare for a hearing with a judge. We will represent you at this hearing, and at any subsequent settlement conference or trial that is necessary to resolve your case.

Contact a Hollister, CA Workers' Comp Lawyer

If you are in need of an attorney to assist with your workers' compensation claim or appeal, contact us today at 408-848-1113. We will start with a free consultation and help you determine the best way to proceed from there. We serve clients in Hollister and throughout San Benito County, Santa Clara County, and the surrounding areas.

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