Cramer and Martinez

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

Photo of Gilroy Workplace Accident InjuryIf there is a job-related incident that results in an injury to an employee, the event has to be logged under one of the code titles in the Occupational Injury and Illness Classification System, or OIICS. The OIICS is part of the Bureau of Labor Statistics, and it is designed to code the case characteristics of a job-related injury to an employee. Self-inflicted injuries, in relation to workers' compensation, is an injury that a worker does to himself or herself. This injury can be intentional or accidental, but it has its own claim process under workers' compensation regulations.

What Types of Jobs Result in High Amounts of Self-Inflicted Injuries

There are certain types of jobs that have a high risk for self-inflicted injuries. Some of these include:

  • Law enforcement
  • Medical employees
  • Farmers
  • Teachers
  • Salespeople

Some common self-inflicted injuries that can occur from these jobs include cuts, scrapes, broken bones, internal injuries and serious head injuries.


California workers' compensation lawyersWorkers’ compensation benefits can help an injured worker pay for medical expenses and other costs related to a work injury. However, filing a workers’ compensation claim and successfully recovering benefits is often more difficult than many workers expect. If your workers’ compensation claim was denied, you may be worried about how you will pay your bills and receive the medical care you need. Fortunately, you may be able to appeal a workers’ compensation denial.

Determining the Reason for Workers’ Compensation Denial

If you or your loved one was denied workers’ compensation after a work accident, you may be confused and unsure as to why the claim was denied. Workers’ compensation claims are denied for many reasons. In some cases, the insurer or employer may simply not have received enough information about the injury to make a proper assessment about workers’ compensation benefits. Mistakes made on the part of the injured worker or the insurer/employer may also lead to delays or denials. Workers’ compensation benefits are contingent on the injured worker meeting specific filing requirements and deadlines. The insurer or employer may also deny you if the way you were injured makes you ineligible for benefits. Injuries that occur while a worker is under the influence of drugs or alcohol, self-inflicted injuries, injuries caused by a preexisting condition, or injuries that are unrelated to work are not typically covered by workers’ compensation. Employers or insurance companies sometimes wrongfully deny workers’ compensation claims.

Appealing the Decision

If you were denied coverage under California workers’ compensation laws, you have the option of appealing the decision. To do so, you must file a form called a “Declaration of Readiness to Proceed.” You may then attend a hearing with the Worker’ Compensation Appeals Board (WCAB) and argue your case in front of a judge. A workers compensation lawyer can help you fight for the benefits you need. Your lawyer will help you use medical records and other evidence to demonstrate your eligibility for workers’ compensation and represent you during the hearing. If a settlement cannot be achieved, your attorney can also represent you during trial.


Photo of a Part-time Worker in CaliforniaPart-time workers get injured on the job just like full-time employees. As such, they suffer the same types of expenses and losses. Yet, many part-time workers believe that they cannot collect workers' compensation. Fortunately, this is untrue. In California, part-time workers are eligible to receive workers' compensation benefits. However, there are a few notable exceptions. Thus, it is important to speak to a Gilroy workers' compensation lawyer. He or she can help you understand your rights to compensation after a work-related injury.

Understand How California Workers Compensation Coverage Works

First, it is important to understand how California workers' compensation law protects injured workers and employers. First, employers must provide these benefits to employees who suffer an injury at work. Employees benefit because they do not have to prove liability or wrongdoing to obtain these benefits. The employer benefits by avoiding personal injury lawsuits when workers suffer an injury in their facility. However, there are some rules and requirements for collecting workers' compensation.Additionally, receiving workers' compensation in California is not a guarantee. For example, not all workers can receive benefits through the workers' compensation system, including:

  • Sole proprietors with no employees
  • Employer's spouse or children
  • Volunteers
  • Independent contractors

How Can I Determine if I Am a Part-Time Employee or Independent Contractor

Fortunately, part-time and seasonal employees can receive workers' compensation benefits in California. However, you may need help determining if you are a part-time employee or an independent contractor. Essentially, it is up to your employer to decide job classifications. There are no legal guidelines that determine if you are a part-time employee or a full-time employee. However, the Bureau of Labor Statistics (BLS) says that a worker who works under 35 hours a week is considered a part-time employee.Also, as an employee, it is important to understand that businesses and managers do not always play fair. For example, they may attempt to convince part-time workers that they cannot collect workers' compensation benefits after an accident. They may even misclassify an employee and claim that he or she is an independent contractor instead of a part-time employee. When this occurs, injured workers need someone on their side who can fight for their rights.

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