Cramer and Martinez

Free Consultation408-848-1113

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

Santa Clara County workers' compensation lawyerAn employee who suffers a work-related injury or illnesses is likely to be entitled to financial compensation through their employer's workers' compensation insurer. The injured person may be eligible for benefits to cover medical expenses such as hospital care and medication, as well as part of their lost income and other considerations.

Unfortunately, recovering compensation through workers' compensation is not always straightforward. Many different issues may complicate the process. Employers and workers’ compensation insurance companies may attempt to reduce or eliminate the employee's workers' compensation benefits. Sometimes, insurance companies even conduct surveillance on injured employees, ostensibly hoping to prove that the employee is not as injured as they claim to be.

Workers' Compensation Surveillance Tactics

Insurance companies seek to minimize payouts to injured employees whenever possible. One way insurance companies may try to get out of paying workers' compensation benefits is to challenge the validity or extent of the employee's injuries. The insurer may conduct surveillance of the injured person in an effort to "catch" the employee acting in ways that suggest their injuries are fabricated or exaggerated.

...

Gilroy, CA workers' compensation lawyerIn an average year, some two-and-a-half million American workers suffer a work-related injury or illness. Many are fortunate to sustain relatively minor injuries and can go back to work quickly. Others, however, suffer much more serious injuries, including spine and head injuries, which cause them to miss work for long periods of time. In the most severe cases, the injuries can be catastrophic, leading to permanent disability or even death. Regardless of the severity of the injury, all injured workers need to know how to ensure their rights are protected as they seek compensation for their injuries—especially if they are seeking benefits under the California workers’ compensation system.

Report Your Injury Quickly

When you suffer an injury at work, you should report the injury to your employer right away or as soon as reasonably possible. You must report your injury within 30 days, or you risk losing your eligibility for work compensation benefits. Your injury must be reported so that your employer can conduct a proper investigation into the circumstances. Do not risk losing your benefits. Report your injury to your employer immediately.

Keep a Copy of All Your Records

Nobody likes extra paperwork, but the documentation showing the nature, extent, and treatment of your injury will be critical in getting you the benefits you deserve. Get and keep a copy of your initial injury report as well as any records that are available from your treating doctors and facilities. These records are especially important if you are seeking disability benefits or if your employer is disputing your claim in any way. By having your own copies of your records, you ensure that you and your lawyer have access to everything you need to pursue compensation.

...

Gilroy, CA workers' compensation lawyerOver the last few years, more and more employers have embraced the idea of allowing their employees to work from home. What started as a necessity during the COVID-19 crisis and subsequent lockdowns has become a new normal for many companies in California and around the country.

But what happens when an employee who works from home gets injured while on the clock? Is that person still eligible to collect workers' compensation benefits? If it is possible to get benefits, will being a work-from-home employee complicate the case? The answers to these questions, as with most legal concerns, depend on the specifics of the situation.

Working From Home Makes Your Home Your Workplace

The first thing to understand is that, if you are injured while working from home, your home is considered your workplace. That means that the same rules and regulations that apply to traditional workplaces also apply to work-from-home setups.

...

Gilroy, CA workers' compensation lawyerEvery year, thousands of workers are killed on the job in the United States. The vast majority of these deaths are preventable if the right safety precautions are taken. Today, we will discuss the "Fatal Four" workplace dangers that account for the largest percentage of worker fatalities each year. If you want to keep yourself and your loved ones safe, it is important to be aware of these dangers and take steps to protect yourself from them.

The Fatal Four

The construction industry is among the most dangerous industries for workers, accounting for about 1,000 workplace fatalities per year in this country. On average, about 60% of these fatalities are attributed to just four specific dangers that the Occupational Safety and Health Administration (OSHA) has labeled as the “Fatal Four.” The Fatal Four include the following:

Fatal Four Danger #1: Falls From Heights

The first of the Fatal Four is falls. Falls from heights are one of the most common causes of workplace fatalities, accounting for over 350 deaths each year. If you work in a job that involves any kind of height, it is important to wear the proper safety equipment and to follow all safety procedures. Even if you simply use a ladder occasionally in the course of your job, you should be aware of the potential for falls at your workplace and take the appropriate precautions.

...

Gilroy, CA workers' compensation lawyerMany people are under the false impression that they cannot collect workers' compensation benefits if they had a pre-existing condition before being injured at work. The good news is that this is not entirely true. If you have been injured at work, you may be entitled to workers' compensation benefits, regardless of whether you had a pre-existing condition. In fact, if you aggravated a previous injury while on the job, a qualified workers’ compensation attorney can help you get the benefits to which you are likely entitled under the law.

What is a Pre-Existing Condition?

For the purposes of this discussion on workers’ compensation, a pre-existing condition is a medical condition that you had before you were injured at work. It is important to note that a pre-existing condition does not have to be permanently disabling in order to be covered by workers' compensation. Even if your pre-existing condition was only temporary or minor, you may still be able to collect benefits if your workplace injury aggravated or worsened the condition.

How Does This Work?

Consider a scenario, for example, in which you sprained your ankle at work. You may have had a previous ankle injury that had healed before you started your current job. Your prior injury might have required physical therapy or even surgery to address. However, because of the new injury, the old injury was aggravated, and you are now unable to walk without pain. In a case like this, you would likely be eligible for workers' compensation benefits even though you had a pre-existing condition.

...
Back to Top