Cramer and Martinez

Free Consultation408-848-1113

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

b2ap3_thumbnail_private-investigator-work-comp.jpgIn our last blog post, we discussed the role of a Workers’ Compensation investigator. These private investigators are assigned to Workers’ Compensation recipients who have been out of work. Their job is to verify that the recipient appears to have the injury they claim and the physical limitations they claim. Just because one of these investigators has been assigned to your case does not mean that anyone necessarily thinks that you are faking. That said, if you suspect that a Workers’ Compensation investigator is following you, there are a few steps that you can take to protect yourself. One of the first steps you should take is to contact an attorney who can offer you more specific advice that pertains to your individual situation. 

Know the Signs of Being Under Surveillance

You may notice signs if a Workers’ Compensation investigator is watching you. Look for vehicles you do not recognize sitting parked on your home street near your house, especially if the vehicle is occupied. If you notice the same vehicle while you are out and about, it is likely that you are being watched. While driving, try making three right or three left turns. If the same car is still behind you, you are very likely being followed. 

Also, try to pay closer attention to the strangers you see out in public. If you see the same individual repeatedly in multiple locations while you are out of work on Workers’ Compensation, it could be an investigator. 

...

Gilroy workers compensation lawyerIf workplace injuries are more common in your line of work, you have probably heard the horror stories. Someone else in your industry got hurt at work, filed a Workers’ Compensation claim, and was awarded temporary disability pay. Then, some private investigator jumped out of the bushes in front of his house, snapped a picture of him doing something innocuous like sweeping his porch, and suddenly his claim has been denied. There is some truth—as well as some misleading implications—in stories like this.

While a Workers’ Compensation investigator may be assigned to your case, your claim is not likely to be denied unless you are seen doing something that your injury should prevent you from doing. If you suspect that one of these investigators has been assigned to your case, it is important that you speak with a lawyer right away and follow their instructions. 

The Role of a Workers’ Compensation Investigator

The goal of these investigators is to identify fraudulent claims. While the vast majority of workers who file a claim through Workers’ Compensation are perfectly legitimate, there are some people who try to take advantage of the system by claiming that they cannot work when they could. 

...

California workers compensation lawyerWorkplace violence is a nationwide problem. Anyone in any line of work could experience an assault while on the job. In the last few years, health care workers have been particularly vulnerable to being attacked by patients or their family members. Some lines of work may inherently involve some level of violence - for example, if you are a bouncer at a nightclub then it is far more likely that you may be injured intentionally while working. In other lines of work, assaults are far less likely but do still happen. The good news is that if you were attacked while working, you are likely eligible to receive Workers’ Compensation. Depending on who the assailant was, you may also have additional options for pursuing a claim. 

Getting Workers’ Compensation After Experiencing Workplace Violence

No one should be attacked while they are trying to do their jobs. Even if you were not seriously injured physically, you may still have suffered a significant emotional injury. Being assaulted can be traumatic for anyone. The costs associated with a workplace assault are likely to involve both medical treatment and counseling or therapy. 

Whether the injuries you sustained in your workplace were caused by an accident or by an assault, Workers’ Compensation is most likely available. You will need to show that you were working when the attack happened. This means that you must have been actively engaged in your job duties or on the clock at the time you were attacked. If the assault happened while you were working, it does not matter whether the assailant was someone you work with or a third party. 

...

California workers comp lawyersFor as straightforward as Workers’ Compensation may seem, actually receiving it can become quite a challenge. Workers’ Compensation is a type of insurance program for employers, designed to help cover expenses when someone gets hurt on the job. Workplace injuries can happen to anyone, whether you work on a construction site, in a medical facility, or at a desk. One fact that often surprises injured workers is that they do not need to prove that their employer was at fault for the accident. Even if an employer follows the correct safety protocols for the type of work being performed, injuries can still occur. This is why you are not required to show that your employer was negligent in any way. 

However, there are a few things that you do need to prove before you can collect Workers’ Compensation benefits. Our lawyers will help you begin collecting the evidence you may need right away, so it is important to call us as soon as you can after a workplace accident. 

What You Need to Prove in a California Workers' Compensation Case

In order to be eligible for Workers’ Compensation in California, you must be able to show that you were: 

...

Gilroy workers' comp attorneyMore and more people are doing the bulk of their shopping online rather than in a brick-and-mortar retail store. This has resulted in warehouses and order fulfillment centers popping up everywhere. These centers can employ hundreds of people and often have high turnover rates. A high percentage of warehouse employees are new to the job and may not have received adequate training in safety practices.

Anyone who has spent time working in a warehouse or order fulfillment center can tell you that safety training is essential when you are working in an enormous building filled with rows of products stacked to the ceiling. It is no surprise that workplace injuries are not uncommon in these locations. If you are injured on the job, you are likely entitled to financial help through Workers’ Compensation. An attorney can help make sure that you receive the full amount of compensation you deserve. 

What Are Some Common Causes of Injuries in Order Fulfillment Centers?

Accidents that occur in order fulfillment centers tend to fall into one of a few categories, including: 

...
Back to Top