Cramer and Martinez

Free Consultation408-848-1113

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

Santa Clara County, CA workers' compensation lawyerNo matter the job, no matter the field, California workers’ compensation exists to provide assistance to those who are injured at work. Nearly all employers in the state of California are required to carry workers' compensation insurance, with minor exceptions. If you are hurt on the job, your employer is supposed to report your injury to the Division of Workers’ Compensation (DWC) so your benefits can begin. However, insurers and employers often attempt to deny workers’ compensation claims, even if they have merit. A workers’ compensation lawyer can help you claim your benefits if your employer does not want to cooperate.

Benefits Provided by Workers’ Compensation

To better ensure that you receive benefits in a timely manner, you must report your injury to your employer within 30 days of the accident or at the earliest time possible. The types of benefits you receive will depend on the extent of your injuries.

Workers’ compensation benefits include:


Hollister, CA workers' compensation lawyerDespite the availability of workers’ compensation benefits for those injured on the job, for many injured workers, one of the most pressing concerns is returning to work as soon as possible. Whether this is due to a strong work ethic or a realization that in some cases workers’ compensation benefits may not be enough to fully compensate an employee who is unable to perform his or her job duties, some injured workers’ desire to get back on the jobsite is so strong that they may end up doing more harm than good – both to their workers’ compensation case and to their health.

Your Doctor’s Orders Should Prevail 

In deciding whether to return to work, you should always pay attention to the recommendations of your treating physician. This doctor will be the person in the best position to recommend returning to work or remaining off of work for a few more days. If you believe you are ready to return to work, your doctor may be able to allow you to return to work—provided that you adhere to some limitations or restrictions (in some cases). Returning to work without your doctor’s permission can not only jeopardize your health and safety (and that of your coworkers), but it can also cause difficulties for your workers’ compensation claim and benefits.

What If My Doctor Does Not Want Me to Go Back to Work? 

If you feel ready to return to work but your treating physician will not give their approval, consider obtaining a second opinion from another doctor. Having another doctor’s opinion may convince your treating physician to alter their opinion and permit you to return to work. If this is not an option (or if it is not successful), consider suggesting to your treating physician that he or she permit you to return to work on a “trial” basis. This still allows you to return to work (with or without restrictions) but gives your treating physician the option of ending the trial work period and directing that you obtain additional therapy or treatment if the trial work period does not go well.


Gilroy, CA workers' compensation lawyerAnyone who has ever suffered a back injury knows just how painful these injuries can be. When a work-related incident leads to a back injury, the worker can be left with limited capabilities. Some back injury sufferers are unable to work at all. Back pain is the leading cause of disability across the globe.

Auto accidents, strenuous activities, and repetitive stress are just some of the ways workers can suffer neck and back injuries while on the job. The results of a serious back injury can affect an individual’s life professionally, financially, physically, and psychologically.  

Workplace Accidents and Repetitive Strain Can Lead to Back Injuries

Sometimes, a spine injury is the result of a sudden accident like falling or being involved in a car crash. Other spine injuries are the result of repetitive stress. Sitting in an ill-fitting office chair, standing all day, or carrying heavy objects can lead to repetitive stress back injuries. A serious back injury or neck injury can affect nearly every aspect of a person’s life.


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.

Back to Top