Cramer and Martinez

Free Consultation408-848-1113

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

Gilroy, CA workers compensation lawyerIf you were hurt in a car crash while you were driving for your job, you may have questions about who will pay for your injuries, especially if you have to miss work for any length of time. In most cases, you will probably qualify for workers' compensation benefits, which can help cover your medical costs and a percentage of your lost wages. The good news is that you might have other options for collecting additional compensation.

Steps to Take

The first thing you should do after a car accident is to seek medical attention, even if you do not think you were seriously hurt. After all, some injuries, such as whiplash, may not be immediately apparent. Once you have been seen by a doctor and have a diagnosis of your injuries, you can start the process of filing a workers' compensation claim.

To begin your claim, you will also need to report the accident and your injuries to your employer. If your employer carries workers' compensation insurance, then you should be covered for your medical expenses and a portion of your lost wages. All employers in California are required by law to have this type of coverage, so if yours does not, you may have grounds to file a lawsuit directly against the company for whom you work.


Gilroy, CA workers' compensation lawyerIn the state of California, workers’ compensation benefits are intended to help workers who have been hurt on the job get their medical bills paid and receive payment for lost wages. The workers’ compensation system is not based on fault. You can often get workers’ compensation benefits even if your own negligence led to your injuries. You are not able to sue your employer for work injuries in most cases. 

Before you can receive workers’ compensation benefits, you will need to prove you are a covered employee under California law and that you were injured in the course of your job. You will also need to demonstrate the extent of your injuries.

Are You Covered?

The law, in most cases, will assume that you are covered by the workers’ compensation system. Workers’ compensation generally only applies to employees. If your employer believes you are an independent contractor instead of an employee, your employer will need to prove that you are not an employee. In such a case, you may need to show why you believe you are an employee.


California workers' compensation lawyerRadiation is a form of energy that travels through space in waves. The sun, for example, produces massive amounts of radiation in the form of heat and light upon which we rely for our very existence. Similarly, a microwave oven uses radiation to agitate water molecules in food, which, in turn, heats the food, leaving it perfectly safe to eat. Even the music you hear coming from the speakers in your car is being transmitted to your ear as radio waves—yet another form of radiation. Some kinds of radiation, however, are not quite so benign, and they have the power to cause injury and even death.

Every day, thousands of workers in hundreds of different jobs are exposed to various types of radiation in the course of their work. If you have been exposed to unsafe levels of radiation and you have suffered illness or injury as a result, you may be entitled to collect workers’ compensation benefits.

Recognizing Harmful Forms of Radiation

When most people think of harmful radiation, they tend to think of “ionizing” radiation. Ionizing radiation is a type of radiation that carries enough energy to ionize atoms, which can destabilize molecules within the body’s cells and cause tissue damage. Beta particle radiation, x-rays, and gamma rays are particularly dangerous types of ionizing radiation.


Gilroy workers' compensation lawyerIt almost goes without saying that workplace injuries can happen in any industry. However, some professionals are more likely to experience an injury than others. For example, the construction industry is well known for its high rate of work injuries and fatalities. There is also another high-risk industry – the healthcare field—but it does not receive the same amount of attention as it should. Perhaps this is due, in part, to the reduced risk of immediate fatality from an injury. Whatever the reason for the lack of discussion may be, injuries in the healthcare field deserve to be talked about.

Nurses Are Especially Prone to Back Injuries

On any given day, a nurse can cumulatively lift thousands of pounds. They must move patients and may even be required to help a person up that has passed out or fallen. Rarely is there equipment nearby to help – and even when there is, the situation may be too emergent to wait for the machinery to do its job. So, nurses lift. They bend. They lift and bend, all at the same time. Good body mechanics can help, but it is far from fail-proof.

Long-term work as a nurse, and years of lifting and transferring patients, can take a toll on the muscles and structures of the back. A sudden slip of a patient while transferring can suddenly pull a nurse in the wrong direction. Add all of that to several hours (often 12 or more) of walking and standing, and it is no wonder that back injuries are among the most common injuries for nurses.


Gilroy workers' compensation lawyerEvery year, nearly three million American workers are hurt on the job. These injuries cost U.S. companies tens of billions of dollars in reduced productivity, to say nothing of the costs related to treating the injured workers and helping them recover. With this in mind, the workers’ compensation system was developed to help ensure that injured employees receive financial benefits to cover their medical expenses, the costs associated with retraining for new jobs, and a percentage of their lost wages. While workers’ compensation benefits are available and suitable for most work injury cases, you might be wondering if you have the ability to sue your employer for additional compensation.

Fault Is Not a Consideration

In California, as in other states, the workers’ compensation program is set up as a no-fault system that affords certain protections for employees in the event that they get hurt at work. As a no-fault system, workers’ compensation benefits are meant to be available without regard to whether an injury is caused by the negligence or actions of the injured employee or the employer. If an injured employee had to prove negligence on the part of the employer in order to collect benefits, far fewer workers’ compensation claims would ever be paid, and thousands of injured employees would be left without much hope of collecting anything. 

Consider this example: Your job requires you to reach an item on a high shelf, so you find a ladder that is well-maintained and in good condition. While you are on the ladder, you twist your body to reach the item. You fall off the ladder and are injured. Your employer did not do anything or allow anything to happen that would be considered negligent. But under the California workers’ compensation system, fault is not a factor, so you could still file a claim for workers’ compensation benefits.

Back to Top