Cramer and Martinez

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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: 


b2ap3_thumbnail_work-truck-vehicle-accident-liability.jpgDetermining liability after a car accident can be tricky - even trickier if the accident was work-related. As a general rule, if you were actively carrying out a work-related task, you can probably use Workers’ Compensation to recover damages. However, depending on what happened, there could be a liable third party you could pursue compensation from. A number of circumstances and factors can affect liability when an auto accident is work-related. In some cases, you may have multiple options. If you were hurt in a car accident at work, you will probably need to contact an attorney who can assess your case and determine how best to go about getting you compensated. 

What If I Get in an Accident on My Commute?

If you were merely commuting to or from work, you were probably not on the job for purposes of getting Workers’ Compensation. This does not mean you are out of luck - you will just need to pursue compensation from the responsible driver or their insurance company. The same applies to accidents that occur while you are on break. 

There is an exception to this rule. If you were driving a company vehicle and your accident was caused by a vehicle defect, then you may be able to pursue Workers’ Compensation. 


San Jose workers' compensation attorneyThe Occupational Safety and Health Administration (OSHA) sets out safety standards for a good reason. Without these federal standards in place, quite a few more workers would be trying to do their jobs in an unsafe environment. OSHA standards exist to force employers to take employee safety seriously and put measures in place to minimize the occurrence of workplace injuries. However, there are some employers who still stubbornly refuse to comply with OSHA’s safety requirements. When a violation occurs, everyone on the job site could be at risk.

Each year, OSHA publishes a list of the most commonly cited safety violations. Sadly, these violations are often not discovered until someone gets hurt and needs workers’ compensation. Note that you do not need to prove that your employer was at fault or in violation of a safety law to receive workers’ compensation. However, a violation does increase the chances that an injury will occur. Any time you suffer a workplace injury, the smart move is to immediately contact an attorney. 

What Are the Most Common Categories of OSHA Violations?

While it is possible to get hurt at work even when all safety procedures are correctly followed, injuries are more likely to occur when they are not. Some of the most common types of safety violations include: 


California workers comp attorneyNo one wants to end up in a position where they need to rely on Workers’ Compensation. You would almost certainly prefer that the workplace accident or incident that left you injured had never happened. Being sidelined due to a workplace injury can bring a lot of new anxieties and struggles into your life. On top of trying to recover physically and emotionally, you are probably worried about recovering financially as well. The expenses associated with a workplace injury can add up very quickly when you stop to think about it. The good news here is that Workers’ Compensation should cover most if not all of your expenses related to the accident - including future costs you may not even be thinking about yet. A Workers’ Compensation attorney can help you come up with a complete list of your accident-related costs that could be compensable. 

Compensable Expenses After a Workplace Accident

Generally speaking, just about any expense or loss you incur as a result of your workplace injury should be compensable. It is important to have an attorney help you take a thorough accounting of your costs related to the accident. You probably know that your current medical bills and some lost wages can be recovered, but you could also be compensated for: 

  • Future medical care - Rarely can a major workplace injury be treated in just one trip to the ER or Urgent Care. You may not have a complete understanding of what kind of medical care you will need going forward yet. In some cases, you will need to wait and see if an injury improves with conservative treatment before more drastic interventions like surgery are decided on. 
  • Job training - If you will not be able to return to the job you had due to your injuries, but you are not totally disabled, you could potentially receive funding to help pay for vocational training or education that can help you start a new career. 
  • Disability - Whether you are permanently, temporarily, partially, or totally disabled, you can receive compensation for your lost present and future earnings due to the disability. An attorney can help you calculate the amount of income you would have earned going forward before and after the accident. 

These are just a few costs and losses you could be compensated for through workers’ compensation. Make sure that you speak to an attorney before you consider accepting a settlement offer. 

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