Cramer and Martinez

Free Consultation408-848-1113

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

Recent Blog Posts

What Not to Say to a Workers' Comp Doctor

 Posted on December 30,2020 in Workers' Compensation

Photo of a Doctor and Patient talking about a workers Comp InjuryAfter suffering a workplace injury, you should visit your primary physician. If you need to file a workers' comp claim, your physician's notes will serve as documentation of your injuries. Sometimes, however, an independent medical examination is also required. An IME is usually requested by your employer's insurance company to confirm your primary physician's diagnosis. In either case, what you say to your workers' comp doctor can make or break your claim. Your statements will make it into the doctor's notes that will be later assessed as part of your claim. Our Hollister workers' compensation attorneys outline common mistakes to avoid below.

Common Mistakes to Avoid When Speaking With a Workers Comp Doctor

  • Exaggerating your injuries. Your doctor needs to know the nature and extent of your injuries in order to treat them effectively. This cannot happen if you exaggerate, or even downplay, your condition. Further, if your doctor has doubts about the severity of your condition, they may not sign off on your workers' comp forms. Not only will an exaggeration affect the medical treatment you need, it may also seriously hurt your benefits claim. The best policy in this case should be honesty.

    Continue Reading ››

Are Part-Time Workers Eligible to Receive Workers Compensation in California

 Posted on December 30,2020 in The Workers' Compensation Process in Calfornia

Photo of a Part-time Worker in CaliforniaPart-time workers get injured on the job just like full-time employees. As such, they suffer the same types of expenses and losses. Yet, many part-time workers believe that they cannot collect workers' compensation. Fortunately, this is untrue. In California, part-time workers are eligible to receive workers' compensation benefits. However, there are a few notable exceptions. Thus, it is important to speak to a Gilroy workers' compensation lawyer. He or she can help you understand your rights to compensation after a work-related injury.

Understand How California Workers Compensation Coverage Works

First, it is important to understand how California workers' compensation law protects injured workers and employers. First, employers must provide these benefits to employees who suffer an injury at work. Employees benefit because they do not have to prove liability or wrongdoing to obtain these benefits. The employer benefits by avoiding personal injury lawsuits when workers suffer an injury in their facility. However, there are some rules and requirements for collecting workers' compensation.Additionally, receiving workers' compensation in California is not a guarantee. For example, not all workers can receive benefits through the workers' compensation system, including:

Continue Reading ››

What to Expect During a Workers Compensation Medical Examination

 Posted on December 30,2020 in Workers' Compensation

What to Expect During a Workers Compensation Medical ExaminationIndependent Medical Examinations (IME) are often required for you to attend if you e been injured in a workplace accident. This is a separate examination outside of your examination to your regular treating physician. IMEs are requested by worker compensation insurance providers when there is a disagreement with your treating physician about work-related injuries. This examination is performed by medical professional that will provide their expert opinion on any disputes in your claim.

Before the Exam

Here are some vital tips for preparing for your exam:

  • Know the disputed information. The insurance company will send a report to the IME physician about your report injuries and illness related to the work injury claim. Requesting the letter and reviewing before hand is a good way to ensure you e on the same page with the IME medical professional.
  • Be up to date on your medical history. Make sure that you know your medical history, including surgeries, medications you are taking or any other pre-existing conditions. The IME doctor will inquire about all your medical history. This may help you in your claim disputes.

    Continue Reading ››

Lessen Injury in the Workplace With These Workspace Modifications

 Posted on December 30,2020 in Workers' Compensation

California workers' compensation lawyersAlthough accidents do cause workplace injuries, there are other ways that you can be injured while working. For example, sitting for long hours at a desk and looking at a computer monitor for an extended period can cause bodily harm. Soft tissue injuries, back pain and neck issues are just some of the injuries that can occur after spending too much time in uncomfortable work positions. In addition, repetitive motions can lead to carpal tunnel syndrome, tendinitis and other painful conditions. Fortunately, there are ways that you can lessen injury in the workplace. If you consistently spend long hours at your desk, then you should consider these work space modifications.

Adjusting Your Chair

It is important for your office chair to accommodate your height and posture. Therefore, you should adjust your chair to help you sit properly with both feet on the floor or on a footrest. Also, keep your thighs parallel to the floor to alleviate back pain.

Continue Reading ››

Can I File an Appeal if My California Workers’ Compensation Claim Was Denied?

 Posted on December 24,2020 in The Workers' Compensation Process in Calfornia

California workers' compensation lawyersWorkers’ compensation benefits can help an injured worker pay for medical expenses and other costs related to a work injury. However, filing a workers’ compensation claim and successfully recovering benefits is often more difficult than many workers expect. If your workers’ compensation claim was denied, you may be worried about how you will pay your bills and receive the medical care you need. Fortunately, you may be able to appeal a workers’ compensation denial.

Determining the Reason for Workers’ Compensation Denial

If you or your loved one was denied workers’ compensation after a work accident, you may be confused and unsure as to why the claim was denied. Workers’ compensation claims are denied for many reasons. In some cases, the insurer or employer may simply not have received enough information about the injury to make a proper assessment about workers’ compensation benefits. Mistakes made on the part of the injured worker or the insurer/employer may also lead to delays or denials. Workers’ compensation benefits are contingent on the injured worker meeting specific filing requirements and deadlines. The insurer or employer may also deny you if the way you were injured makes you ineligible for benefits. Injuries that occur while a worker is under the influence of drugs or alcohol, self-inflicted injuries, injuries caused by a preexisting condition, or injuries that are unrelated to work are not typically covered by workers’ compensation. Employers or insurance companies sometimes wrongfully deny workers’ compensation claims.

Continue Reading ››

Back to Top