Cramer and Martinez

Free Consultation408-848-1113

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

Recent Blog Posts

Holding Employers Accountable After Inadequate Training

 Posted on November 14,2023 in Workers' Compensation

Santa Clara Workers Compensation Lawyer

Operating equipment without proper training can lead to devastating workplace accidents. If you were injured using machinery you were never taught to handle safely, your employer may be liable for failing to train you adequately. A California lawyer can help you discover your legal options to demand accountability.

Proving Employer Negligence

California law explicitly requires employers to properly train workers performing hazardous tasks. Operating complex machinery like forklifts, saws, chemicals, or manufacturing equipment warrants thorough hands-on instruction to handle safely. If your employer rushed through training or lacked comprehensive protocols, it constitutes negligence under the law.

To build a strong legal case, document what minimal training was provided versus what safety experts recommend for that equipment. Keep any emails, manuals, or protocols showing their failure to properly train you on machine dangers, personal protective gear, standard operating procedures, and sufficient hands-on practice to prevent accidents. Testimony from seasoned employees also helps reveal what your employer should have taught you but neglected. Concrete evidence of negligence and cost-cutting is crucial.

Continue Reading ››

Proving Your Workplace Slip and Fall was from Hazardous Conditions

 Posted on November 02,2023 in Workers' Compensation

Gilroy workers' compensation lawyerSlip and fall accidents frequently occur in work environments. If you suffered a workplace fall, proving it resulted from unsafe conditions is vital to seek compensation. A California lawyer can help you with different ways to establish the hazardous conditions.

Get All the Evidence That You Can

Take photos of whatever hazardous condition caused the fall, like a wet floor, cluttered hallway, or damaged steps. Get pictures from multiple angles showing the safety issue. Also, take photos of any injuries sustained. As soon as you can, document the scene in writing, too, noting details like poor lighting or lack of warning signs. If you cannot get photos yourself, see if a coworker can for you.

Gather Witness Statements

Talk to coworkers or others who may have seen the fall and ask them to provide written statements. Eyewitness accounts are an important part of your case. Get contact details for each witness so your lawyer can contact them if needed. Statements with signatures and dates are best.

Continue Reading ››

How to Protect Your Rights After a Worksite Injury in CA

 Posted on October 30,2023 in Workers' Compensation

Hollister workers' compensation lawyerSuffering an injury while working at a job site in California can lead to a long road of medical treatment, rehab, and financial uncertainty. If you are already dealing with the aftermath of a workplace accident, it is crucial to take proactive legal steps immediately to protect your rights to fair workers’ compensation benefits. A California lawyer can help you make sure your rights stay protected.

Notify Your Employer Immediately

Inform your manager, supervisor, or HR representative about the worksite injury right away, as required by company policy. Explain in as much detail as possible exactly what happened, who witnessed it, where it occurred, and what time, and formally request the necessary workers’ compensation claim forms from the employer. 

Continue Reading ››

How to File a Workers’ Comp Claim After a Workplace Accident

 Posted on October 24,2023 in Workers' Compensation


Sustaining an injury or illness on the job can derail your life. You are dealing with health issues and navigating California’s confusing workers’ compensation system. You can take steps to protect your rights and get the benefits you need. A California lawyer can help you through the process.

Seeking Medical Care Right Away

If you get hurt at work, your priority is immediate medical help. Even if it seems minor, getting checked out creates a paper trail and prevents your condition from worsening later.

Reporting Your Injury Properly

According to California law, you must inform your employer about the accident in writing within 30 days. Telling supervisors or filing an internal report is not enough. Your notice must include key details like your name, injury description, how it happened, and the exact date. This triggers the claims process.

Continue Reading ››

Seeking Compensation After a Disfiguring Equipment Injury

 Posted on October 24,2023 in Workers' Compensation


Getting seriously hurt because of faulty equipment can change your life in an instant. You can be left with permanent disfigurements, huge medical bills, and no way to earn income. On top of that, you are dealing with devastating emotional pain and distress. It can be a nightmare, but you do not have to go through it alone

A California attorney can help you take action and fight to recover the compensation you deserve. Justice will not make you whole again, but it can lift some of the burden during your recovery.

Understand Liability Laws and Parties Responsible

Securing compensation starts with identifying negligent parties who may be held legally and financially responsible. Product liability cases can target equipment manufacturers when design defects, assembly flaws, or missing safety warnings are uncovered. For on-site accidents, building owners, operators, rental companies, or maintenance providers could share liability if found neglecting duties. For workplace accidents, employers may share responsibility if they ignore safety codes and protocols.

Continue Reading ››

Securing Maximum Benefits After Equipment Accidents at Work

 Posted on October 13,2023 in Workers' Compensation

Gilroy workers' compensation lawyerFor many California workers, interacting with heavy equipment, machinery, and power tools is an everyday occupational hazard. Construction crews, manufacturing plant employees, agriculture fieldworkers, and workers across industries inevitably operate high-risk equipment as a core job duty. 

When an equipment-related accident occurs at a California workplace, catastrophic injuries often follow instantly, ranging from severe lacerations and crushing injuries to amputations and fatalities. Working with a California lawyer is important to help navigate what to do next.

The Risks of Operating Hazardous Machinery

Working with heavy equipment, machinery, and power tools creates significant risks of injury for employees. Common dangers include:

Which Pre-existing Conditions Are Easiest to Reaggravate at Work?

 Posted on September 28,2023 in Workers' Compensation

Morgan Hill, CA workers' compensation lawyerWorkplace injuries and accidents can have a tremendous impact on an employee’s health and well-being. When a pre-existing condition is aggravated at work, meaning when it is made worse, it can lead to complex and important legal questions regarding workers’ compensation benefits. If you have reaggravated a pre-existing condition while at work and are seeking workers’ compensation, contact a qualified lawyer to get the legal guidance you need and deserve. 

Conditions That Are Most Susceptible to Reaggravating 

In California, here is a list of pre-existing medical conditions that can be reaggravated at work, including:

Continue Reading ››

What Causes Foot Injuries at California Construction Sites? 

 Posted on September 20,2023 in Uncategorized

Hollister Construction Accident LawyerConstruction sites are known for their inherent risks, and foot injuries are unfortunately common occurrences in California’s construction industry. Understanding the causes of these injuries is crucial for both workers and employers to implement preventive measures and ensure worker safety. But all too often, even when safety measures are in place, foot injuries can still occur. If you are dealing with a work-related foot injury, contact a lawyer in California to begin the process of pursuing workers’ compensation benefits.  

Four Causes of Work-Related Foot Injuries

  1. Falling objects – One of the leading causes of foot injuries at construction sites is the risk of falling objects. Construction sites are often bustling with activity, and tools, equipment, or debris may inadvertently fall from heights, posing a significant hazard to workers’ feet. Employers must enforce strict protocols, including the use of toe protection, and ensure that materials and equipment are properly secured. Regular inspections and hazard assessments can help identify potential risks and prevent accidents. 

    Continue Reading ››

What Is a Work-Related Repetitive Stress Injury?

 Posted on September 13,2023 in Workers' Compensation

CA injury lawyerWork-related repetitive stress injuries (RSIs) are increasingly common in today’s fast-paced work environment. Repetitive stress injuries are conditions that occur due to repetitive or forceful movements, vibrations, or sustained postures. These injuries can significantly impact a person’s well-being and work productivity. If you are a member of the workforce in California, it is crucial to understand what RSIs are, how they occur, and the legal implications surrounding these injuries. And remember, if you are experiencing a work-related RSI, contact a lawyer to understand your options. 

Further Defining Repetitive Stress Injuries

RSIs frequently affect the musculoskeletal system, causing pain, inflammation, and limited mobility. Common types of RSIs include carpal tunnel syndrome, tendonitis, bursitis, and tennis elbow. RSIs can develop gradually over time, and the severity may vary depending on the nature of the work and ergonomic factors.

Continue Reading ››

Injuries Which May Qualify for Temporary Disability Benefits

 Posted on September 13,2023 in Types of Benefits

CA injury lawyerTemporary disability benefits are a form of workers’ compensation designed to provide financial assistance to individuals who are unable to work due to a temporary injury or illness. In California and other states, these benefits aim to replace a portion of the individual’s lost wages during their recovery period. If you believe you may qualify for temporary disability benefits, contact an experienced lawyer to assist you in pursuing the compensation you may be entitled to. 

Fractures and Broken Bones

These are common injuries that can result from various accidents, such as falls, car accidents, or workplace accidents. These injuries can require immobilization, surgeries, and extensive rehab. Individuals who sustain fractures or broken bones that significantly impact their ability to work may be eligible for temporary disability benefits until they recover and can return to their regular work duties.

Continue Reading ››

Back to Top