Serious & Willful Misconduct

Serious & Willful Misconduct

With over 20 years experience representing injured workers, we realize that navigating the workers' compensation process can often feel confusing, intimidating and emotionally overwhelming. At Cramer & Martinez, LLP, we work with our clients by providing exceptional legal representation and outstanding personal support at every phase of your case. We are dedicated to recovering benefit payments and other compensation in the most direct, timely and effective way possible. Our team of highly skilled attorneys looks forward to answering your questions and addressing your particular workers' comp needs in all aspects of workers' compensation:

  • What is workers' compensation: Workers' compensation is a state-run program requiring employers to carry an insurance policy that covers employees for accidental work-related injuries. So, as an employee, if you have suffered a work-related injury or illness, then by law your employer is required to pay for workers' compensation benefits. The injury or illness can be related to a single event or repeated on-the-job exposure. Regardless, the key is that the injury or illness is specifically caused by your job. It is important to discuss your particular case with an experienced workers' compensation lawyer in Morgan Hill and surrounding areas who understands California workers' compensation law and the workplace hazards of South County occupations and industries. For additional information on workers' comp insurance, please see the following links: Information about California Laws and Information about California State Disability.
  • Why an attorney should handle my case: Workers' comp claims can be quite complex and technical, so it is extremely beneficial to have a qualified attorney represent your interests, preferably someone experienced with the process in the State of California like you will find at Cramer & Martinez, LLP. Among many other benefits, attorneys protect your rights, plan strategy, represent you at hearings and appeals, advise you of additional claims, and manage deadlines to make sure you do not miss out on any benefits to which you may be entitled.
  • Employer defenses and challenges to paying workers' comp benefits: Employers may refuse to pay benefits in certain situations, including when they believe the injury to be unrelated to work or arise from an employee's violation of company safety rules; when the amount of benefits being claimed exceeds what is believed to be justified under the circumstances; and when required employee filings and other notice requirements were not satisfied. Strong, effective advocacy from an experienced attorney is necessary to prevail against employer defenses and challenges to your claim.
  • Workplace Accidents and Injuries: Workers' compensation covers a wide range of work-related injuries and illnesses, whether related to a single event or repeated exposure.
  • Serious and Willful Misconduct: If it is proven that an employer has caused injury to a worker through its serious and willful misconduct, the injured worker can recover money damages and increased workers' comp benefits. These claims are often extremely difficult to prove and require experienced legal assistance.
  • Workers' Compensation Discrimination/Retaliation/132a Petitions: An employer is prohibited from unlawfully discriminating against or discharging an injured employee solely on the basis that they have filed workers' comp claims or have expressed an intent to do so. For these violations, employers face stiff penalties including statutory fines, back wages and benefits, and reinstatement. Similar to serious and willful misconduct claims, these cases are also very hard to prove without the help of highly-qualified and experienced workers' compensation lawyers.
  • Workers' Compensation FAQs: To simplify your understanding of workers' comp benefits and the claims process, we have compiled a list of frequently asked questions for your reference.

Discuss Your Case With an Experienced Workers' Comp Lawyer in San Martin, Gilroy, Hollister, and Morgan Hill

If you have suffered an on-the-job injury, it is crucial to take timely and proper action. Contact the law firm of Cramer & Martinez, LLP to schedule a free initial consultation to discuss your rights, responsibilities and the money you may be entitled to. Fraud Warning Any person who makes or causes to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining or denying workers' compensation benefits or payments is guilty of a felony.

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