3 Tips to Surviving Your Case from a Workers’ Compensation Attorney

If you have been injured at work, then you are facing an uphill battle. Many injured workers fear retaliation for filing a workers compensation claim or have heard horror stories of protracted battles with the workers compensation insurance company over whether the injured worker still needs treatment or what is the best course of treatment. If you are an injured worker and concerned about surviving your workers compensation claim, consider these tips from a workers’ compensation law firm serving Gilroy, Hollister, San Martin and Morgan Hill. Continue reading 3 Tips to Surviving Your Case from a Workers’ Compensation Attorney

Robbins and Strunk: Workers’ Compensation Attorneys

When it comes to workers’ compensation representation one need look no further than the law office of Robbins, Strunk and Cramer. Serving the Gilroy, Hollister, San Marino and Morgan Hill areas, Robbins, Strunk and Cramer are the premiere work injury law firm for South County California. They fight for their clients to get the benefits they are entitled to.

Since 1992, the attorneys have been representing injured workers in a wide variety of workers’ compensation matters in a wide spectrum of occupations and settings. They have more than 50 years of combined experience. When it comes to workers’ compensation, they are known for obtaining the best possible outcomes on behalf of their clients. They have a reputation for compassion and accomplishment. Continue reading Robbins and Strunk: Workers’ Compensation Attorneys

Workers Compensation Experts

Consult With an Experienced Workers’ Compensation Attorney Today Pursuing Claims in Gilroy, Hollister, Morgan Hill, San Martin and surrounding areas

Injured at work? Having trouble understanding the paperwork? Is your medical treatment being denied or delayed? Discuss your situation with a highly-skilled Workers’ Compensation Attorney at the law firm of Robbins, Strunk & Cramer, and get the legal representation you need to receive the benefits you deserve.
The Robbins, Strunk & Cramer Difference

Since 1992, our distinguished attorneys have successfully represented injured workers in all occupations and workplace settings on a wide variety of workers’ compensation matters serving, Hollister, Morgan Hill, San Martin, Gilroy and surrounding cities. Our impressive record of accomplishment and personalized service has earned us the reputation as the South County’s premiere work injury law firm. With more than 50 years of combined experience, we are committed to helping our clients achieve their goals and compassionately and effectively guide them through every step in the process. Our dedication to excellence, proven results and outstanding client service is unsurpassed, and we look forward to successfully working on your behalf.
Our Full-Service Workers’ Compensation Practice Includes:

Petitions to Reopen
Workplace Accidents
On the Job Car Accidents
Common Workplace Injuries
Construction Site Accidents
Labor Code 132a Petitions
Serious and Willful Misconduct
Exposure to Toxic Substances
Industrial and Manufacturing Accidents
Workers’ Compensation Cases and Appeals

Notary Public Services Offered

Robbins, Strunk & Cramer also provides notary public services for all your notarial needs. Fees are dependent on the signatures and/or document involved. Please call to schedule an appointment for this service.
Discuss Your Case With a Gilroy Attorney Serving San Martin, Hollister and Morgan Hill in Workers’ Compensation Law

If you’ve been injured on the job, please contact the law firm of Robbins, Strunk & Cramer for a free initial consultation either in person or over the phone. Our team of caring and highly experienced attorneys will efficiently evaluate your case, personally answer your questions and confidentially advise you on the most beneficial course of action. We have an office conveniently located in Gilroy and are always available by phone. Give us a call today!

Migrant Farm Workers, Harvest Season, and Workers’ Compensation Benefits

Migrant farm workers, in the United States, suffer morbidity and mortality at much higher rates than the rest of the population. This is mainly due to a combination of hazardous working conditions, the lack of regulations, limited access to health care coverage and services, and poverty. Statistics continue to show that agriculture is one of the most dangerous occupations in the United States. In 2013 there were 23.2 on the job deaths per 100,000 workers as compared to the overall industry standard of 3.3 deaths per 100,000 workers.

In California, the harvest season is rapidly approaching and with that many migrant farm workers will be returning to the agriculture industry for seasonal work. Inevitably, many of these workers will suffer a spectrum of occupational illnesses and injuries including sun and heat exposure, exposure to chemicals and pesticides, falls, lacerations, trauma, and strains. Some will even be permanently disabled from on the job accidents.   

Migrant Hispanic workers are statistically more likely than others to be victims of a fatal occupational injuries. Recent data shows an increase in work injuries resulting in death involving Hispanic or Latino migrant farm workers. Migrant farm workers are also the least likely to seek medical attention when they do experience a work related injury. This is due to the fact that many employers of migrant farm workers do not carry workers’ compensation insurance.

Workers’ compensation is an insurance-based program run by the state that covers employees from the first minute of their employment for on-the-job injuries, which can range from the minor to the extremely serious, including death. California law states that farm workers are entitled to workers’ compensation benefits. Even if the employer or labor contractor does not carry workers’ compensation insurance, those who have been injured on the job may seek benefits from the Uninsured Employers Trust Fund.

If you are a migrant farm worker and have been injured on the job you should definitely seek medical attention and then consult with a workers’ compensation attorney who will be able to provide you answers to your questions and assist you in accessing the workers’ compensation that you may be entitled to. Call the migrant farm workers compensation attorneys at Robbins, Strunk & Cramer at 408-763-8336 to discuss your on the on the job injury and workers’ compensation benefits.


· Our attorneys can you the new changes in the workers’ compensation system how they apply to your case

· Our attorneys will help you with making an informed decision on an evaluator to determine the issues associated with your case

· Our attorneys can help you with finding a new treating doctor for your injuries.

· Our attorneys can advise you regarding which workers’ compensation laws with your case and your date of injury

· Our attorneys can explain the workers’ compensation medical treatment limitations and provisions associated with your case.

· Our attorneys will work with your physician to get the information needed regarding your permanent disability and medical treatment.

· Our attorneys will explain the voucher system to you

· Our attorneys can help expedite going to court for medical treatment, temporary disability and a fair permanent disability settlement.

Commission on Health and Safety and Workers’ Compensation Releases Annual Report

The CHSWC released the 2014 report on California’s Health and Safety and Workers’ Compensation Systems on February 5, 2015. The commission releases this report annually and uses it as a way to make recommendations so the workers’ compensation system in California can work more smoothly. For 2014, it made several recommendations, including:

  • Encouraging legislation that reexamines worker’s compensation in the areas of return-to-work, permanent disability compensation, medical care quality, accessibility, timeliness, cost, and overall burden of dispute resolution
  • Evaluating medical care as it relates to SB 863, especially relating to networks, medical necessity determinations, fees, and medical evaluations
  • Continue to look for businesses that do not properly use the workers’ compensation program and those businesses who do not comply with health and safety laws
  • Continue to examine and correct for data deficiencies in workers’ compensation coverage
  • Promote the transparency and predictability of the Department of Insurance
  • Continue to support employees so that they have a safe working environment
  • Continue to train employees with the state-wide Worker Occupational Safety and Health Training and Education Program

CHSWC was created to examine the health and safety, and workers’ compensation programs for the state, and to create these types of recommendations so as to improve the workers’ compensation system overall. CHSWC does extensive studies every year on the current system and helps the system improve for the following year.

For more information on workers’ compensation, contact an experienced workers’ compensation attorney. Robbins & Struck is happy to field questions at 408-848-1113.

Source: http://www.dir.ca.gov/CHSWC/info_bulletins/2015/Info_bulletin02.html

State Disability Insurance (SDI)

If your claim has been denied or the insurance company determines that you are ineligible to receive compensation, you may qualify for State Disability Insurance.  You may not receive both workers’ compensation benefits and State Disability Insurance at the same time, unless you receive a rate differential.  Workers’ compensation benefits and State Disability Insurance weekly rates are calculated differently.  Sometimes SDI’s rate is more than your workers’ compensation weekly rate.  In this case you are entitled to receive the difference in pay rate.  For example, if you would receive $800 from SDI and you would receive $500 a week from the workers’ compensation insurance company, the difference would be $300.  Therefore, you would receive $500 from the workers’ compensation insurance company and $300 from SDI to bring to the $800.

It is important to have a Pleasanton work injury attorney through this process. We make sure your health and right are taken care of at Robbins, Strunk & Cramer .

Recognizing and Completing a Workplace Discrimination Complaint

Discrimination at the workplace happens every day in multiple forms. If an employer has treated you unfairly, you have rights that protect you. Some examples are race, age, physical or mental, gender, marital status and medical condition.

Unlawful employment discrimination states the employer’s discriminatory conduct in a term, condition or privilege of your employment. Examples are refusing a hire, terminating an employee or offering different compensation.

To file a complaint contact the Department of Fair Employment and Housing. Complaints have to be filed within one year from the date of the alleged discriminatory act.  You must pursue administrative solving prior to a civil lawsuit.

After filing a complaint, an employer cannot retaliate against you.  You can not be punished for filing a complaint. Successful claimants will receive compensation for lost wages, punitive and compensatory damages, and attorney fees.

Treatment after Your Work Injury

After a workplace injury or illness, it is imperative you immediately notify your employer. It ensures that your workers’ compensation process will proceed smoothly, so you receive the proper compensation.

If your work-related injury is not notified within 30 days of the accident, you may forfeit your workers’ compensation benefits. After filing your claim, your employer will direct you to a health care provider. Under California workers’ compensation laws, you are entitled to medical benefits while your case is being investigated. After the initial 30 days, and you still need medical attention you may switch to a different doctor, within your employer’s medical provide network, if one has been established. The workers’ compensation program and your employer will dictate the medical treatment you receive.

The claim administrator will decide whether your medical treatment will be approved. Your plan may be subject to review by a third party retained by the claims administrator (utilization review). If your treatment is denied, you may appeal this denial by requesting an independent medical review.  There are time limits on appeals.

It is important to have a Pleasanton work injury attorney through this process. We make sure your health and right are taken care of at Robbins, Strunk & Cramer .