Fowler & Ball Attorneys at Law Fowler & Ball Attorneys at Law 2026-06-03T11:12:58Z https://www.fowlerball.com/feed/atom/ WordPress /wp-content/uploads/sites/1300299/2020/05/cropped-512x512-1-32x32.png On Behalf of Fowler & Ball Attorneys at Law <![CDATA[The challenges of pursuing permanent partial disability benefits]]> https://www.fowlerball.com/?p=46861 2026-06-03T11:12:58Z 2026-06-03T11:12:58Z Disability claims are complicated Unlike temporary total disability benefits that depend primarily on a worker’s wages, permanent partial disability is a complex benefit. It is not just a flat rate based on the worker’s prior earning potential. It considers the loss of earning potential or the affected body parts. Workers may need to undergo an in-depth medical evaluation to document the extent of their functional limitations. They may need help negotiating for either regular payments or a lump-sum settlement. The worker's impairment rating establishes the severity of their condition, and the process also considers their age and occupation when calculating the benefits they should receive. Optimizing personal permanent partial disability benefits as part of a workers' compensation claim can be much more difficult than requesting temporary total disability benefits while undergoing treatment. Partnering with a workers' compensation attorney can help injured professionals understand the benefits available to them and pursue the support they deserve. Permanent partial disability claims are often quite complex, making legal representation valuable to those facing a lifetime of reduced earning potential.]]> On Behalf of Fowler & Ball Attorneys at Law <![CDATA[Are car accidents covered by workers’ comp?]]> https://www.fowlerball.com/?p=46860 2026-05-19T14:39:00Z 2026-05-19T14:39:00Z Car accidents certainly can be covered under workers’ comp laws in many cases. For some workers, the risk of being involved in an auto accident is one of the primary dangers of their job. They can often seek workers’ comp benefits to cover medical bills and a portion of their lost wages after a crash. For instance, many commercial truck drivers or delivery drivers are specifically employed to operate motor vehicles. Because they are performing the duties of their job, they can seek workers’ comp benefits if they are involved in an accident. After all, even if these commercial drivers operate their vehicles as safely as possible, there is always the inherent risk of being injured in an accident caused by another driver.

What if the accident is during a commute?

As a general rule, a driver who is injured during their commute is not going to be able to seek workers’ comp benefits. If they are just going to work or returning from their job at the end of the day, they are not performing the duties of their occupation. They are not on the clock or being paid for their time, so, despite the fact that commuting is necessary for them to work, they do not qualify as employees at that time. In certain situations, there are exceptions to this rule. A worker who is given job-related tasks during their commute may be able to claim workers’ comp benefits, for instance. A worker who has to drive between different job sites may also be able to claim compensation, as this goes beyond their traditional commute. Auto accidents happen every day, so there is a constant risk. Employees who have been injured need to know if they have a right to workers’ compensation benefits and what steps to take.  ]]> On Behalf of Fowler & Ball Attorneys at Law <![CDATA[Workers’ compensation supports employees with broken bones]]> https://www.fowlerball.com/?p=46859 2026-05-02T23:12:37Z 2026-05-02T23:12:37Z Benefits can reduce financial strain Workers with broken bones may require thousands of dollars in medical care. Treatment options range from setting the bone, applying a cast and providing physical therapy for recovery after the bone heals to surgery in more extreme cases. Workers’ compensation can pay for all necessary treatment expenses for an on-the-job fracture. Professionals may also require disability benefits. Broken bones generally require a minimum of eight weeks to knit, if not substantially longer. Temporary partial disability benefits can augment the reduced pay of workers restricted to light-duty work functions that limit their pay. Temporary total disability benefits can replace a portion of the worker’s lost wages if they cannot work at all until they recover. While professionals may be eligible for paid or unpaid leave and might have health insurance to cover treatment costs, filing a workers’ compensation claim can more effectively diminish the setbacks caused by a work injury. Discussing a work injury and available workers' compensation benefits with a lawyer can help injured professionals file a claim for the coverage they deserve.]]> On Behalf of Fowler & Ball Attorneys at Law <![CDATA[Why workers’ comp claims get denied]]> https://www.fowlerball.com/?p=46858 2026-04-19T15:22:50Z 2026-04-19T15:22:50Z It should be a straightforward process. You were hurt at work, reported it and now your medical care and lost wages should be covered. Therefore, it’s frustrating and confusing when your claim is denied. It’s not uncommon for claims to be rejected, but oftentimes those reasons can be challenged or corrected. Understanding the reason behind the denial is the first step toward figuring out what to do next.

Medical evidence is essential

One of the most common issues with workers’ comp claims is late reporting. Injured workers are expected to report a workplace injury within 30 days. Waiting too long can raise questions about whether the injury occurred at work. And while the deadline is 30 days, it’s best if you report your injury immediately, even if it seems minor. Lack of medical evidence is another major factor. If your medical records don’t clearly connect your injury to your job duties, the claim may be denied.  Along those same lines, inconsistencies can also lead to claim denial. If what you reported to your employer doesn’t match what’s in your medical records, or if your description of the injury changes over time, the insurer may question your credibility.  In some cases, the employer may dispute the claim or argue that the injury happened outside of work. However, a denial doesn’t necessarily mean your case is over. The insurance company may refuse to provide benefits voluntarily, but it doesn’t mean you’ve lost your right to pursue workers’ compensation. You can challenge the decision and present evidence supporting your claim. In fact, medical documentation often becomes the deciding factor. It’s important that the treating physician clearly understands:
  • How your job duties are performed
  • When your symptoms started
  • How has your condition progressed
The stronger the connection between your work and injury, the better your chances of overcoming the denial. Challenging a workers’ comp denial can become complex. A legal representative can help gather medical evidence, prepare your case and represent you before the California Workers’ Compensation Appeals Board. Their assistance can make a meaningful difference in protecting your rights and getting the benefits you’re entitled to.]]> On Behalf of Fowler & Ball Attorneys at Law <![CDATA[Who pays when a co-worker causes a job injury?]]> https://www.fowlerball.com/?p=46857 2026-04-06T11:00:49Z 2026-04-06T11:00:49Z No-fault coverage still applies The good news for those injured due to a co-worker’s negligence or mistakes is that workers’ compensation coverage is usually still available. Technically, liability for employee errors generally passes to an employer, making them vulnerable to litigation. Employers have indemnification from direct liability for most worker injuries under workers’ compensation rules. Workers’ compensation, rather than the employer, pays to replace lost wages and covers medical care expenses. Those hurt because a coworker makes a mistake while on the clock may be eligible for the same health and disability benefits as those hurt due to machinery malfunctions or slip-and-falls. There is no need to prove who was at fault to establish eligibility for coverage. Reporting an incident and then filing a claim for workers' compensation benefits can help employees replace the lost wages and secure the medical care they need for on-the-job injuries. Even when coworkers are clearly to blame for an incident, an employee can generally rely on no-fault workers’ compensation coverage to offset their major expenses.]]> On Behalf of Fowler & Ball Attorneys at Law <![CDATA[Broken bones can lead to complex workers’ compensation claims]]> https://www.fowlerball.com/?p=46856 2026-03-20T01:31:19Z 2026-03-20T01:31:19Z Addressing limitations Workers in the service sector and in blue-collar careers may not be able to work with a broken bone. They may require light-duty job functions from their employers in some cases or disability benefits in others. Other times, they may require a leave of absence until their bone heals and they can return to their usual job functions. Fractures can take anywhere from eight weeks to multiple months to properly heal, and workers may require multiple weeks after that to regain lost function through physical or occupational therapy.

Arranging for proper treatment

Securing adequate medical care after a fracture generally requires transportation to an outside medical facility. In cases involving comminuted or open fractures that are especially severe, the worker may need to undergo emergency surgery. After they heal, as noted, they may require therapy to address their functional limitations. In some cases, fractures may lead to disputes about care needs and costs. Workers with injuries that require medical treatment may need legal guidance in navigating a workers' compensation claim. Reviewing the injury, the treatment plan and the worker’s job functions can make it easier for workers to pursue the benefits they need and avoid common workers' compensation pitfalls.]]> On Behalf of Fowler & Ball Attorneys at Law <![CDATA[When there’s a dispute about the origins of a work injury]]> https://www.fowlerball.com/?p=46855 2026-03-04T09:36:34Z 2026-03-04T09:36:34Z The California workers’ compensation program can help people address the costs of on-the-job injuries. Workers’ compensation pays for all necessary medical treatments.  Injured professionals and those sickened due to job responsibilities may also be eligible for disability benefits. Workers’ compensation replaces a portion of their lost income until they can return to work.  Typically, any medical condition directly connected to employment is potentially eligible for workers' compensation coverage. However, sometimes there are questions about the origins of an injury or illness. What happens when a worker claims that their employment caused their condition, but other parties believe the issue began outside of work? 

A special evaluation may be necessary

Disputes about the origins of medical conditions, the treatment plan for an injured professional or the ability of a professional to return to work may require a specialized medical test. The California workers' compensation program partners with medical professionals who serve as neutral professionals to help resolve disputes.  A qualified medical evaluator (QME) can conduct an in-depth assessment of the worker’s condition. They can affirm that the condition began due to the worker’s job functions.  They can evaluate the treatment plan and determine if the worker can safely return to work, either with or without accommodations. Both the injured professional and their employer potentially have the option of requesting an evaluation conducted by a QME.  Doing so may be the most effective way to resolve a dispute related to workers' compensation benefits. Injured professionals often need assistance when there are questions about their conditions or their treatment plans.]]> On Behalf of Fowler & Ball Attorneys at Law <![CDATA[Does workers’ comp cover all of your lost wages?]]> https://www.fowlerball.com/?p=46854 2026-02-18T15:21:13Z 2026-02-18T15:21:13Z When workers in California get injured on the job, they are often facing a combination of costs. First and foremost, they have unexpected medical bills, such as emergency treatment at the hospital. Secondly, if they are missing time at work and they are paid an hourly wage, they are also losing substantial wages. Many people count on a steady income for their budget to work, so a disruption for weeks or months can be a significant issue. If you are in this position, you know that workers’ comp can help cover your medical bills. But is it also going to cover all of your lost wages?

Temporary disability

In most cases, injured workers are seeking temporary disability payments. They will recover and return to work, so they just need money in the meantime. Under California law, employees are typically paid two-thirds of their pre-tax wage. They can receive this for up to 104 weeks. It is important to know that this means the employee may still earn less than they would have if they had not been injured in the first place.

Permanent disability

For permanent disability cases, things can get a bit more complex. The total amount of wages you will be paid, or the duration for which you can receive these benefits, is not determined in advance as it is with temporary disability cases. It depends on the extent of your disability and the measurable physical and/or mental impairment that you have suffered.

Your legal options

Because every case is unique, it is very important for injured workers to understand the types of benefits they are entitled to and what legal steps they can take at this critical time.]]> On Behalf of Fowler & Ball Attorneys at Law <![CDATA[Why getting workers’ comp may become easier for California nurses]]> https://www.fowlerball.com/?p=46852 2026-02-07T19:03:20Z 2026-02-07T19:03:20Z There’s no doubt that being a nurse in a hospital is not only emotionally challenging but also physically grueling work. The serious shortage of nurses only compounds the problem. Nurses and other health care workers often have to put in longer hours and take additional shifts to make up for the shortages. A shortage of personnel and sometimes equipment also means that nurses often don’t have the help they need to lift, roll or otherwise move patients. These repeated physical exertions can cause serious and sometimes debilitating back and other musculoskeletal injuries. To make matters worse, injured nurses can face challenges getting workers’ compensation when they suffer these and other types of injuries, medical conditions and mental health disorders due to their work. If it didn’t occur in one incident, they may have to prove that their injuries or other harm weren’t at least in part due to non-work-related factors.

What changes would a proposed law make?

California lawmakers are currently considering legislation that would create a “rebuttable presumption” that if an acute care hospital worker who provides “direct patient care” seeks workers’ comp benefits for musculoskeletal injuries as well as conditions like infectious and respiratory diseases, cancer and post-traumatic stress disorder (PTSD), it was caused by their work.  A rebuttable presumption means that, for purposes of receiving workers’ comp, it will be presumed that the condition “arose out of and in the course of the employment.” The employer or workers’ comp insurer would have the burden of proving to an appeals board that it did not. The legislation passed in the California Senate and is currently under consideration in the Assembly. Meanwhile, nurses and other health care workers can still seek workers’ comp for these conditions if they arose from their work. They may just need to be ready to present evidence that they were caused by providing patient care. Having experienced legal guidance can make all the difference between a successful and unsuccessful claim.]]> On Behalf of Fowler & Ball Attorneys at Law <![CDATA[Is a failed drug test the end of a workers’ compensation claim?]]> https://www.fowlerball.com/?p=46851 2026-01-30T13:49:54Z 2026-01-30T13:49:54Z Workers could still qualify for benefits Some workers misunderstand the rules that govern workers’ compensation so completely that they do not even file a claim after getting hurt on the job. They immediately assume that they might fail a drug test. If they use marijuana out of work, for example, they are likely aware that the drug could show up in any tests they take for weeks after ingesting the substance. While it is true that a failed drug test can complicate a worker's compensation claim, failing a test does not automatically eliminate eligibility. Employees could still qualify for workers’ compensation benefits. Their employers generally need to show that they were impaired while on the job and that their impairment was the cause of or a contributing factor toward their injury. If the company can't meet that strict standard, then the worker may still be eligible for workers’ compensation benefits. Anyone who fails a drug test can expect potential controversy and may need support as they pursue workers' compensation benefits. Discussing a complicated workers’ compensation claim with a lawyer can help those worried about benefit eligibility to pursue the most favorable outcome possible under the circumstances.]]>