Fowler & Ball Attorneys at LawFowler & Ball Attorneys at Law2026-10-10T20:25:10Zhttps://www.fowlerball.com/feed/atom/WordPress/wp-content/uploads/sites/1300299/2020/05/cropped-512x512-1-32x32.pngOn Behalf of Fowler & Ball Attorneys at Law<![CDATA[Will workers’ comp be denied if an injury was your fault?]]>https://www.fowlerball.com/?p=468782026-10-10T20:25:10Z2026-10-10T20:25:10Zno-fault system. The employee does not have to sue the employer to receive compensation, and the employer has to provide those benefits, even if the employee did something that caused their own injury.
An example could be a roofer who is working with an automatic nail gun. Maybe they are in a rush, and they suffer serious injuries when they accidentally hit their own hand with the nail gun. They are rushed to the hospital and they will recover, but they need workers’ comp benefits for their medical bills and a portion of their lost wages.
It may be true that the worker's own mistake is what caused this serious injury. However, they can still typically seek compensation.
Are there any exceptions?
There can be exceptions to this rule in some cases. However, it is generally when the worker has shown a higher degree of negligence and not just made a simple mistake. For instance, if the employer can demonstrate that the worker was under the influence of alcohol or drugs when the accident occurred, then workers’ comp claims may be denied.
Similarly, perhaps the employee clearly failed to follow workplace procedures, took unneeded risks or was engaging in horseplay or other unnecessary activity. They did something that deliberately put themselves in harm's way, which could complicate their workers’ comp claim.
Navigating these types of claims can certainly be complex, and it is very important for employees to know exactly what legal options they have, what steps to take and how they can receive the benefits they deserve after a workplace injury.]]>On Behalf of Fowler & Ball Attorneys at Law<![CDATA[What is a Medical Provider Network and why does it matter?]]>https://www.fowlerball.com/?p=468762026-09-30T19:20:11Z2026-09-30T19:20:11ZWhen you’re injured at work, one of your first concerns is getting the medical care you need. In California, however, that doesn’t mean heading to your primary care physician. Instead, the workers’ compensation system may require you to choose your doctor from a Medical Provider Network (MPN).
A Medical Provider Network is a list or grouping of doctors and medical providers selected to treat on-the-job injuries. The worker’s employer or insurer designates the providers on the MPN, but the California Division of Workers’ Compensation (DWC) must certify the list. If your employer has an approved MPN, you must generally use it for your care.
Do you have any choice about your own doctor?
The existence of an MPN doesn’t mean you lose all autonomy in your own care. How much personal choice you have, however, depends a lot on whether or not you have a standing agreement with a physician regarding workers’ comp claims.If you have health insurance, an established relationship with a personal physician and that physician has agreed to handle any work-related injuries, you can complete a “Pre-designation of Personal Physician” form and submit it to your employer. So long as that is on file before your injury occurs, you can use that doctor.If you do not have a pre-designated personal physician, you must generally see the physician chosen by your employer for the initial 30-day period after your injury. After that 30-day period elapses, you can elect to choose another physician from the MPN list. You also generally enjoy the right to ask for a second (or even third) opinion, if you so choose. In addition, there are some broad exceptions to the rules regarding MPNs. If your employer doesn’t have a certified MPN (or doesn’t provide you with the list of providers on their MPN as required), you must initially use their chosen physician but can then transfer your care to any doctor who agrees to handle it after the initial 30-day period elapses. In practical terms, most injured employees will have to choose from a physician on their employer's list, but you never lose the right to challenge inadequate or denied care. If your workers’ comp claim is not proceeding as it should, it may be time to speak with an attorney.
]]>On Behalf of Fowler & Ball Attorneys at Law<![CDATA[When physical therapy doesn’t fix work injury symptoms]]>https://www.fowlerball.com/?p=468722026-09-18T22:23:22Z2026-09-18T22:23:22ZMany work-related injuries affect functional capabilities. They may be the result of workers using improper body mechanics while repeatedly performing the same job functions for years.
When people develop painful symptoms and functional limitations that affect their work performance, physical therapy may be part of their treatment plan. Physical therapy can help people learn better body mechanics, reduce painful symptoms and improve their functional capabilities.What happens in cases where physical therapy does not fully resolve the symptoms of an on-the-job injury or a job-acquired medical condition?
The disability may be permanent
Many disabling injuries generate symptoms that improve with treatment and rest. However, some people may experience a permanent change in their strength, speed, range of motion or other capabilities after getting hurt on the job. When physical therapy and other treatments cannot fully resolve a worker's symptoms, they may have a permanent partial disability. In such cases, they may incur ongoing medical costs for the rest of their life to manage their symptoms. They may also have reduced income or earning potential due to how their injury affects their job performance.Workers’ compensation can potentially provide ongoing medical benefits for necessary continued care, such as long-term symptom management. Workers may also qualify for permanent partial disability benefits. They may need to undergo an assessment that gives them a rating or may need to negotiate to ensure they receive appropriate disability benefits.Reviewing medical records and the origins of a work injury with a legal professional can help workers understand their options. A lawyer can assist with paperwork and manage negotiations to optimize workers' compensation benefits.]]>On Behalf of Fowler & Ball Attorneys at Law<![CDATA[Ignoring a rotator cuff injury can lead to long-term issues]]>https://www.fowlerball.com/?p=468712026-09-05T03:13:30Z2026-09-05T03:13:30ZA rotator cuff injury can make lifting, reaching and rotating your arm painful or difficult. For workers who regularly lift objects, perform repetitive overhead movements or rely on shoulder strength, continuing to work through the pain may place additional strain on already damaged tissue.
An ignored rotator cuff injury can worsen over time rather than simply resolving on its own. When the injury is connected to your job, getting appropriate medical attention may also be important when pursuing California workers' compensation benefits.
A small tear can become more serious
Rotator cuff injuries can begin with inflammation, tendon irritation or minor tearing. Continued shoulder use may cause existing damage to progress, particularly when the same movements that contributed to the injury remain part of your job. As a tear becomes larger, you may experience increasing pain, weakness and difficulty controlling normal shoulder movement.
Shoulder muscles can become weaker
A damaged rotator cuff can eventually affect the surrounding muscles. Reduced shoulder use may contribute to muscle weakness and wasting over time.Changes within the muscle tissue can also make an advanced rotator cuff injury more difficult to treat. Early evaluation can help determine the extent of the injury before further deterioration occurs.
Limited movement can cause lasting stiffness
Pain may cause you to avoid moving the injured shoulder. Although limiting painful movement can feel protective, prolonged loss of movement can contribute to substantial stiffness.Some people develop frozen shoulder, which can severely restrict movement and take considerable time to improve. This limitation may interfere with both work duties and ordinary activities at home.
Daily activities can become harder
Ignored rotator cuff injury complications can extend beyond the workplace. Getting dressed, reaching overhead, lifting household items and sleeping comfortably may become increasingly difficult. Persistent weakness may also affect your ability to perform the physical duties required by your job.If work caused or aggravated your shoulder injury, consider reporting your symptoms and obtaining medical evaluation promptly. You may also want to seek legal guidance to understand how California workers' compensation may apply to your injury, treatment and work limitations.]]>On Behalf of Fowler & Ball Attorneys at Law<![CDATA[The 3 most common workplace injuries]]>https://www.fowlerball.com/?p=468692026-08-19T01:30:53Z2026-08-19T01:30:53Zmore common than others almost anywhere you go.
A workplace injury does not always result from a dramatic construction accident or a dangerous piece of machinery. Employees can be hurt while lifting a box, walking across a wet floor or performing the same physical task repeatedly. Even an ordinary workday can end with an injury that requires medical treatment and time away from the job. Data gathered by the National Safety Council (NSC) indicates that three categories account for a majority of workplace injuries. They include:
1. Contact with objects, equipment, people or animals
This broad category includes workers being struck by falling or propelled objects, caught in powered equipment or compressed between objects. It also includes injuries caused by contact with another person or an animal. As a result, these incidents are not limited to industrial settings. Health care workers, delivery drivers, veterinary employees, retail workers and people in many other occupations may be at risk.
2. Overexertion and repetitive motion injuries
These injuries often occur when employees lift, push, pull, carry or otherwise move objects. A worker may suffer a sudden back or shoulder injury while handling a heavy load. In other cases, the damage develops gradually. Repetitive tasks, prolonged awkward positions and repeated bodily movements can also cause painful conditions. Employees who type, work on assembly lines, stock merchandise or repeatedly bend and reach may develop injuries affecting their hands, wrists, shoulders, knees or backs. These make valid workers' compensation claims, even though there is no singular event that caused the damage.
3. Falls, slips and trips
Falls, slips and trips accounted for 479,480 cases involving days away from work. Some workers fall from ladders, roofs, scaffolding or other elevated surfaces. However, a serious injury can also result from a same-level fall caused by a wet floor, loose cord, uneven walkway or misplaced object. These accidents may cause broken bones, head injuries, back injuries and damage to the knees or shoulders. Older employees and workers whose jobs require them to move quickly may face particularly serious consequences.
Professional legal guidance can help injured employees file a workers’ compensation claim and get the benefits they are due after a workplace injury, regardless of the type. ]]>On Behalf of Fowler & Ball Attorneys at Law<![CDATA[Why injured workers shouldn’t try to ‘walk it off’]]>https://www.fowlerball.com/?p=468662026-08-06T00:14:48Z2026-08-06T00:14:48ZUntreated injuries may worsen
The body's stress response may activate after a workplace accident. The rush of chemicals produced in response to a perceived threat can give people energy and cover up their pain symptoms. Some injuries are internal and may slowly progress over time, such as internal bleeding and traumatic brain injuries. Other injuries may be stable but could worsen abruptly due to additional trauma or physical exertion.
Untreated and undiagnosed work injuries can put professionals at risk of becoming permanently incapable of performing key job functions. They may also struggle to connect their injuries to their employment later if they do require medical care and time away from work. Reporting an incident, undergoing medical evaluation and taking appropriate time off to rest are all important steps for professionals hurt on the job.
Filing a workers' compensation claim is often easier when professionals report their injuries and have a diagnosis from a medical professional. Employees who understand the possibility of their symptoms worsening can act to protect themselves against medical conditions that could otherwise end their careers.]]>On Behalf of Fowler & Ball Attorneys at Law<![CDATA[Understanding nonsurgical treatments for carpal tunnel syndrome]]>https://www.fowlerball.com/?p=468652026-07-25T16:43:52Z2026-07-25T16:43:52Znonsurgical carpal tunnel treatments can improve function and reduce pain without the need for surgery. If the condition is work related, treatment may also be payable via workers' compensation benefits.
Exploring nonsurgical treatment options
The right treatment depends on the severity of your symptoms and how much the condition affects your daily activities. Many people begin with conservative treatments that reduce pressure on the median nerve and support healing.
Wearing a wrist splint is often one of the first recommendations. A splint keeps the wrist in a neutral position, particularly while sleeping, which may reduce numbness, tingling and nighttime discomfort.
Physical therapy may also be recommended. Specific exercises can improve flexibility, strengthen the muscles that support the wrist and encourage better movement patterns. Some people also benefit from occupational therapy, which focuses on changing work habits and improving ergonomics. Adjusting your workstation, keyboard position or repetitive job tasks may reduce strain on the wrist and help prevent symptoms from worsening.
Medication may provide temporary relief for pain and inflammation. Depending on your condition, a health care provider may recommend nonprescription pain relievers or prescribe corticosteroids. In some cases, a corticosteroid injection into the carpal tunnel may reduce swelling around the median nerve and improve symptoms for a period of time.
Resting the affected hand and limiting activities that aggravate symptoms are also important parts of recovery. Continuing repetitive motions without appropriate treatment may increase pressure on the nerve and make the condition more difficult to manage.
Although many people respond well to nonsurgical carpal tunnel treatments, surgery may be considered if symptoms become severe or do not improve with conservative care.
If your carpal tunnel syndrome developed because of your job duties, you may have rights under workers' compensation law. Seeking legal guidance can help you understand your options for obtaining medical treatment and other benefits while you recover.]]>On Behalf of Fowler & Ball Attorneys at Law<![CDATA[When does workers’ compensation temporary disability pay begin?]]>https://www.fowlerball.com/?p=468642026-07-09T23:52:49Z2026-07-09T23:52:49ZWorkers must miss three days of work at least
There is an expectation that workers can use paid leave or take a brief unpaid absence in cases involving truly minor injuries. However, if an injury is serious enough to leave someone unable to work for the better part of a week, then they may qualify for temporary disability benefits.
The benefits begin after the third day of missed employment. Workers’ compensation provides up to two-thirds of their usual pay, which is subject to a state maximum benefit amount. Workers can qualify for coverage for those first three days if their inability to work lasts 14 days or if a hospital admits them overnight.
Learning the rules that apply to workers' compensation benefits and having support when filing a claim can make a major difference. Injured employees who must miss a substantial amount of work may need help understanding their rights and seeking the coverage they require, and that’s okay.]]>On Behalf of Fowler & Ball Attorneys at Law<![CDATA[How a same-level fall at work can lead to a career change]]>https://www.fowlerball.com/?p=468632026-06-23T22:45:40Z2026-06-23T22:45:40ZHeight isn't necessary for severe injuries
Obviously, falls from significant elevation create the most risk. However, same-level falls are a leading hazard in almost every employment sector. Hundreds of workers die due to slips, trips and falls each year, and many others sustain serious injuries.
Workers in hospitals and lawn maintenance professionals can slip and fall. They may break bones. Fractures can be enough to cause permanent functional limitations for blue-collar professionals.
People who fall can also potentially hit their heads, resulting in a traumatic brain injury (TBI). Those who sustain TBIs could have symptoms that affect motor function, memory and personality. Even retail workers and white-collar professionals could become unable to continue their current jobs after a same-level fall.
Workers’ compensation can help injured professionals pay for medical treatment they also request disability benefits to replace lost income or supplement reduced future earnings. Reviewing a workplace injury with a workers' compensation attorney can help professionals file benefit planes. Especially when facing permanent medical issues, professionals often need help getting the benefits they need for their optimal recovery, and that’s okay.]]>On Behalf of Fowler & Ball Attorneys at Law<![CDATA[Should you accept a workers’ compensation lump-sum settlement?]]>https://www.fowlerball.com/?p=468622026-06-15T20:32:19Z2026-06-15T20:32:19ZIf you’ve been injured on the job, you may eventually receive a settlement offer from the workers’ compensation insurance company. For many injured workers, the prospect of receiving a lump-sum payment is appealing, as it can relieve some financial strain and help bring closure to a lengthy claim.
But before agreeing to the offer, it’s important to understand how workers’ comp settlement offers work, along with the pros and cons. After all, it’s a significant decision that can affect your future medical needs and financial security.
Stipulation with Request for Award (stips): The insurance company and the injured employee agree on the disability benefits owed. These are generally made through weekly payments. However, future medical care will be covered by the insurance company.
Compromise and Release (C&R): A lump-sum payment closes the entire case, including future medical benefits.
Because a C&R typically ends your right to seek additional benefits for the injury, it’s essential to evaluate the long-term consequences before accepting the offer.The advantages of accepting a lump-sum settlement include:
Immediate access to funds
Greater control over your future
Brings the case to a close
While a lump-sum payment has its advantages, it’s important to understand the risks. One of the biggest concerns in a C&R settlement is not having access to future medical benefits, even if your condition worsens. Furthermore, the settlement offer might not reflect the true value of your claim. Insurance companies aim to control costs, and a lump-sum payment doesn’t always account for future medical expenses, reduced earning capacity or the full impact of a permanent disability.Before accepting a workers’ comp lump-sum settlement, you should have a legal representative review the agreement. They can help ensure that any decision you make supports your long-term well-being and financial stability.
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