Fowler & Ball Attorneys at Law Fowler & Ball Attorneys at Law 2026-07-09T23:52:49Z 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[When does workers’ compensation temporary disability pay begin?]]> https://www.fowlerball.com/?p=46864 2026-07-09T23:52:49Z 2026-07-09T23:52:49Z Workers 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=46863 2026-06-23T22:45:40Z 2026-06-23T22:45:40Z Height 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=46862 2026-06-15T20:32:19Z 2026-06-15T20:32:19Z If 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.

Advantages and disadvantages

California workers’ comp claims are usually resolved through one of the following settlement methods:
  1. 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.
  2. 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.  ]]> 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.]]>