Police officers and firefighters injured on the job have legal rights, and they are generally better than those accorded “civilians.” Some of these “extra” rights are available to “civilians” working for the Dept. of Corrections and Rehabilitation.
All employees are eligible to apply for workers compensation in the event that they suffer an injury while on the job. Above that, injured on duty police officers are covered under a special section of the California Labor Code. The nature of the job is such that law enforcement officers run a greater risk of suffering mental or physical health issues while on the job. Therefore, the law provides a higher level of compensation for injured officers.
Firefighters run a greater risk of respiratory/lung injuries, and those working within the walls of correctional facilities have regular contact with inmates and have some “custodial duties” which put them at greater risk of stress-related heart disease. Therefore, the Labor Code and various court opinions also support a legal presumption that certain types of injuries are work related.
(This “presumption” means that the burden of proof is shifted to the employer who has to prove the injury is NOT work related, an extremely difficult thing for the employer to prove.)
Non-public personnel employees who file workers comp claims in the State of California are entitled to a maximum of two-thirds of their pay for the period of one year. However, an officer of the law who is temporarily completely disabled and unable to perform the job can receive his or her full salary for up to a year.
Full salary for one year
All public employees designated as “Safety Personnel” by the legislature are eligible for specific workers comp rights. A deputy sheriff or police officer may receive his or her full salary for one year without taxes deducted following a work-related injury. Furthermore, the benefits may start and stop and do not need to be continuous. It’s important to know your workers comp rights should you be the unfortunate victim of a police officer injury.
Safety Personnel, firefighters and “civilians” with those duties noted above are entitled to a presumption that heart trouble of almost any kind is related to their work.
Your first order of business is to report the injury or injuries to your supervisor, and file a claim when you’re able. Because the Labor Code has changed in recent years, it can be confusing to try to understand exactly what your rights are under that law. At Gold Country Workers Comp Center, we have extensive knowledge of and experience in dealing with the workers compensation system for safety personnel. We can guide you through the process and ensure that you are fairly compensated.
Knowing the law
Kim LaValley, a well-respected workers compensation attorney in California, has spent the better part of the past forty years focusing solely on workers compensation and social security law. He and the staff at Gold Country Workers Comp Center have a successful track record in settling cases with favorable results.
Currently, Mr. LaValley is litigating a case that will help bolster the applicability of the “presumption” of industrial causation for heart problems suffered by “civilians” who work with prisoners in the prison system. While the State of California’s attorneys are working hard to avoid having this presumption embedded into regular legal principles, he is very optimistic that he will prevail.
If you need information about workers comp for injured police officers or deputy sheriffs, call today for a free consultation. Get the peace of mind knowing you’re being represented by the best.
