The daily sacrifices our Sacramento firefighters make are too numerous to list, but among the most profound are the risks they face in life-threatening situations. These dangerous carcinogens can cause chronic illness, physical stress, and strain, leading to premature wear and tear on joints and muscles. The old saying is absolutely relevant: As most people run from fires and other emergencies, firefighters rush toward them.
A diagnosis of cancer, heart disease, or some other physical ailment caused by the inherently dangerous work firefighters do can have devastating effects on a household. But to then find out their claim has been denied can feel like a complete betrayal, considering their dedication to keeping others safe from harm.
A denial is not the end. With compassionate and aggressive legal representation, denials of presumptive injuries can be fought and won. In our 30 years of working with firefighters who work so hard for others, we know this from experience.
Workers’ Compensation for Firefighters in Sacramento
Understanding the “Presumption” Laws for Cancer and Heart Trouble
California Labor Code Section 3212.1 and Section 3212, covering cancer and heart trouble, respectively, clearly state that these ailments are presumed to have developed due to a firefighter’s working conditions. This shifts the burden of proof from the firefighter to the insurance company to disprove it.
Note: It is a common misconception that a presumptive injury claim gets an automatic approval. Instead, insurance adjusters treat it more like a roadblock they can work around than a hard-and-fast rule.
Why a Presumption for Cancer and Heart Trouble Gets Denied and How to Fight It
Insurance companies can take several approaches to fight presumptive claims for cancer and heart trouble. Here are some of the most common arguments:
- Latency Period: The exposure happened too long ago or too soon (in relation to the claim filing).
- Lifestyle (non-work) Factors: The condition is due to the firefighter’s diet, hobbies, other activities, or a family history of the condition or disease.
- Statute of Limitations: An objective argument that the condition began or occurred after the statute of limitations has expired. Note: This is also not the end of the road for a presumptive claim, especially for a condition that began but was not detected right away.
If the idea of an insurance company scrutinizing personal details of your life like those listed above seems invasive, you aren’t alone. We understand this process is painful, not just physically but emotionally as well. Our experienced team will help you understand how to deal with that, too.
The Winning Strategy Our Sacramento Workers’ Compensation Attorneys Use
Our workers’ compensation attorneys are skilled at redirecting a denied presumptive injury claim. Here are some of the paths we may take:
- The QME/AME Process: Seeking a Qualified Medical Evaluator (QME) who understands the many ways firefighters may be exposed to work-related toxins and conditions that contribute to cancer, heart trouble, etc.
- Challenging the Rebuttal: One of our goals is to prove that the insurance company is not meeting the required burden of proof to rebut or deny the presumptive injury claim. Remember, California Labor Laws place the burden on the insurance company to prove it wasn’t work-related by proving it was from a specific, non-work-related cause (as opposed to just a possible cause). This is a high burden of proof.
- Expert Testimony: We will call upon specific industrial specialists in Sacramento or other medical experts with a fire-industry background to bolster your claim.
Sacramento Firefighters Deserve Someone to Have Their Back
You’ve put in the time, as well as the blood, sweat, and energy it takes to succeed as a Sacramento firefighter. The battle against an insurance company should be the least of your concerns as you heal from your disease or condition. We will do everything in our power to secure the medical care, temporary or long-term disability, that you and your family have a right to.
Hire an Experienced Workers’ Compensation Attorney for Firefighters in Sacramento
If you are about to claim a presumptive injury, or you’ve made one that’s resulted in a denial, call an experienced workers’ compensation attorney to get your claim back on track. Our workers’ compensation attorneys serving Sacramento have helped countless firefighters get the compensation they deserve and that they have earned.
Call (916) 438-1819 to schedule a free, no-obligation consultation and case review. If we take your case, you pay nothing unless and until you win. There is no money up front, just aggressive legal backing from start to finish.