If you are suffering from a traumatic injury or work-related condition as a firefighter, and you are approaching the one-year mark of your 4850 benefits (full salary), this blog is for you.
Regardless of the work-related trauma, whether it is severe burns, an orthopedic injury, or a lingering lung condition brought about by exposure to hazardous toxins, you may be trying to figure out what to do if you are unable to go back to work because of your physical state. No doubt, that one year likely passed too quickly.
What you are facing is known as the “income cliff,” which is when an employee, like a firefighter, transitions from a 100% tax-free salary to the standard state rate for temporary disability (TD).
Crucial Note: Whether you earn $60,000 or $160,000 yearly, this transition effectively slashes your weekly income by at least one-third (33%) overnight.
Workers’ Compensation for Firefighters in Sacramento
How Legal Representation Can Help if You Are Facing the End of 4850 Benefits
First, the stress you are likely feeling is real. If you are head of household or the only income earner in your family, and your income drops by one-third, you may be scrambling for a way to pay your bills. Not only that, but you will also be dealing with an insurance company that knows the kind of stress you are under at this moment, which is pressuring you to settle.
The truth is, you don’t have to settle, but you do need qualified and experienced legal support and representation. Our Sacramento workers’ compensation attorneys serving Sacramento firefighters have been helping people in your situation for over 30 years.
Expert Legal Help for Injured Firefighters that Shifts the Focus from Loss to Gain
It’s easy to dwell on what you are losing (income). Our attorneys will shift the focus to what you have to gain: a maximized permanent disability rating (PDR) that puts your household income back in the black by ensure you receive the full amount of benefits you deserve.
Understanding the Transition to California State Rate Temporary Disability
The expiration of your benefits under Labor Code 4850 does not cut you off; it moves you to temporary disability, unless you have been determined to have reached Maximum Medical Improvement (MMI) (also called “Permanent & Stationary”).
In other words, if you are still healing and have not reached MMI as determined by a doctor, you switch from receiving your full salary (4850 pay) to TD payments (typically 2/3 of your wages, but subject to state maximums). This often results a delay of several weeks between the last 4850 payment and the first TD payment.
Why You Need a Sacramento Workers’ Compensation Lawyer for Firefighters Now
When the 4850 income cliff is reached, insurance adjusters will often swoop in to rush your claim to completion and close your file. Eason & Tambornini can help ensure your TD checks start immediately, to avoid the gap in payments, by filing the necessary paperwork before the 4850 benefits expire.
At the same time, your attorney will be doing everything in their power to bolster your permanent disability rating, with will determine your eventual final settlement value.
Shift to PD Rating: Enter the Qualified Medical Examiner
When the 4850 benefits end, your attorney will shift focus to the PD rating. However, if you rely on the insurance company’s own doctor to do this, your rating will likely be low.
It is critical that a QME understands the unique physical demands of firefighting, such as the impact of wearing 60-80 lbs of gear while climbing a ladder on an already bad back. Our extensive legal resources and professional relationships in Sacramento will ensure that you have a QME who understands the nuances of your specific situation.
Fighting the “Apportionment” Trick of Blaming the Firefighter’s Lifestyle or Other Cause
One of an insurance company’s favorite tricks is to blame the firefighter’s lifestyle, hobbies, or even just old age and genetics for the injury or condition rather than the job. This is called “apportionment,” and we know how to counter those claims by vigorously defending the facts of your claim, which is 100% industrial-caused so your final PD rating and settlement is not discounted.
Workers’ Compensation Attorneys in Sacramento with a Reputation for Helping Firefighters
Like the countless other first responders we have helped over the last 30 years, we know that you have spent your career protecting Sacramento. You should not be fighting another battle while you are trying to recover and get healthy.
Call our workers’ compensation attorneys serving Sacramento firefighters for a free, no-obligation case review. If we take your case, you will pay nothing until you win your settlement. We are standing by to help you get the permanent disability compensation you deserve.
Call (916) 438-1819 to schedule your free consultation today.