Workers’ Compensation for Firefighters in Sacramento

How a Workers’ Compensation Attorney Makes a Difference for Injured Firefighters

California has specific workers’ compensation laws that provide additional benefits for firefighters beyond standard coverage. This is partially due to the unique risks and challenges that firefighters face. These laws include provisions under California Labor Code Section 4850.

Additionally, did you know that firefighters in California are entitled to file a personal injury lawsuit under certain circumstances if they are injured in the line of duty and their injury was caused by a third party’s negligence or misconduct?

For example, a negligent driver, the owner of a property with hazardous materials or conditions, or the manufacturer of defective equipment used in the line of duty may be held responsible if you are injured on the job. Compensation in the form of a personal injury claim would be in addition to your workers’ compensation benefits if the third party is found responsible in part or whole for your injuries.

Firefighters Presumptive Workers’ Compensation Benefits: What Are They?

California firefighters are entitled to presumptive benefits under certain conditions; a skilled attorney will know exactly how to pursue them. Presumptive benefits assume that certain injuries or conditions are work-related. A few of these include lower back injuries, heart trouble, Lyme disease, post-traumatic stress disorder and hernias. This is only a partial list and your workers’ compensation attorney can provide more detailed information.

Supporting Families of Injured Firefighters

When firefighters are injured in the line of duty, their family members often face significant emotional and financial challenges. Workers’ compensation offers a sense of security; it provides financial assistance to cover medical expenses, lost income, and other related costs.

In the tragic event of an officer’s death, certain family members are eligible for death benefits, which can help immensely in rebuilding a sense of security for children and other dependents.

Key Workers’ Compensation Benefits for Firefighters in California

1. Full Salary Continuation (Labor Code 4850): A full salary for up to one year is due firefighters while on leave due to a work-related injury. This benefit replaces the standard temporary disability payments, typically covering only two-thirds of a firefighter’s salary.
2. Presumed Work-Related Medical Conditions: Heart trouble, lower back injuries from carrying heavy gear, cancer, and infectious diseases are just some of the illnesses and injuries that are presumed to be work-related for firefighters. This presumption makes it more straightforward for fire personnel to claim benefits. It also shifts the burden of proof away from the injured person.
3. Additional Temporary Disability Benefits: After the one-year full salary period, firefighters may receive an extra year of temporary disability benefits at two-thirds of their salary. This would total two years of aggregate disability benefits for each injury.
4. Right to Medical Care: Workers’ compensation laws cover all medically necessary treatments related to work injuries for firefighters, including co-payments, medications, etc.

Firefighter Injury Statistics

• Nationally, firefighters experience tens of thousands of injuries annually
• In 2019, 60,825 firefighter injuries were reported in the U.S.
• Approximately 70% of injured firefighters nationwide file workers’ compensation claims for their injuries at some point in their careers
• The most common injuries reported include strains, sprains, and muscular pain (55%), and exposure to hazardous materials
• In California, the most recent available data shows that in 2018, firefighters suffered approximately 2,300 nonfatal injuries and illnesses that resulted in multiple days away from work

Post-Traumatic Stress Disorder (PTSD) Claims

If you are a firefighter who has PTSD, it’s even more critical to hire a workers’ compensation attorney. In California, PTSD claims are denied more than any other type of firefighter claim. Between 2008 and 2019, approximately 25% of PTSD claims filed by firefighters were denied. This is over twice the denial rate for conditions like back injuries or pneumonia.

Survivor’s Benefits for Firefighters Killed in the Line of Duty in California

Under California law, the spouse of a firefighter who has lost his or her life in the line of duty is entitled to state-funded health benefits for life if they were married to the firefighter for at least one year prior to the date of death.

Workers’ Compensation: California workers’ compensation benefits provide death benefits with an extended statute of limitations for job-related illnesses like cancer.

Assembly Bill 1035 also extends the time limit for applying for death benefits under workers’ compensation for firefighters with certain job-related illnesses.

Why Hire an Eason & Tambornini Workers’ Compensation Attorney?

• High familiarity with workers’ compensation benefits for firefighters: Choose an attorney experienced in California workers’ compensation laws, and especially benefits unique to firefighters
• Experience and successful track record: Look for lawyers with a proven history of handling workers’ compensation claims successfully, especially for firefighters
• Local expertise: Local firms with hands-on knowledge of the Sacramento region’s legal landscape, courts, and insurance professionals can streamline the process and avoid pitfalls that out-of-area attorneys may not anticipate
• Contingency fee structure: Like many attorneys, our workers’ compensation attorneys offer a contingency fee structure; this means you pay us only if we recover benefits for you.

5 Key Questions to Ask at Your Free Consultation with a Workers’ Compensation Attorney

1. What is your firm’s experience with firefighter cases and success rates?
2. What are California’s presumptive injury laws?
3. What is the expected timeline for a claim?
4. Will you ensure that all filing deadlines are met?
5. Will you be available to answer my questions as they arise and offer proactive communication as the claim proceeds?

Benefits of Hiring a Lawyer If You Are an Injured Firefighter

One of the key benefits of having an experienced workers’ compensation lawyer on your team if you are an injured firefighter is to ensure your rights are protected, now and for the future. Additionally, a skilled workers’ compensation attorney for firefighters understands insurers’ negotiation tactics and will make sure no money is left on the table. All eligible benefits, including medical coverage, disability payments, and job displacement support, will be aggressively pursued. Our workers’ compensation attorneys for firefighters will also do the following:

• Expedite the claims process
• Communicate with insurers
• Negotiate with insurance adjusters
• Represent you if your claim is denied and you need to appeal
• Improve your chances of securing the maximum benefits you are entitled to

Free Consultation, No Upfront Fees

If you are an injured firefighter, we can protect you and your family. Call our office at (916) 438-1819 to schedule a free consultation. If you are married, bring your spouse so that all your questions can be answered, and you can make an informed decision about what’s best for your family and whether to proceed with a claim.