Workers’ comp benefits in California have come a long way since the first WC laws were passed in 1911 by Governor Hiram Johnson. Those early laws, which required employers to provide benefits to employees who were injured or became ill because of their job duties, regardless of their fault, did not apply to police officers.
Before any California workers’ compensation laws, injured workers, including police officers, had to sue their employers to prove their injury or illness was work-related, which often caused even more financial hardship to the employee.
That changed in the early 1970s when the California legislature extended the law to include police and other peace officers. Unfortunately, employers and their insurance companies can still challenge workers’ comp benefit payouts, which makes it vital to retain the services and support of a workers’ comp attorney. The experienced workers’ compensation attorneys at Eason & Tambornini strive to secure the most compensation possible and collect no fees until a client wins.
Today, workers’ compensation benefits for law enforcement essentially work the same: They are still a no-fault system and provide financial assistance and medical treatment to employees who are injured or become ill due to their job duties.
Core Workers’ Compensation Benefits
Here are some of the key workers’ compensation benefits available to law enforcement in California:
- Medical care and treatment: Police officers injured are legally entitled to all necessary medical treatment, including hospitalization, surgery, and physical therapy. Medical care and treatment also include long-term care.
- Temporary disability benefits: If unable to work, a police officer may be eligible for temporary disability benefits, which amount to two-thirds of the injured officer’s regular wages, up to a specific maximum amount.
- Permanent disability benefits: An injured police officer who suffers a permanent disability due to a work-related injury may also be eligible for permanent disability benefits. Permanent disability benefits are calculated using key factors such as the severity of the disability and the officer’s earning capacity.
- Death benefits: If a police officer is killed in the line of duty, their surviving family members may be eligible to receive death benefits, which include funeral expenses, lost wages, and a one-time, lump sum payment.
Other Special Workers’ Compensation Benefits
In addition to the core benefits listed above, police officers in California are also entitled to certain other unique benefits, which include:
- 4850 benefits: Police officers injured at work who cannot work for more than 30 days may receive 4850 benefits, which provide up to one year of the officer’s full salary, instead of temporary disability benefits.
- Presumptive benefits: Under California law, certain conditions or injuries suffered by police officers qualify for “presumptive benefits.” The name is derived from the fact that they are so common that it is “presumed” to be job-related under California labor laws. Some examples of presumptive benefit conditions include heart trouble, pneumonia, and lower back injuries for officers who wear duty belts. Additionally, infectious diseases such as tuberculosis, hepatitis, and HIV, as well as certain cancers (e.g., bladder, kidney, and non-Hodgkin’s lymphoma), are generally presumed to have been contracted due to an officer’s job.
Challenging “Presumptive” Benefits
Employers and their insurance carriers can challenge the job-related nature of presumptive benefits (or any workers’ comp benefits, as noted previously), which is why an experienced workers’ compensation attorney can help police officers navigate the process and ensure that they receive the maximum amount of benefits they may be due.
If you have been injured on the job and offered a settlement, call Eason & Tambornini to schedule a no-obligation, free consultation. Not only do you deserve fair compensation if you’ve been injured, but you also deserve everything you are entitled to under the law.
