Workers’ Compensation for Public Safety Officers

Labor code 3212, according to California Legislative information, allows certain public safety officers the presumption for pneumonia, hernia, and heart trouble that develops while the member is in the service of the office, staff, department, or unit. The compensation awarded for the presumed injury or illness includes full hospital, surgery costs, medical treatment, disability, and death benefits, as provided by California’s workers’ compensation laws.

Specifically, an injury or illness such as hernia, heart trouble, or pneumonia is presumed to arise from their employment. This presumption can be disputed and may be contradicted by other evidence, but unless refuted, the appeals board is bound to presume that the injury or illness is work-related. This presumption extends to members following termination of service for three months for each year of their service, but not to exceed 60 months in any circumstance. Starting with the last date worked.

Labor Coder 3212 applies to: 

1. Members of a sheriff’s office or the California Highway Patrol
2. District attorney’s staff of inspectors and investigators 
3. Police or fire departments of cities and counties, cities, and counties whether those members are volunteer, partly paid, or fully paid.

Under labor code 3212.1, Firefighters may be entitled to certain cancer presumptions.

The law allows these specific classifications a legal presumption that their injury or illness is work-related. This presumption aims to reduce the burden on the injured public safety officer and assist them in proving their injury or illness is work-related. 

According to California Legislative information, injury, in this particular code, is a blanket term that includes cancer and leukemia that arises or manifests during a period in which any member described is in service of that department or unit. This labor code applies if a member demonstrates that they were exposed to a carcinogen defined by the International Agency for Research on Cancer while in service of the department or unit. 

Labor code 3212.1 also includes compensation that is awarded for cancer, including full hospital, surgical, medical treatment, disability damages, and death benefits. Additionally, cancer that develops or manifests itself in these cases shall be presumed to arise from their employment. This presumption is disputable and may be refuted by evidence that the primary site of specified cancer is established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to their disabling cancer. This presumption may be extended to a member following their termination of service for up to three months of each full year of their service, but to be at most 120 months starting with the last date worked in the specified capacity. Unless disputed, the appeals board will likely rule by this presumption.

Per labor code § 4850, while on a leave of absence or if permanently disabled resulting from a work-related injury. Specific occupations of firefighters and police officers may be compensated a whole year’s salary for up to one year. In some cases, if an individual is still unable to work due to their injuries even after the expiration of their salary continuation, the injured worker is entitled to temporary workers’ compensation benefits.

If the injury requires time off, police officers and firefighter employees generally receive 4850 benefits, granting them a year of full payment that is non-taxable. 

According to LC § 3212, anyone who falls under the following subsections may be eligible: 

1. An active firefighting member. Including full-time, part-time, or volunteers of fire departments for a county, city, or any other municipal corporation or political subdivision
2. Fire department belonging to the California State University (CSU) or University of California (UC)
3. Department of Forestry and Fire Protection
4. Active firefighting member of any fire department that works for the Department of Defense has met the Department of Defense firefighter standards. 
5. Active firefighters of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established by Article 4. 
6. Peace officers are primarily employed in active law enforcement activities.
7. Fire and rescue service coordinators employed by the Office of Emergency Services.

You are entitled to receive up to one year of the benefit within five years from the date of injury.  Labor Code Section 4850 Time should be able to be broken up into periods smaller than one year if there is a return to work and a subsequent total temporary disability period.

Before the start of benefits, injured employees can expect to wait three days before receiving benefits.

2-Year Benefit Limit for Most Cases

Benefits can only be provided for 104 weeks or two years for a typical workers’ compensation claim in California. The 104 weeks of benefits can be partitioned out over five years only if you do not need to use all 104 weeks consecutively.