Workers’ compensation benefits in California have improved dramatically since Governor Hiram Johnson passed the first WC laws in 1911. Those early laws required employers to provide benefits if employees were injured or sick due to their jobs. The laws stipulated that benefits should be awarded regardless of fault. However, the laws 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.
Learn more about our Sacramento Workers’ Compensation Attorney Services.
The Change to Workers’ Compensation Laws
In the early 1970s, the California legislature changed the law to include police and other peace officers. However, employers and insurance companies can still challenge workers’ compensation benefit payouts. Aggressive workers’ compensation attorneys can make all the difference for someone battling for permanent benefits.
Today, workers’ compensation benefits for law enforcement remain essentially the same: They are a no-fault system that provides financial assistance and medical treatment for employees who are hurt or get sick 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 permanently disabled due to a work injury may also qualify 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, family members can receive death benefits, which include funeral expenses, lost wages, and a one-time lump sum payment.
Other 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 police officers suffer 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 presumptive benefits (or any workers’ compensation benefits). This is why having an experienced workers’ compensation attorney can be so valuable to police officers. A workers’ compensation attorney will guide you through the process and make sure you get what you are owed.
If you have been injured on the job and offered a settlement, call Eason & Tambornini at (916) 438-1819 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.
