Workers' Compensation in California is a "no-fault" system in which neither the fault of the employee nor employer is considered before benefits are paid.
Thus, negligence or intentional wrongdoing are generally irrelevant as to whether you receive workers' compensation. However, because it is a"no-fault," system under the law. There are no jury trials and any damages or recovery are often limited. .
Injured Workers do not receive "pain and suffering" damages in the workers' compensation system.
The California Labor Code provides for various benefits that an Injured Worker may be entitled to following benefits as a result of sustaining an injury on the job/line of duty:
Any injured worker is only entitled to 104 weeks of “aggregate disability payments” within a five-year period of each injury. An injured worker can only get two years of temporary disability benefits in total for each injury
Aggregate disability payments include the one-year full salary benefits that police officers get under Labor Code section §4850.10
In other words, a California police officer can get one year of “4850 benefits” at full salary and one year of temporary disability benefits at two-thirds of your salary totaling two years of aggregate disability benefits.
You may be entitled to receive "permanent disability" compensation if you suffer any permanent residual effects or permanent impairment from the injury.
A determination of the extent of permanent disability is based upon a review of the medical evidence, which can include your treating physician, or other physicians reporting for your employer and/or your attorney. The percentage of disability you receive is based on "impairment" as defined by the American Medical Association guides for impairment and may be payable even if you return to your usual and customary occupation.
The actual monetary value of any settlement is computed from a disability schedule adopted by the state of California.
Peace officers, firefighters, and other public safety personnel in California enjoy certain legal “presumptions” that are only granted by law to sworn safety officers, starting with Califiornia Labor Code Section §3212.
If they suffer from the following conditions, the law provides a REBUTTABLE (but seldom-rebutted) presumption that the injury or illness is job-related, along with other important benefits that we can tell you about:
This list is not all inclusive but merely outlines possible injury types.
Sworn safety members have been granted legal presumptions in proving certain injuries, and it is imperative that an injured worker be represented by an attorney knowledgeable about the legal nuances applicable to presumptions.
A presumption is a legal concept that shifts the burden of proof to the opponent. In workers' compensation, if an employee is entitled to a presumption for an injury, the burden of proof will then shift to the employer to rebut the presumption. This is difficult, if not impossible, to do. Further, if an injury is covered by a presumption, then apportioning any permanent disability to nonindustrial causes or other injuries is precluded, and the safety member receives the full amount of compensation for any resulting permanent disability.
Presumptive injuries are encompassed within Labor Code Section §3212 and §3213 and include conditions such as heart trouble, pneumonia, hernias (including hiatal hernias that cause gastrointestinal symptoms), cancer, tuberculosis, back trouble (peace officers only), MRSA and diseases caused by bloodborne pathogens.
Most recently, The California Legislature has recently of addeded PTSD( post -Traumatic Stress Disorder) to the presumptive category for all "first responders", a very foreseeable injury for those in the line of duty.
WE at MADANS LAW GROUP are committed and dedicated to obtaining all benefits to which you may be entitled under the Workers' Compensation system.
WE FIGHT HARD FOR THOSE THAT FIGHT HARD FOR US