Sherman Oaks Firefighter Injury Lawyer

On-the-job injuries are often very stressful experiences. They can be made even more so if the injuries are more severe, which is often the case for first responders like firefighters. After an injury at work, it is important to understand your rights and responsibilities so you can receive the compensation you deserve. To learn more about workers’ compensation for first responders, contact a Sherman Oaks firefighter injury lawyer.

First-Rate Service

Barry Law Group is dedicated to providing each client with personalized service. The attorneys at this boutique firm develop close relationships with their clients to help get them the benefits they deserve, which is why they are regarded so highly. They have experience with a wide range of injury claims, including workers’ compensation, traffic accidents, and personal injury claims. Contact Barry Law Group to see how they can help with your claim.

What Is Workers’ Compensation?

Workers’ compensation is helpful for both employees and employers. It provides employees with the ability to receive an income while they are recovering from an injury they sustained on the job, and it prevents the employer from being sued by the affected employee. Most workers’ compensation claims include money to cover the costs of medical treatment as well as supplementary income if the employee cannot work while recovering.

Why Do I Need an Attorney?

Certain workers’ compensation claims require extensive evidence and medical records before you can receive a payout. A workers’ compensation attorney can help gather this evidence and meet the important filing deadlines to help get you the highest amount possible. Seeking legal counsel for your workers’ compensation claim can help you receive assistance for medical care as well as temporary disability payments if you are unable to perform your normal duties.

Most workers’ compensation attorneys operate on a contingency fee basis. This means that once a settlement is paid out, the attorney receives a portion of the settlement as payment for their services. Depending on the attorney and the complexity of the case, they typically take around 10-15% of the settlement amount. An attorney can help you receive your payments on a timely basis so that you can cover basic living expenses while recovering from your injury.

Workers’ Comp for Firefighters

Firefighters and other public servants have slightly different rules than other employees regarding workers’ compensation.

4850 Benefits

According to California Labor Code Section 4850, public servants, like first responders, are entitled to an additional year of compensation if they are severely injured on the job. 4850 benefits consist of one year’s worth of the employee’s salary, which is untaxed. If the employee is still unable to work after one year, they are still eligible for temporary disability payments for an additional year. These consist of two-thirds of the employee’s annual salary.

Presumptive Injuries

Traditional employees must prove to their employer or a court of law that their injuries were caused by workplace conditions. Since first responders consistently face dangerous working conditions, certain injuries do not need to be proven and are presumed to be caused by their place of work. For firefighters, these injuries and conditions include:

• Cancer
• Heart issues, like high blood pressure
• Lung conditions, like pneumonia or tuberculosis
• Burns and broken bones
• Muscle strain due to overexertion
• Infectious diseases due to exposure to bloodborne pathogens, like Hepatitis, HIV, and more

Death Benefits

In the unfortunate circumstance that a firefighter dies while on duty, their spouse and their children (until the age of 21) are still able to use their health insurance benefits. They might also be eligible for death benefits, which can help cover the costs of a funeral. In some instances, families are able to receive death benefits on a weekly basis to make up for the lack of income from the deceased family member.

Sherman Oaks Firefighter Injury FAQs

Q: What Is the Fireman’s Rule in California?

A: The Fireman’s Rule is a California law that assumes that firefighters understand the risk of entering a burning building. If someone sets their house on fire due to negligence, then the firefighter cannot sue the person if they are injured from said fire. Civil Code 1714.9 allows for certain exceptions to this rule, especially if the fire was started on purpose or if a firefighter is injured due to another issue on the property that was unrelated to the fire.

Q: What Is the Employer’s Responsibility When a Worker Is Injured?

A: In Sherman Oaks, an employer must notify their employees of workers’ compensation requirements by posting information about them and providing a safe place to work when possible. If an employee is injured, the employer must provide the employee with appropriate medical treatment and paperwork. An employer must also fill out their own form reporting the injury to the state within five calendar days of the incident occurring or when the injury was discovered.

Q: Do You Get Paid If You Get Injured at Work in California?

A: Most employers must be insured to provide workers’ compensation to their employees in California, with very few exceptions. The amount that an individual can get depends on the scope of the injury and how much it interferes with daily functions. Some employees, like first responders, are eligible for additional benefits due to the risky nature of their work. To determine a specific amount that you are eligible for, contact a Sherman Oaks employment lawyer.

Q: What Should Be Done Immediately After an Injury in the Workplace?

A: The next actions after an injury takes place depend on the severity of the injury. If the injury is severe enough to require immediate medical treatment, emergency services should be called if they are not there already. If the injury is not an emergency, a medical appointment should still be scheduled. After this, the employee and employer must fill out separate paperwork, letting the state know that the injury has occurred.

Contact Barry Law Group

If the strict filing deadlines for workers’ compensation claims are not followed, then the claimant could lose out on important benefits. To receive an evaluation of your workers’ compensation claim, schedule a consultation with Barry Law Group. We can help answer your questions and outline your options in your unique situation.