Sherman Oaks Police Officer Injury Lawyer

Police officers are at an increased risk of injury due to the nature of their role. They might experience injury from gun violence, overexertion, or traumatic events. While police officers do qualify for workers’ compensation, their benefits differ from traditional employees. Working with a Sherman Oaks police officer injury lawyer can help you file an effective workers’ compensation claim to get the benefits you deserve.

Over 40 Years of Experience

The small size of Barry Law Group allows for individual representation that’s tailored to your needs. We have successfully represented workers’ compensation claims from clients in both the public and private sectors. Our honest and open communication, partnered with our targeted law strategies, have given us a stellar success record. Schedule a consultation today to learn how Barry Law Group can help you with your workers’ compensation claim.

What Is Workers’ Compensation?

Most employees in Sherman Oaks are protected through a workers’ compensation program. This program financially assists employees who are injured on the job. Workers’ compensation also provides benefits to individuals and their families who are killed or permanently disabled while at work. To qualify for workers’ compensation payments, an employee must meet the following requirements:

• The injury must have occurred at work and directly because of your work.
• The injury must have occurred while you were doing work-related behaviors. It cannot have been committed intentionally, and the employee must not be under the influence of drugs or alcohol while being injured.
• The injured employee must contact their employer as soon as possible to notify them that the injury occurred.

Why Do I Need an Attorney?

Officers who are injured while doing their job must file a claim with the Workers’ Compensation Appeals Board (WCAB). An attorney can help you gather evidence and correctly file the paperwork for your claim. This can often be quite a time-consuming process, so working with a workers’ compensation attorney can help you do this while you take time to recover from your injury or make funeral arrangements for a late loved one.

Workers’ Comp for Police Officers

The term “police officer” applies to a variety of roles, including:

• City or county police
• Park rangers
• TSA members and/or airport police officers
• Probation, correctional, and juvenile detention officers
• Harbor police

If a police officer is injured while they are on the job, they are entitled to up to a full year’s salary, without needing to pay taxes on it, under Labor Code 4850. They will receive these benefits for as long as they are unable to work. If they are unable to work for longer than one year, they then qualify for temporary disability, in which they receive two-thirds of their salary. They can only receive two years’ worth of disability payments every five years.

Certain injuries are considered presumptive injuries for police officers. This means that any injuries under this list are presumed to come from the police officer’s job and, thus, automatically qualify for payments under workers’ compensation. These injuries include:

• Cancer: For cancer to be eligible for a workers’ compensation case, an officer must prove that they were exposed to a carcinogen on the job and that the carcinogen is directly related to the cancer they have.
• Lower Back Issues: This is only considered a presumptive illness if the officer had to wear a duty belt and was an officer for at least five years.

Other conditions that automatically qualify a police officer for workers’ compensation include:

• Respiratory illnesses, like tuberculosis and pneumonia
• Infectious diseases, such as bloodborne pathogens and Lyme disease
• Heart issues, including high blood pressure or arteriosclerosis
• Exposure to bioweapons or other harmful substances

If an officer dies while at work, their spouse can continue to receive their health insurance benefits, and any children can receive them until the age of 21. They may also receive benefits on behalf of their loved one and compensation for their burial. These benefits depend on the situation and should be discussed with an experienced workers’ compensation attorney.

FAQs

Q: What Are Presumptive Injuries for Police Officers?

A: If a traditional employee were to file a workers’ compensation claim, they would need to prove that their job and/or workplace directly caused their injury. Due to the nature of a first responder’s job duties, there are certain injuries that are considered eligible for workers’ compensation unless an employer can prove otherwise. Presumptive injuries for police officers include heart issues, pneumonia, hernias, tuberculosis, and cancer.

Q: Who Is Covered by Workers’ Compensation in California?

A: In Sherman Oaks, most employees are eligible for workers’ compensation, with a few rare exceptions. If there is only one employee who also owns the business, then they do not have to purchase workers’ compensation insurance for themselves. Independent contractors are not employees, so they are also excluded from workers’ compensation. This also applies to volunteers, deputy sheriffs and clerks, and individuals who participate in amateur sports.

Q: Can I Use My Own Insurance Instead of Workers’ Comp in California?

A: Using your own insurance for a workplace injury in Sherman Oaks is possible, but it is usually not recommended. Some insurance companies will not provide compensation for injuries happening at work, as these are covered by your employer’s workers’ compensation insurance. Workers’ compensation could cover more bills and procedures than private health insurance, so it is usually a good idea to file a workers’ compensation claim instead of using private health insurance.

Q: What Is the Police Injury Protocol?

A: If an injury occurs to a police officer on duty, they can file a workers’ compensation claim. Depending on the type of claim they file, they might need to undergo different processes, like medical evaluations. Some officers are entitled to 4850 benefits, which is an untaxed year’s worth of 100% of their annual salary. After the first year, officers may receive temporary disability, which is two-thirds of an officer’s salary up to a maximum limit.

Contact Barry Law Group

Workers’ compensation claims often have strict deadlines for when they must be filed. To avoid missing out on benefits, schedule a consultation with Barry Law Group to review your options. Our close-knit firm can help you answer any questions you might have about the process and your eligibility for workers’ compensation. Reach out to us at (818) 538-2497.