As a first responder, the nature of your job means the injuries you face are unique, whether you’re responding to fires, accidents, violent accidents, or medical emergencies.

From burns and fractures to PTSD and cancer, your job exposes you to dangers few others can imagine. The recent California wildfires have only added to these risks. Here are the common injuries risks and injuries you face as a first responder:

• Physical Injuries: Burns, fractures, brain damage, sprains, smoke inhalation, back and neck injuries, exposure to hazardous chemicals and other materials, concussions, hernias, and spinal cord injuries.
• Psychological Injuries: PTSD, with one in three first responders affected, especially after traumatic events like fires and rescues.
• Occupational diseases: Heart disease, infectious diseases, respiratory issues, and cancers due to prolonged exposure to smoke and chemicals.

Workers’ compensation is designed to provide support, but first responders like you still encounter many challenges during the claims process.

Common problems include disputes over the legitimacy of a claim, disputes over the severity of the injury or illness, or delays in processing benefits. In some situations, a claim might be denied, or there may be disagreements about the benefits you receive.

In these situations, you maintain the right to appeal the decision. The appeals process generally involves requesting a hearing before the Workers’ Compensation Appeals Board (WCAB) to resolve disputes and seek a fair resolution.

In these situations, it is crucial to have a knowledgeable workers’ compensation attorney. With expert legal assistance, you can rest assured that you will have an attorney in your corner to help gather evidence, prepare for hearings, and advocate on behalf of the first responder to make sure that their rights are protected and that they receive the benefits they’re entitled to.

In California, workers’ compensation laws are designed to supply employees who are injured or become ill due to their jobs with financial and medical support.

For first responders like you, the benefits and protections under California workers’ compensation laws are particularly comprehensive due to the high-risk nature of your work. Benefits you could be entitled to include:

• Medical treatment for your injury or illness (including hospital visits, surgeries, rehabilitation, medication, PTSD coverage, and more)
• Temporary disability benefits to replace lost wages while unable to work
• Permanent disability benefits if the injury results in long-term or permanent impairment that impacts your ability to earn a living
• Death benefits for dependent family members
• Continuous trauma claims for repetitive motions or exposure to harmful conditions that gradually cause a debilitating condition

It’s crucial to ensure you receive appropriate medical care and adhere to your healthcare provider’s recommendations to facilitate recovery.

Yes, generally, injuries you suffer while performing job duties are covered by workers’ compensation. This includes severe injuries like losing a limb, eyesight, or hearing, as well as burns. In some departments, if you get medically retired, you could even get half your salary tax-free for life.

Just as importantly, even volunteer firefighters are often considered municipal employees and, thus, eligible to receive workers’ compensation benefits for injuries suffered on the job.

Yes, California law presumes PTSD is work-related for firefighters and peace officers. Starting January 2025, EMTs and paramedics will also be eligible. We can help you get the treatment and compensation you need and deserve.

If you’re out of work on workers’ comp and your health benefits have been stopped, it could be due to confusion between your workers’ comp claim and FMLA leave.

While FMLA protects your job and health benefits for up to 12 weeks, workers’ comp should continue providing you with disability benefits and protect your health benefits as long as you’re receiving compensation.

If your benefits are cut off, it may be an error, and you should contact your workers’ comp adjuster or an attorney to ensure your health benefits are properly maintained under workers’ comp law.

If you’re struggling with delayed payments or health insurance coverage, seek legal assistance to explore your options.

If you suffer an injury or become ill on the job, file a workers’ compensation claim immediately. The claims process generally starts with reporting the injury or illness to your employer.

In California, employees must report their injury or illness within 30 days of its occurrence to qualify for workers’ compensation benefits. You will also want to start getting medical attention to get the necessary documentation. This documentation could include medical evaluations, documentation of job-related exposure, and compliance with specific reporting requirements.

You will also want to file a claim with the employer’s insurance carrier. Your employer is required to provide the necessary forms and assist with the filing process. It’s essential to complete all forms accurately and provide all required documentation to avoid delays or complications.
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An experienced workers’ compensation attorney can help manage the challenges of the claims process, make sure that all necessary paperwork is completed, and advocate for the fair treatment of your claim.

California has specific legal provisions known as “presumption laws” that are designed to protect first responders by ensuring that certain injuries and illnesses are presumed to be work-related, making it easier for first responders to qualify for workers’ compensation benefits. For example, California Labor Code Section 3212 details certain types of injuries and illnesses suffered by firefighters, peace officers, and other specified first responders that are presumed to be job-related. The presumption can apply to conditions such as heart disease, cancer, and respiratory ailments, which are often linked to the strenuous hazardous nature of their work.

Presumptive cancer coverage for firefighters exposed to carcinogens during their work is also important to understand, as are full salary benefits under Labor Code 4850 for public safety officers who are injured in the line of duty.

Still, while these presumptions can streamline how fast you receive benefits, they are far from automatic. First responders still need to provide evidence of their injury or illness and demonstrate that it meets specific criteria for this presumption to apply.

Collecting this evidence entails medical evaluations, documentation of job-related exposure, and compliance with reporting requirements, all of which a first responders workers’ compensation lawyer can handle for you so you can focus on healing.

On top of physical injuries, first responders like you often face acute mental health challenges as a result of the traumatic nature of your work. California’s workers’ compensation system recognizes the importance of addressing mental health issues and provides avenues for support.

In 2019, California enacted Senate Bill 542, which gives you a rebuttable presumption that PTSD caused by on-the-job trauma is coverable under workers’ compensation law.

For those suffering ailments, such as post-traumatic stress disorder (PTSD), severe anxiety, and depression, it is possible to file mental health claims for treatment and support. Benefits you could receive include counseling, therapy, and other mental health services.

Continuous trauma claims are also an option, which are legal claims made when someone experiences ongoing or repeated traumatic events over an extended period, causing a significant psychological or physical impact. These are also known as “cumulative trauma claims.”

This type of mental health support can play a pivotal role in a first responder’s overall well-being and recovery. Employers and workers’ compensation insurers should ensure mental health services are accessible and first responders receive the support they need to cope with the emotional demands and strains they experience on the job.

It’s important to note that while first responders are encouraged to seek care for mental health more than they were in the past, outdated stigmas can lead to workers’ comp claim denials or, even worse, first responders not seeking the mental health support they need.

Don’t let stigma get in the way of your health and happiness. 

You may be eligible for injuries you sustain during training, but it depends on whether it is mandatory or voluntary. Injuries suffered during mandatory training are typically covered, but voluntary, off-site, non-employer-directed, and unpaid training might not be.

Ultimately, each situation is unique and will be investigated independently on a case-by-case basis.

California offers presumptive coverage for injuries related to your profession, such as PTSD and cancer. This means certain conditions are automatically assumed to be job-related, making it easier for you to get the benefits you deserve.

Three of the most important pieces of advice for first responders navigating the worker’s compensation process for the first time are:

• Keep detailed records of all medical visits, treatments, and communications with your employer and insurance company. We advise getting a notebook and documenting mileage to appointments, pharmacies, etc. Also, document all calls and conversations.
• Ensure all forms and claims are filed promptly to avoid delays in receiving benefits. This could require some initiative. If you want your claim number, for example, you can call the insurance company, and they can tell you your claim number over the phone.
• Work with a first responders workers’ compensation attorney from the beginning. Premier attorneys like SoCal Workers’ Comp will handle all aspects of your claim, from documentation to filing forms promptly to, if necessary, navigating appeals.