Compensation Benefits for Injured Safety Officers
In recognition of the unique hazards of their jobs and their
inherent importance to society, the legislature has granted state and local
Safety Officers unique benefits under the Workers' Compensation Laws of the
State of California. Unfortunately, these benefits are not automatically
available and may be denied if the injured officer does not protect his or her
Workers' Compensation rights beginning the moment they are injured or become ill
on the job.
Loyal officers are often disappointed to learn that when they
suffer an injury or illness in the line of duty that they have entered an
adversarial system which pits them against the department that they have
faithfully served. The first rule-of-thumb when you are
injured is never take for granted that the employer will do the right thing.
Even though you may have had a good relationship with your department and your
supervisor, your actual claim will usually be administered through a claims
department, sometimes called a Risk Management Department, or an adjusting
agency that is far removed from the day-to-day supervision you enjoyed as a
member of a law enforcement team. No matter what the department or person
handling your claim is called, always keep in mind that as far as you are
concerned, the bottom line is that their job performance is measured on the
basis of how little they have to pay out in claims made by injured workers.
If the adjusting agency or Risk Manager
considers the matter serious enough to warrant the taking of your signed or
recorded statement, it is serious enough for you to seek legal counsel before
you make any further statement about your injury or illness.
You will have no Miranda Rights to protect you in the Workers' Compensation
process.
Safety Officers should not be lulled into a false sense of
security, believing that certain types of injuries or illnesses are
automatically covered because of their Safety Officer status. Labor Code
Sections 3212 & 3213 state that hernias, heart trouble, pneumonia and
certain types of cancers are presumed to have been caused by employment.
Safety Officers should not blindly rely on these
presumptions. All the employer needs to do is to submit controverting evidence
and the presumption may be rebutted. Unless you have a medical report in support
of the presumption, you lose.
The message here is simple: Don't take chances with your
rights; know the facts!
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