Long Beach Office:
444 W. Ocean Blvd.,
Suite 400
Long Beach
California  90802
(562) 432-8421

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Disability Benefits

Safety Officers who are covered under the County Employees Retirement Law or the Public Employees Retirement System come under the benefit provisions of Labor Code Section 4850. It provides for up to one year's full salary, free from income tax, while an individual member is temporarily totally or permanently disabled from work. In contrast, non-safety employees who are temporarily unable to continue working because of an industrial injury or illness are only eligible to receive Temporary Total Disability benefits at two-thirds of salary up to the current limits at date of injury. These limits are well under 4850 benefits and are payable until the condition stabilizes to the point of maximum improvement.

In certain cases, non-sworn officers such as jailers and security officers who are members of CERL or PERS and are employed in active law enforcement have been held eligible for benefits under Labor Code Section 4850. This is not automatic and in many cases has to be litigated. Again, don't rely on your employer to do the right thing.

If the temporary disability of a Safety Officer extends beyond one year for any one injury, full salary is discontinued and temporary total disability benefits will be paid at the prevailing state rate.

Additional extended benefits may be available to individuals who have elected to purchase a long-term disability policy, privately or through group plans. It would be a good idea to take an afternoon or a day off to sit down and take inventory of any mortgage insurance, payment guarantee policies (most installment loans offer this option for very little cost), etc., that you may have available. Seriously injured officers have found that this type of loan insurance has greatly relieved the stress and hardship in their lives as they begin the long road to recovery and rehabilitation.

Medical Treatment

Members are entitled to medical treatment to cure and relieve the effects of their industrial injuries or illnesses so long as it is medically necessary. Treatment may continue for the lifetime of the injured worker, but an order from the Workers' Compensation Appeals Board is necessary in order to guarantee treatment beyond five years from the date of injury. It is therefore necessary to file a formal claim with the Workers' Compensation Appeals Board within one year after the date of injury, or the date your employer last provided benefits, but no longer than five years from the date of injury in order to guarantee future lifetime medical care.

Even though you may have waited longer than one year from the date your employer last provided benefits or longer than five years from the date of injury, seek competent legal counsel in order to determine whether the Statute of Limitations truly bars any further action. In certain cases, these time limitations can be extended.

The law allows members their choice of treating doctors, if they do so before the injury or illness occurs. Your employer is required to give you the opportunity to designate your own doctor, and if you fail to do so you will be assigned a doctor by whoever administers your claim. We recommend that you designate your own doctor because he or she has gotten to know you over the years and is in a better position to give you the best personal medical care rather than a stranger who is called in on an emergency basis. If no pre-injury choice has been made, your employer will control medical treatment until you have the opportunity to elect a change of doctors after thirty days from the date the injury is reported.

Permanent Disability and Disability Retirement

If medical treatment was not sufficient to completely cure and relieve the effects of your industrial injury, and a disability remains either by way of continued pain, limitation of motion or work restriction, a permanent disability may be awarded. Permanent disability is based on the evaluations of the doctors who have examined you. The award can be anywhere between 1% to 100%. If awarded, these benefits currently are payable at the current rate, depending on the date of injury, for as long as it takes to pay off the award. Permanent disability is usually paid after the injured worker's condition has stabilized.

Permanent disability is a different and separate benefit from disability retirement. If a member is medically restricted from continuing his or her normal duties, then a disability retirement may be available under the County Employees Retirement Law or the Public Employees Retirement System. Permanent disability payments may be received at the same time and in addition to retirement benefits and are awarded by the Workers' Compensation Appeals Board. Disability retirement benefits are awarded separately by PERS or CERL. Permanent disability payments are not subject to taxation.

Disability Retirement

Disability retirement is available regardless of the length of service and will provide the member with no less income than the member would have received by way of service retirement. Usually, but not always, Public Safety Officers receive half salary, tax-free, for the remainder of their lives. If the member is entitled to greater than 50% of salary by virtue of years of service, he or she will receive the full entitlement as though retiring on a service retirement. However, the difference between 50% and the full amount would be subject to taxation.Normally these benefits are payable in addition to whatever permanent disability award results from your Workers' Compensation claim.

Some departments have opted for different retirement plans which take credits against the Workers' Compensation benefits you receive. Therefore, since these can significantly affect your Workers' Compensation payments and benefits, it is important to seek the guidance of your professional association or an attorney who is experienced in these matters.

Disability retirement payments can be discontinued if the agency is later able to prove that the member has recovered from the injury. Following disability retirement, should the member die, one-half of the member's allowance may be continued to the surviving spouse or minor children depending on your contract. These benefits may continue under certain circumstances even though he or she remarries. Other options are available and can be sought at the time of application which would provide survivor benefits more suitable to the individual member's needs.

Disability retirement should be taken after the exhaustion of 4850 benefits, sick leave and other credits, excepting vacation. Vacations should be taken in a lump sum.

Following disability retirement, the member is entitled to hold outside employment, without limitation or credit against disability payments so long as the outside employment is also not under the same Public Employees Retirement System or CERL.

Some members have resigned or taken a service or ordinary disability retirement without realizing that they may, in fact, have been entitled to an industrial disability retirement. The latter, of course, has important income tax and survivor benefits. Whenever a member is contemplating retirement or resignation, it is extremely important that he or she contact their professional association or seek legal advice to determine the type of retirement most beneficial to them and to make sure that no Workers' Compensation rights are being ignored. Your association or your local bar association's Lawyer Referral Service can refer you to an attorney who is certified by the State Bar as a Workers' Compensation Specialist and who will provide an initial consultation without charge. Make certain, however, that the attorney is experienced in representing safety members.

Vocational Rehabilitation

Members who are eligible for benefits under the County Employee Retirement Law may receive Vocational Rehabilitation Temporary Disability payments in addition to their CERL disability retirement income. Depending on any contract amendments, local agency members may be eligible for vocational rehabilitation in addition to PERS Industrial Retirement Benefits. These benefits may be in addition to other payments. This is another important reason to check the rules as they apply to your particular agency. Your agency's contract may have rules that differ according to amendments as negotiated by your agency and PERS. Vocational rehabilitation benefits provide weekly payments, tuition, mileage expenses and other costs incident to being vocationally rehabilitated from your former employment. These benefits may be in addition to other payments and are not taxable. The PERS Service Advisor is an excellent source of up-to-date information. Their offices in Southern California are located at:

Los Angeles
107 South Broadway, Room 1490
Los Angeles, CA 90012
(213) 897-0917

Santa Ana
1200 North Main St., Room 534
Santa Ana, CA 92701
(714) 558-4604

San Bernardino
303 W. 3rd St., Room 214
San Bernardino, CA 92401
(909) 383-4431

San Diego
1350 Front St., Room 3012
San Diego, CA 92101
(619) 237-7653

The Public Employees Retirement System may defer the effective date of retirement on industrial disability until a program is completed if the member is receiving additional supplemental payments.

Vocational rehabilitation benefits must be requested within one year's time of a finding of permanent disability by the Workers' Compensation Appeals Board or from the date of the approval of a compromise and release of other issues by the Workers' Compensation Appeals Board.

Death Benefits

Safety member dependents are entitled to statutory death benefits under Workers' Compensation Law and for benefits available under PERS or CERL.

Death resulting from injuries arising out of employment may result in an award of weekly payments to the dependents. The amount and duration will depend on a number of factors too complicated to cover in any detail here. In addition, a burial expense benefit is also available. The Public Employees Retirement System may also pay a monthly allowance of one-half of the average monthly salary earned during the three years immediately preceding death, payable to the surviving spouse until their death or remarriage. Upon remarriage, there may be a reduction, or benefits may continue depending on any applicable contract modifications.

Public Safety officers who are killed in the line of duty have available to their dependents additional benefits from the federal government subject to yearly cost-of-living increases. These federal benefits are not applicable if death is due to occupational diseases (heart trouble, cancer, etc.).

Attorneys' Fees

The law does not require you to have an attorney represent you in connection with processing a Workers' Compensation claim. As a practical matter, however, you need to know that you will be opposed by an experienced Workers' Compensation attorney whose job is to minimize your recovery.

If you retain an attorney, the Workers' Compensation Appeals Board regulates the fees payable to your attorney. Currently, the range is between 9% and 15% of the disability amount ultimately awarded. If there is no money awarded to you, then no fee is payable to your attorney. This means that all attorney fees are contingent upon the outcome of your case.

Attorney fees are negotiable for Disability Retirement Appeals, and if you retain an attorney to represent you, a separate agreement will have to be made between the both of you regarding attorney fees.