At Sacramento Workers’ Compensation Attorneys P.C., we know firefighters are exposed to occupational hazards daily because we have represented firefighters in the region for over 25 years. Our workers’ compensation attorneys have the reputation of being among the most aggressive and seasoned attorneys in the Sacramento area when it comes to presumptive workers’ compensation benefits claims for firefighters.
What Are Presumptive Workers’ Compensation Laws for Firefighters?
Some of the most important workers’ compensation benefits for firefighters are those governed by presumptive laws, which presume specific illnesses and injuries are job-related. This is because specific injuries or illnesses are so common among employees in a particular line of work, like firefighting, that it is automatically assumed it was due to work-related reasons. Additionally, with presumptive injuries or illnesses, it is the employer’s job to prove the condition is not job-related.
SB 1127: Extends Presumptive Benefits in Three Ways
Passed in 2022, SB 1127 took effect January 1, 2023, and can be applied only to injuries/illnesses occurring since then. The legislation adjusts presumptive workers’ compensation benefits in three critical ways. It is even more reason why having a workers’ compensation attorney who maintains an up-to-date understanding of California’s essential workers’ compensation laws is vital to your claim’s success.
Here is a summary of what SB 1127 changes about presumptive injury workers’ compensation benefits:
- SB 1127 extends the maximum time a California firefighter diagnosed with cancer could receive workers’ compensation wage replacement benefits from 104 weeks to 240 weeks.
- SB 1127 reduces the deadline for employers to deny liability for presumptive claims. Before the passage of SB 1127, California employers and their insurance carriers had 90 days to reject liability in presumptive injury claims; now, the threshold is 75 days.
- SB 1127 increases employers’ penalties if they reject a qualifying presumptive claim. If the denial is deemed “unreasonably rejected,” the penalty imposed can be up to five times the amount of denial, up to $50,000.00.
What Are the Presumptive Injuries and Illnesses for Firefighters?
The California Labor Codes that apply to presumptive illnesses and injuries for firefighters include:
- Bio-chemical exposures
- Blood-Borne Infections Disease and Methicillin-Resistant Staphylococcus Aureus (MRSA)
- Cancer
- COVID-19
- Heart, Hernia, and Pneumonia
- Meningitis
- Post-Traumatic Stress Injury (PTSI)
- Tuberculosis
Why You Need a Workers’ Compensation Attorney for a Presumptive Injury Claim
Hiring a workers’ compensation lawyer for your presumptive injury workers’ compensation claim can significantly improve your chances of receiving fair compensation if you are a firefighter who has suffered an on-the-job or job-related injury or illness.
Furthermore, a workers’ compensation attorney with specific experience in presumptive injury claims is essential if your claim is denied. Our workers’ compensation attorneys regularly take on insurance companies and negotiate successful, fair settlements for our firefighter clients because they know the burden of proof is on the employer, not the employee.
Call Sacramento Workers’ Compensation Attorneys, P.C. and Get Protected
Sacramento Workers Compensation Attorneys, P.C. have been helping firefighters navigate the workers’ compensation system for more than twenty-five years, and our promise to you is that we will charge no fees until you win. Call 916-288-9193 today to schedule a free, no-obligation consultation with a workers’ compensation attorney to discuss the facts of your case.