Oakland Firefighter Workers' Comp Attorney
Are You an Oakland Firefighter Seeking Workers' Compensation?
Are you a firefighter who has sustained an injury while on the job? If so, it may be in your best interest to contact Pacific Workers', The Lawyers for Injured Workers, where we work to help injured firefighters obtain the compensation and benefits they deserve. Our firefighter workers' compensation attorneys in Oakland believe that as public safety workers who protect our community from harm, firefighters deserve to have legal professionals on their side who are truly passionate about what they do.
Firefighters are often of the mindset that injuries are just part of the job, and while you may be placing yourself in danger, it's important to prioritize your health and give yourself the time off until you're ready to work again. For public safety employees, there is no time limit on this, and 100% of your average weekly wage will be paid to you until you're healthy enough to work again. Once we know what tier your injury falls under, we will establish the compensation package that you deserve.
Were you injured while protecting our community from disaster? Get the compensation and benefits you deserve. Call (888) 740-6434 for a free case review in Concord or Oakland.
Do California Firefighters Get Special Workers' Compensation Benefits?
There is a mountain of dangerous jobs in the United States, but fortunately, their workers can file claims to get the financial and medical assistance they need to recover.
One of the most dangerous jobs is firefighting. Firefighters often suffer from work-related injuries that are entitled to worker's compensation benefits in the state of California. For this reason, the state also made it easier for firefighters to get medical benefits that are not considered work injuries if sustained in other jobs.
In essence, workers' compensation benefits provide medical, temporary and permanent disability, and death benefits. However, two more rules give firefighters more benefits:
- When you are injured and unable to work, you can receive one full year of salary in lieu of disability benefits, which is two-thirds of your salary;
- When you have a medical condition, it is presumed that it is a work injury. With that, you get the benefit of the doubt on the cause of the injury, which is something a person can't get from another job or industry. Because of this, you can get medical treatment and disability benefits, too.
If you believe that you are entitled to these benefits, it's best to reach out to a California workers compensation attorney so you can properly file a claim and get what is rightfully yours.
Can a Firefighter Get a Full-Salary Benefit?
Firefighters who qualify for a full-salary benefit are the city, county, or district firefighters, and this benefit is called 4850 benefits. However, this benefit does not include telephone operators, stenographers, clerks, machinists, mechanics, and other people that don't do active firefighting and prevention services.
If you are unable to work due to a work injury, a firefighter is entitled to one year of full salary, thanks to the “4850 benefits.” On the other hand, workers from other industries will only get temporary or permanent disability payments.
Another thing you should note is the 4850 benefits are not taxable, and after that one-year period, you can receive temporary disability benefits if you're still unable to work. This is because you cannot receive your 4850 benefits and disability benefits simultaneously.
What are the Medical Conditions Presumed to be Work-Related for a Firefighter?
To make things clear, a firefighter is a person providing fire fighting services who is either an apprentice, volunteer, or employee on a party or fully paid basis.
As mentioned earlier, there are medical conditions that are presumed to be work-related. Here are some of the medical conditions included in the list:
- Cancer
- Pneumonia
- Heart Conditions (High blood pressure, arteriosclerosis, abnormal echocardiogram)
- Blood-borne Infectious Disease
- Biological or Chemical Agent
- Meningitis
If you develop cancer, you'll have to show that you were exposed to a carcinogen while working and that there is a reasonable link between the carcinogen and the type of cancer. A carcinogen is anything that is identified by the International Agency of Research on Cancer.
You Don't Pay Unless We Win!
Unlike other firms that may be distracted by multiple legal practice areas, we are committed to the practice of workers' compensation alone. We stay on top of all laws pertaining to the field and maintain an in-depth understanding of the procedures that go along with workers' compensation cases.
At Pacific Workers', The Lawyers for Injured Workers, we take our jobs very seriously. Our legal team devotes their time and energy to ensuring each client receives the medical treatment and compensation that they need and deserve. In fact, throughout our 130+ years of collective experience, we have successfully helped thousands of clients maximize their compensation.
Clients continue to choose our workers' compensation firm for the following reasons:
- We are available to assist you 24/7
- We are backed by 130 years of combined experience
- We have been selected for California Super Lawyers® list
- We are not afraid to fight the insurance companies
- We do not charge clients anything unless they get compensation
Set up a free consultation! Call (888) 740-6434.
We understand the stress that you are likely experiencing after being unexpectedly injured in the field of duty. As such, when you retain our representation, we will address each of your concerns and answer each of your questions in order to help you obtain the peace of mind that you deserve. We will put your needs and the needs of your family first every step of the way. Should you choose to hire our firm, we will work tirelessly to help you recover the maximum compensation possible.
Regardless of how complicated your case may seem, you can be confident that if you work with us, we will put our best foot forward to help you obtain the maximum amount of recovery for your injuries. In order to do so, we will make ourselves available to you 24 hours a day and 7 days a week. Additionally, our firm runs on a contingency fee basis. You don't pay us unless we win!
Are you ready to get started on your workers' compensation claim? Contact Pacific Workers', The Lawyers for Injured Workers to schedule your free consultation. Call (888) 740-6434 now!
A Must-Read Pocket Guide
Our Firefighters Pocket Guide breaks down everything you need to know to protect yourself. From injury reporting to understanding your rights and benefits, this guide is packed with critical information tailored specifically to you.
- What to do if you are injured on the job
- What benefits you can collect under workers' comp
- How long your workers' comp case may take
- Potential outcomes you can expect
- What to do if your employer retaliates
- How OSHA violations can affect your case
- How to file a DWC-1 claim form
- Your options for medical treatment
- An overview of workers' comp trials
- Ways to settle your claim
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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They didn't give up on me.
“Pacific Workers went to bat for me. Was I an easy person to get along with, no but they didn’t give up on me.”
David W.
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Thank you for being so kind!
“I started my fight against my company's workers comp and after talking to Almarie for the first time I already felt a lot of weight off my shoulders.”
Jazzie D. Daly City, CA
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I'm forever grateful & thankful to all!
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
L.S. Union City, CA
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They took care of me!
“Bilal worked on my case and he was very professional, friendly, and kind to me. I was so nervous about my deposition and he made me feel very comfortable and less stressed about the whole situation.”
Gabi O. Sacramento, CA
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The most down to earth team I have ever met!
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
Nekealla C. Tracy, CA
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I got a compensation package that I was very happy with!
“My attorney provided me with a very smooth experience, patiently answered all my questions, and worked hard to represent my best interests.”
Dro L. Redwood City, CA
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I would highly recommend PWC!
“PWC's staff is knowledgeable and informative when it comes to answering your questions and ensuring you're well informed during the process.”
Patrick P.
Proudly Serving Northern California
Workers' Comp FAQ
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Am I Eligible for Workers’ Compensation?
In California, all employees are eligible for workers’ compensation with very few exceptions. If you are classified as an “employee” (rather than an “independent contractor”), you are eligible to receive benefits. This is true regardless of how many employees your employer has, how many hours you work, how much you make, whether you work part-time or full-time, or whether you are a seasonal worker. Additionally, undocumented workers are also eligible for workers’ compensation granted they meet all other eligibility requirements. In contrast, independent contractors and certain other workers, including some volunteers, household workers who are employed by a family member, and others, are not able to file for workers’ compensation benefits.
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Do independent contractors get workers’ compensation in California?
No, most independent contractors are not covered by workers’ compensation insurance that is provided by their employer. The law does not require most employers to offer this sort of employment benefit to independent contractors. To get workers’ comp as an independent contractor, you will usually have to purchase a policy on your own.
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Can't I Just File for Workers' Compensation on My Own?
Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.
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My Employer Said That I’m an Independent Contractor, Not a Regular Employee, so I Can’t Get Benefits. Is This True?
You’re not necessarily an independent contractor by law if the nature of your job doesn’t fit the description, an attorney may help analyze your situation and guide you in this matter. There are high chances of contractors being eligible for workers’ compensation benefits, so it’s always worth trying.
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What Can I Expect from the Workers' Compensation Process?
As soon as you reach out to us for help, we will assign you a full-time case manager and attorney. An application will be filed with the Workers' Compensation Appeals Board (WCAB) on your behalf. We will get started on your case immediately to help you receive the medical care you need. If we are unable to receive a fair settlement from the insurance company, we are ready and willing to take your case to trial. After a few months, you will most likely give a deposition. One of our highly experienced attorneys will prepare you and stand at your side the entire time. You don't even have to attend court hearings! One of our trained hearing officers or attorneys can attend on your behalf.
