San Jose Police/Peace Officer Work Injury Lawyer

San Jose Police/Peace Officer Work Injury Attorney

Injuries and death can happen in any work environment, but many are more dangerous. Law enforcement officers, like all public safety employees, are at a higher risk for injury than other forms of employment. If you are a police officer who was injured on the job, you qualify for workers’ compensation, and you may also qualify for additional benefits. It’s important that you work with a San Jose police/peace officer work injury lawyer to get the compensation you deserve.

Navigating the legal benefits system is not easy when you are recovering from an injury. An attorney can help guide you through the process and maximize the financial recovery you receive for a workplace injury.

Legal Representation for Injured Police Officers in San Jose

Our attorneys at Wiesner English, P.C., have focused our practice on standing up for employee rights. Law enforcement officers can suffer serious injuries while on the job, and they deserve compensation for those injuries. Our attorneys understand the unique legal options available for police officers, and they can use this information to maximize the compensation you obtain.

As you take the time to recover, our team can calculate the value of your losses and file your workers’ compensation claim. We can provide you with effective and compassionate legal support and guide you through the entire process.

Benefits for Police and Peace Officers

Like all employees, police officers receive benefits when they are injured on the job. These cover injuries that were caused by a sudden accident and developmental illnesses. The employee benefits through workers’ compensation include:

• The cost of medical care
• Partial wages through temporary disability payments
• Lost future income through permanent disability payments
• Death benefits for surviving family members

Law enforcement officers also receive other benefits. These include:

1. When certain police officers, including sheriffs, park rangers, airport law enforcement, and harbor police, are injured while working and cannot return to work for any amount of time, they can receive their full salary for up to one year. Disability benefits are typically ⅔ of an employee’s salary. If an officer still cannot work after a year, they may receive disability benefits.
2. When certain police officers develop certain illnesses or developmental conditions, they receive presumable benefits due to the assumption that this condition is work-related.

The aid of an attorney is essential to secure the most benefits for your type of employment in San Jose, CA.

Presumptive Benefits for Peace Officers

The police officers who qualify for these unique benefits are those who work in active law enforcement service. Depending on the unique medical condition, they may include police officers such as:

• City and district police officers
• County sheriff
• Harbor police
• Highway patrol
• Probation officers
• Park rangers
• Marshall
• District attorney investigator
• Arson investigator

These police officers may develop specific medical conditions during their lives, such as heart problems or blood-borne illnesses. Other employees may have a difficult time proving a connection between their work and their injury. However, police officers are presumed to have obtained their conditions due to their work. This presumption means that they can recover workers’ compensation benefits for those conditions, which include:

• Cancer
• Tuberculosis
• Hernia
• Pneumonia
• Meningitis
• Lyme disease
• Blood-borne infectious diseases
• Heart trouble that is more than solely high blood pressure
• Condition from a chemical or biological agent in a weapon of mass destruction
• Lower back injuries for officers who are required to wear duty belts

A police officer may still have to prove that there is a reasonable link between their condition and their work, such as exposure to a carcinogen. It is important to have an attorney by your side to get the benefits you need after suffering one of these conditions.

FAQs

Q: How Much Do Workers’ Compensation Lawyers Charge in California?

A: Workers’ compensation attorneys in California typically charge a contingency fee. This fee is a percentage of the final workers’ comp settlement, and it may be between 10% and 20% percent of the settlement. This percentage varies based on factors like the work required from the attorney and whether the case goes to trial.

A contingency fee means that there are no upfront attorney costs and no retainer fee. If your attorney does not secure you a workers’ compensation settlement, you do not owe them attorney’s fees.

Q: Do You Get Paid If You Get Injured at Work in California?

A: In most cases, yes, you can recover compensation through your employer’s workers’ compensation insurance policy. All California employers are required to carry insurance. There are some cases where workers’ compensation does not apply, such as if you were breaking the law or you purposely caused your injury. When your injuries are covered, you can receive coverage for medical costs and partial wages as you recover.

If your employer does not carry the required insurance, you could recover compensation through the Uninsured Employer’s Benefit Trust Fund or a personal injury claim.

Q: What Is the Workers’ Compensation Law for California?

A: Workers’ compensation insurance provides financial stability for employees who are injured or become sick while on the job. This system does not require anyone to be at fault for the injury, unlike the civil claims system. An employee can recover partial wages, disability benefits, and medical costs that resulted from their injury.

Employers with at least one employee are required to carry insurance in California, and failing to do so is a crime. Workers’ compensation insurance also protects employers from personal civil liability from injured employees.

Q: How Long Does a Workers’ Compensation Claim Take in California?

A: A straightforward workers’ compensation claim in California might be settled within 30 days. This happens when the initial claim is instantly approved by your employer’s insurance provider.

Unfortunately, insurance companies frequently contest good faith claims, and this lengthens the process. The provider may look for evidence of fraud or attempt to settle for a lesser amount than your injuries are worth. These claims can take months to resolve, and they may require a hearing or a trial. Even if you believe that your claim is straightforward, it’s important to work with an attorney so that your rights are protected from the beginning.

Protecting Law Enforcement Officers in San Jose

If you believe that you qualify for presumptive benefits due to your work or have been injured while working as a police or peace officer, you need a dedicated attorney. Contact Wiesner English, P.C., today.