Santa Clara Firefighter Injury Lawyer

Santa Clara Firefighter Injury Attorney

Firefighters often put themselves in harm’s way while responding to emergencies and entering burning buildings. Unfortunately, this means injuries will happen. If you are a firefighter and you have been hurt on the job, you need a Santa Clara firefighter injury lawyer who can help you understand your rights and options for compensation.

Primary Risk Factors for Firefighter Injuries

Everyone knows that firefighting can be a dangerous job and that firefighters put their own safety on the line to help others. This means their risk of death or injury is higher than many other occupations due to the potential of:

• Falling from high places
• Burns and exposure to high heat levels
• Lung damage from smoke inhalation
• Exposure to chemicals and biological agents
• Vehicle accidents in fire trucks
• Structural collapse
• Explosion injuries

Long-term exposure to hazardous chemicals and inhaling smoke can lead to cancer, asthma, chronic obstructive pulmonary disease (COPD), and heart attacks. The physical impact of the occupation can lead to back, shoulder, and knee injuries, mental health issues, and hearing loss.

How California Law Addresses Presumptive Injuries

California Labor Code acknowledges the health risks that come with firefighting and establishes legal presumptions. These presumptions link certain conditions to on-the-job exposure to hazardous materials and dangerous situations. It allows firefighters to access benefits if they develop certain conditions without having to prove it is work-related.

These conditions include:

• Cancer
• Heart attacks and strokes
• Pneumonia
• Tuberculosis
• Hernias
• Post-traumatic stress injury (PTSI)
• Blood-borne infectious diseases like HIV and Hepatitis
• Bio-chemical exposures

Workers’ Compensation for Firefighters

If an employee is hurt on the job, they may be entitled to workers’ compensation. This provides support for the employees as they heal so they can return to the job. Workers’ comp includes medical care, temporary and permanent disability benefits, wage replacement, and job retraining.

Enhanced Workers’ Compensation Benefits

On top of the usual workers’ compensation benefits workers may receive in California, firefighters are entitled to special workers’ compensation under the California Labor Code 4850. These are often called “4850 benefits” and include one year’s pay at full salary when the firefighter cannot work due to injury. This is available for city, county, and district firefighters.

Firefighters Can Receive Damages Beyond Workers’ Compensation

Sometimes, a third party may be completely or partially responsible for the injury, so a third-party liability claim may be filed by the firefighter. California recognizes the Fireman’s Rule, which lays out the circumstances under which a firefighter can file a personal injury claim against a property owner.

A claim can be filed if the property owner’s negligence contributed to the fire that caused the firefighter’s injury. A case cannot be filed for injuries the firefighter sustained while performing their job duties, but possibly could be filed if:

• The fire or what caused the injuries happened due to an intentional or negligent act by another party.
• Another party was acting in an unsafe manner while the firefighters were present.
• The injury resulted from an act of negligence by a third party that was unrelated to the emergency that required the firefighter’s response.

Some situations where a firefighter may be injured by the negligence of a third party include:

• A driver caused an accident with a fire truck while en route to an emergency.
• A tool or piece of equipment was defective, meaning the manufacturer could be held liable.
• A company could be held liable for negligently storing or transporting hazardous materials and a firefighter is injured during an incident response.

The damages that could be recovered in a personal injury case will be more substantial than a workers’ compensation alone. You could receive monetary compensation for medical expenses, pain and suffering, lost wages, physical disabilities, disfigurement, loss of life enjoyment, and more.

How Can an Attorney Help Your Case?

An experienced attorney in Santa Clara understands the ins and outs of California law. They can investigate the incident, gather important evidence to establish liability, represent you in court, protect your rights, provide support, and fight for the compensation you deserve.

FAQs About Santa Clara, CA Firefighter Injury Laws

What Types of Injuries Do Firefighters Commonly Face?

Firefighters can experience physical injuries like sprains, back injuries and fractures, burns, lung damage from smoke inhalation, cuts and lacerations, concussions, heart attacks, heat exhaustion, and stroke. Some firefighters may also develop mental illnesses like post-traumatic stress disorder (PTSD), depression, and anxiety. Some injuries may not be immediate and may develop later in their lives, including cancer, hearing loss, heart disease, and COPD.

Are There Special Benefits Available for Firefighters in California?

Yes, California firefighters have access to enhanced workers’ compensation benefits like one year’s full salary if they are unable to work due to a job-related injury, medical benefits, retirement benefits through the California Public Employees’ Retirement System (CalPERS), and service-connected disability retirement if they become disabled due to job-related injuries or illnesses.

What if I Am a Volunteer Firefighter?

Many firefighters are volunteers, so California law extends workers’ compensation protection to volunteer firefighters and other volunteer emergency service personnel. Even though they are volunteers, the law views them as employees when it comes to workers’ compensation. This means your injuries on the job will be covered to the same degree as paid firefighters, including medical treatment and costs, rehabilitation costs, and disability benefits.

What if My Workers’ Compensation Claim Is Denied?

If your workers’ compensation claim is denied, you have the right to appeal the decision. You will receive a denial letter that lists the reasons for the denial, which can provide an understanding of what information you need for an appeal. We recommend discussing your case with an attorney who can guide you through the appeals process and represent your interests.

Discuss Your Case With a Santa Clara Firefighter Injury Lawyer

If you or your loved one is a firefighter who has been injured while on duty, Wiesner English, P.C. can help you recover the compensation you deserve. Contact us today for a free consultation so you can understand your legal options and have your questions answered.