California Highway Patrol Officer Injury Attorney
Working as a California Highway Patrol Officer is one of the most desired and honorable law enforcement positions in the United States of America. The training, by far, is some of the best training in law enforcement, and the job duties are some of the most diverse in all of law enforcement.
Unfortunately, the job duties associated with that of a California Highway Patrol Officer can also be some of the most physically demanding and emotionally taxing duties in law enforcement. It is because of the dangerous and demanding nature of the job that the California Legislature enacted special laws, known as presumptions, protecting California Highway Patrol Officers when they sustain specific injuries.
How Are California Highway Patrol Workers’ Compensation Cases Treated Differently Than Others?
California Highway Patrol CHP staff, especially patrolman have special laws that assist in obtaining workers’ compensation benefits.
Regular workers’ compensation benefits may not be the only consideration in a case involving a CHP employee.
Full Salary in Lieu of Temporary Disability
Based on Labor Code 4800.5, CHP who are injured in a specific injury accident are entitled to leave of absence while disabled without a loss of salary in lieu of temporary disability payments. That is, the employees are paid their full salary following an industrial injury, rather than the two-thirds paid for temporary disability. The benefits are paid for a period not exceeding one year. If the disability continues beyond one year, regular temporary disability is paid out as normal for the remainder of the disability.
Industrial Disability Retirement (IDR)
Not to be confused with IDL, Industrial Disability Retirement (IDR) is a benefit available to CHP employees (whose essential job functions are considered safety) who are medically eligible for retirement, because of a work related injury.
Essential Job Functions
Understanding CHP employees’ essential functions can be critical to multitude of issues both in the workers’ compensation system and other benefits provided by CalPERS. In safety cases, having an understanding of your essential job duties or your HR departments’ job description on your safety position can be a critical part of handling multiple issues in your case. We recommend you obtain a job description from your HR department and review it to ensure that it accurately reflects your job duties; then provide a copy to your physician who is to assess your ability to do the job.
Injuries involving heart, pneumonia, tuberculosis, hernia, lower back, meningitis, blood borne illness, cancer, MRSA, and biochemical exposure are given special consideration by workers’ compensation courts for California Highway Patrol employees who are considered safety officers. The heart, hernia, and lower back presumptions are the most common presumptions used, because those injuries are common.
The heart presumption is a critical one to understand, because heart conditions often go undetected. Our recommendation is that before any corrections employee leaves their job either through change in circumstance or retirement, they have their doctor schedule an echocardiogram (EKG) and EBCT Heart Scan to make sure the heart is functioning properly, especially if the employee has had a history of hypertensive disease. If not, the heart presumption can help get you workers’ compensation benefits if there is undetected symptoms.
To speak with the Orange County Workers Compensation Attorney about your claim(s), call (714) 202-0238.
Office Address (By appointment only):
902 1/2 E. Washington Avenue
Santa Ana, CA 92701
Telephone (714) 202-0238
Office Address (Main Office):
505 North Tustin Avenue. Suite 103
Santa Ana, CA 92705