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Retired California First Responder Workers Compensation
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By Deb Hipp
California Labor Code 3212 allows individuals who hold a stressful government job such as police officers, firefighters, corrections officers and other types of first responders to possibly be eligible for benefits under the California workers' compensation system for stress-related illnesses such as a heart attack, other cardiac events and other illnesses that arise out of the course of employment.
Even if you no longer work in a California first responder position or are currently retired from such a position, you might still be eligible for benefits. If a loved one died of a heart attack or other cardiac event, surviving family members may also be eligible for certain death benefits through California workers' compensation.
California Labor Code 3212 allows police officers, firefighters and other state or government employees who work jobs that put their lives at risk to claim compensation under the California workers' compensation system under a "presumption" that a disease, heart problem or other illness they develop is in certain cases related to work performed as first responders.
According to California Labor Code 3212, depending on the disease or illness, the presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service but not to exceed 60 months (or 120 months in the case of cancer or leukemia) in any circumstance, commencing with the last date actually worked in the specified capacity." The presumption factor in the labor law allows these workers to claim compensation without a lengthy and complicated court battle based on a presumption that their illness arose in the line of duty.
California Labor Code 3212 applies to California state workers whose work puts their health and life in danger. Those covered include:
Who is not eligible: Persons whose principal duties are clerical such as stenographers, telephone operators and other office workers.
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California First Responder Workers Compensation Background
California Worker's Compensation for Retired First Responders
According to California Labor Code 3212, depending on the disease or illness, the presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service but not to exceed 60 months (or 120 months in the case of cancer or leukemia) in any circumstance, commencing with the last date actually worked in the specified capacity." The presumption factor in the labor law allows these workers to claim compensation without a lengthy and complicated court battle based on a presumption that their illness arose in the line of duty.
First Responders Covered Under California Labor Code 3212
- Police officers, Sheriff's Office, California Highway Patrol, District Attorney's staff of inspectors and investigators.
- Firefighters, whether volunteers, partly paid or fully paid of a city, county, city and county, district or other public or municipal corporation or political subdivision, fire department of the University of California and the California State University or member of a fire department that serves a National Aeronautics and Space Administration installation.
- Fire and rescue services coordinators who work for the Office of Emergency Services.
- Corrections officers.
- Highway patrol officers.
- Forestry workers.
- Lifeguards employed by a city, county, city and county, district or other public or municipal corporation or political subdivision and active state lifeguards employed by the Department of Parks and Recreation.
Who is not eligible: Persons whose principal duties are clerical such as stenographers, telephone operators and other office workers.
Stress-related First Responder Conditions That May Be Eligible For Benefits
- Heart attack or cardiac event.
- Illness or death due to exposure to a biochemical substance.
- Pneumonia.
- Cancer, including leukemia.
- Tuberculosis.
- Hernia.
- Lyme Disease
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