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CALIFORNIA FIREFIGHTERS INJURED DURING WILDFIRE: INJURED WORKERS IN THE NEWS, #121

Posted on June 4, 2024 by Edward Singer

Per the Dailymail.com, in California, two Firefighters sustained minor to moderate burns while putting out a wildfire. The two were hospitalized as a result.

This series of facts raise important workers’ compensation law issue. This fact pattern will address this matter within California Law.

Do the Parts of the Body Injured Matter?

Yes. In California, parts of the body do matter. For a variety of reasons, there are special benefits or rights that are afforded with respect to certain body parts. In the matter presented, the injuries were burns. As a result, a special provision of Labor Code Section 4656 may apply. This provision would potentially allow the Firefighters to obtain extended Total Temporary Disability Benefits.

Per the Labor Code Section 4656, “(3) Notwithstanding paragraphs (1) and (2), for an employee who suffers from the following injuries or conditions, aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury:

(A) Acute and chronic hepatitis B.

(B) Acute and chronic hepatitis C.

(D) Severe burns.

(E) Human immunodeficiency virus (HIV).

(F) High-velocity eye injuries.

(G) Chemical burns to the eyes.

(H) Pulmonary fibrosis.

(I) Chronic lung disease.

(d) Notwithstanding subdivisions (a), (b), and (c), for an employee who suffers from an injury or condition defined in Section 3212.1, aggregate disability payments for a single injury occurring on or after January 1, 2023, causing temporary disability shall not extend for more than 240 compensable weeks.”

In essence, a “severe” burn injury would allow a Firefighter in this instance, total temporary disability benefits of up to 240 weeks within a period from five years from the date of injury. This is far better than the usual 104 weeks allowed regular injury claims.

In this matter, however, a determination must be made as to what is a “severe” burn. This is something that is arguably both a legal and medical determination. In this instance, would a moderate burn be considered as severe? Hypothetically, could a less than moderate burn be considered severe if it covered 80 percent of an individual’s body? These are questions that would be initially opined by medical professionals. After that, a Trier of Fact, a Workers’ Compensation Judge would render an opinion on the matter.

What If I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

Tesla Crashes Into Fire Truck: Injured Workers in the News, #77

Posted on February 20, 2023 by Edward Singer

In California, a Tesla Driver died when his car slammed into a Fire Truck. It is reported that several of the firefighters at the scene were slightly injured. The cause of the accident is being investigated. Intoxication or possibly the Tesla’s Autopilot may be the cause. dailymail.com

If The Tesla Driver Was At Fault, Can The Firefighters Pursue Workers’ Compensation Claims?

Yes. The Firefighters were injured in a circumstance that arose out of employment and was in the course and scope of employment. Thus, they satisfy the AOE/COE requirement to pursue a workers’ compensation claim.

If The Firefighters Were Injured In the Same Accident, Will They All Get the Same Compensation?

No. Each workers’ compensation case is based upon the individual and the nature and extent of their personal medical conditions. Likewise, there compensation is also impacted by their wage, their age and their occupation. It is quite possible that two of these firefighters could have sustained identical injuries but receive different amounts of compensation. For example, a very young worker could receive less than a much older worker.

Do The Firefighters Have Another Lawsuit to Pursue?

Possibly. It appears that either the Tesla Driver or the Tesla Vehicle may be responsible for the accident. A thorough investigation is necessary to determine who, if any, was negligent. The reporting to date provides no indication.

What if I Need Advice?

FIREFIGHTER INJURY FREQUENCY AND WORKER’ COMPENSATION: WHAT YOU NEED TO KNOW

Posted on September 27, 2021 by Edward Singer

In California, the State, Counties, Municipalities, and Cities employ Firefighters. Firefighting, like other safety positions, are dangerous occupations which have significant risk of injury. Firefighters are expected to and are willing to put themselves in harm’s way to save lives. Due to their injury rates, data concerning Firefighter Work Injuries have been studied as to the nature of their work injuries and their injury rates. A recent RAND study provides some insight into the challenges that Firefighters face.

What Are Firefighters’ Work Injury Rates Compared to Others?

Compared to other occupations, Firefighters have high injury rates. Their rate is slightly less Police Officers. Between 2005-1017, the rates were 200 per 1000 workers for Firefighters. This rate is compared to 35 to 50 injuries per 1000 for all workers. Dworsky M, Seabury SA, Broten N. The Frequency and Economic Impact of Musculoskeletal Disorders for California Firefighters: Trends and Outcomes over the Past Decade. Rand Health Q. 2021;9(2):4. Published 2021 Aug 16.

What Are the Most Significant Injuries That Firefighters Sustain?

Of all types of injuries, 47 percent of all Firefighter injuries were musculoskeletal in nature. Supra.

What Body Parts Do Firefighters Injure?

Compare to other occupations, Firefighters sustain more trunk, ie spine, and lower extremity injuries versus upper extremity injuries than other occupations. Supra.

What Are the Causes of Injury for Firefighters?

Strains are the most common cause of injury for Firefighters. Also, burn injuries are more common for firefighters. They represent 6 percent of their injuries. Supra.

Do Firefighters Seek Psychiatric Treatment for Musculoskeletal Disorder Injuries?

It was found that there was no difference between psychiatric issues for firefighter versus workers in similar occupations. Supra.

The caveat to this issue is whether Firefighters use their own health insurance to address psychiatric issues rather than workers’ compensation. Further, there is also the stigma problem. Firefighters may not want it known to Management and co-workers that they have mental health issues.

What If I Need Legal Advice?

If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.

WORKERS’ COMPENSATION IN THE NEWS #8: CAN A FIRE CAPTAIN FINGER LIABILITY ON A PROPERTY OWNER FOR A WORK INJURY?

Posted on September 17, 2021 by Edward Singer

In Los Angeles, a horrific property fire happened at a Vape Shop which included an explosion. As a result, a number of firefighters sustained injuries trying to put out the fire. A Fire Captain sustained serious injuries which included the loss of fingers.

It was reported that he is now suing the property owner for negligence. The allegations of negligence concerned the owner’s storage of both nitrous oxide and butane containers in excess. Dailymail.com

Was the Fire Captain’s Injuries a Workers’ Compensation Injury?

Yes. The Fire Captain was in the course and scope of his duties when putting out the fire. Therefore, he is entitled to pursue a workers’ compensation case.

If the Fire Captain Filed the Civil Suit Against the Property Owner, Can He Still File a Workers’ Compensation Claim?

Yes. Many Work Injuries are caused by Third Parties. A Third Party is someone other than the Employer. Based upon the alleged facts, the Fire Captain could pursue both a workers’ compensation claim and a civil lawsuit. He did not have to choose between one or the other.

Can an Injured Worker Collect Separately From Both a Workers’ Compensation and a Civil Claim?

Not necessarily. Many times, the Insurance Company for the Workers’ Compensation will join in the Civil Lawsuit. This is called subrogation. They, like the Injured Worker, are entitled to collect a recovery from Third Party that was liable for the work injury. The division of the proceeds from a Civil Action would be dependent on the facts. For example, if the Workers’ Compensation Insurance paid out a lot of money in medical care, their lien on the Third Party case may be quite substantial. They would command a considerable amount.

Is There Any Special Benefits a Fire Captain Can Receive from This Work Injury?

Yes. There are two special benefits. First, the Fire Captain is entitled to salary continuation for up to one year pursuant to Labor Code Section 4850. Second, the Fire Captain, due to finger amputations would be entitled 240 weeks of TTD benefits as opposed to the 104 week limitation. This is per LC 4656.

Why Would the Fire Captain File a Civil Claim?

A Civil Claim provides for different types of damages. For example, wage loss would be a factor. In light of the Fire Captain’s loss of fingers, he may have substantial wage loss as his firefighting career may be over.

What If I Need Legal Advice?

WORKERS’ COMPENSATION IN THE NEWS #7: WHEN LIFE SAVERS LOSE THEIR LIVES

Posted on September 10, 2021 by Edward Singer

A California Firefighter recently died when battling the State’s second largest wildfire, the Dixie Fire.

While the individual who died was not identified, it would appear that he worked for CALFIRE and was an Assistant Fire Engine Operator with the Lassen National Forest. It was reported that he suffered from a previous illness. Foxnews.com

What Type of Claim Can Be Filed When A Worker Dies?

In the event of a death, the Injured Worker’s dependents may pursue death benefits. Dependency can vary depending upon a variety of factors. These factors include the amount of support provided, the dependent’s age and the dependent’s marital status.

If Someone Had a Pre-Existing Medical Condition and Dies On the Job, Would That Impact a Death Claim?

Possibly. If work had a causative role in the death, then death benefits would be indicated. If work had absolutely no causative role, then a death claim may not be viable. The causation decision is made per medical opinion and legal statutes. For example, for certain firefighters, a heart presumption applies. This presumption can impact the medical provider’s opinion on causation.

For Firefighters, Are There Special Benefits in the Event of Death Claims?

For certain Safety Members, there are special benefits that apply. For certain dependents, they may be eligible for a special death benefits retirement through CALPERS. In that circumstance, a dependent will have to choose a special death benefit pension versus workers’ compensation death claim. Other dependents may have to pursue death benefits via the workers’ compensation appeals board. See Jones v. CDCR Kern Valley State Prison, 2014 Cal. Wrk. Comp. P.D. LEXIS 461

Are Burial Expenses Provided?

Yes. Workers’ compensation death cases provide for burial expenses. The current amount of the expenses is $10,000.00.

What If I Need Legal Advice?