• Public Safety Workers

    • How Much Does It Cost to Hire a Lawyer to Help With a Public Safety Employee Workers’ Comp Claim?
      Should our team at the Madans Law Group agree to represent you, we will handle your claim on a contingency basis. This means you will pay no fee unless we secure recovery, so there is no risk or obligation when discussing your case with us.
    • What if My Injuries Prevent Me From Returning to Work as a Public Safety Employee?
      If your injuries are serious enough that you can no longer safely or dependably perform your previous job responsibilities, you are likely entitled to compensation for training or education in addition to disability compensation. If you were injured prior to January 1, 2004, you may be able to receive “vocational rehabilitation” funding of up to $16,000. If you were injured in 2004 or later, you may instead get a supplemental job displacement voucher of up to $10,000. Either source of funding can be used to pay for school or some other training facility. If your injuries are so serious that you will be unable to do any type of substantial work, keep in mind that you will likely receive a higher level of permanent disability compensation. If you are part of the California Public Employees Retirement System (CalPERS), you may qualify for disability retirement benefits.
    • Can I Access Special Public Safety Employee Benefits If I Am Retired?
      In some cases, yes, but you will need to act quickly. The “presumption” tied to a presumptive injury typically lasts five years after your last day of work if there is evidence the condition began to manifest while you were still working as a public safety employee. In cases involving cancer, the presumption lasts for ten years after your last day of work.
    • As a Public Safety Employee, How Long Do I Have to File a Workers’ Compensation Claim?
      Ideally, you should submit your claim within one year of the date you sustained (or discovered) the injury. If you have recently retired, you will generally have five years from your last day of work to start the process (unless you develop cancer, in which you will have ten years from your last day of work). Your case may become significantly more complicated if you miss the applicable deadline, but do not assume you cannot get benefits if you wait too long. Depending on the circumstances, we may be able to still pursue a claim.
    • Can a Presumptive Injury Be Rebutted in California?
      When you are a California public safety employee with a presumptive injury, it is assumed your condition is related to your job. This does not necessarily mean your workers’ compensation claim will automatically be granted. The presumptive injury could in some circumstances be “rebutted,” meaning there is an objection to the work-related assumption. Rebuttals are somewhat rare and only tend to occur when there is considerable evidence you sustained your injury somewhere other than your job. You should immediately contact a legal professional if you learn your presumptive injury is being rebutted.
    • What Is a Presumptive Injury?
      In a traditional California workers’ compensation claim, you must prove that your injuries were work-related, meaning you sustained them because of your job. The negligence or deliberate misconduct of your employer is irrelevant in California: If you can prove your injuries are work-related, you are entitled to benefits. Public safety employees in California with a qualifying “presumptive injury” enjoy a lower standard of proof when establishing their injuries were work-related. In fact, you do not have to prove you sustained the injury while on the job. Instead, it is typically “presumed” that the injury was work-related. Presumptive injuries include cancer, heart trouble, hernias, and pneumonia.
    • How Does the Workers’ Compensation Process Differ for Public Safety Employees?
      The process differs in two key ways. First, public safety employees often have access to additional benefits that are not offered to other employees. For example, police officers can obtain up to one year of their full salary – plus benefits – instead of temporary disability benefits, which pay less. Second, public safety employees have a lower standard of proof when establishing an injury is job-related if that injury is considered “presumptive.”
    • Who Is Not Considered a Public Safety Employee in California?
      Public safety employees assume a heightened level of inherent risk in the course of performing their job responsibilities. However, simply working for a police station or fire station does not make someone a public safety employee. Telephone operators, mechanics, stenographers, and secretaries who work at these facilities are not considered public safety employees, though they can still potentially secure regular workers’ compensation through the traditional claims process.
    • Who Is Considered a Public Safety Employee in California?
      In California, public safety employees include law enforcement officers (including sheriffs and police officers), firefighters, probation officers, and correction officers. Public safety employees potentially have access to special advantages and benefits when seeking workers’ compensation benefits.
  • Pro Sports Retirement

    • How Much Does It Cost to Hire an Attorney to Help With My Pro Sports Workers’ Compensation Claim?
      If we choose to take your case, we will work on a contingency basis until we secure your recovery. This means hiring our team costs you nothing upfront.
    • How Can an Attorney Help Me With My Retired Pro Athlete Workers’ Compensation Claim?
      The reality is that the insurance company that will be reviewing and making decisions on your claim is not looking to give you maximum compensation. In fact, they are probably looking to give you as little as possible, even if you provide substantial evidence of your injuries and their relation to your role as a professional athlete. Our team at the Madans Law Group understands how these claims are processed and is familiar with what the insurance companies are looking for. We can help you prepare a comprehensive claim and connect you with medical professionals whose diagnoses and testimony can support your case. Our lawyers will help you pursue all available remedies, including appeals, should we initially receive an unjust result.
    • What Is a Life Pension?
      If you sustained serious injuries that have left you permanently disabled, there is a chance you will qualify for a life pension, which is paid to you on top of other benefits for the rest of your life. As a retired professional athlete, you must have at least a 70% disability rating to receive a life pension.
    • What Is Cumulative Trauma?
      An athlete’s body is seldom in better shape at the end of their career versus the start of it, which points to the toll professional sports can take. However, not all athletes have a serious incident that results in a single, life-changing injury – or even an early, forced retirement. Many athletes instead experience “wear and tear” over the course of their careers. These collective injuries, which may include conditions like ongoing joint pain, are referred to as “cumulative trauma.” So long as you can prove your body sustained damage related to your job as a professional athlete, you potentially qualify for California workers’ compensation benefits for cumulative trauma, even if you have no specific, especially severe injury.
    • What Types of Professional Sports Injuries Warrant a Workers’ Compensation Claim?
      No matter when you retired, any injury that results in temporary or permanent disability will likely qualify for a workers’ compensation claim, especially if you become unable to do most types of work after you retire. Common injuries that can lead to disability include concussions, traumatic brain injuries, back injuries, fractures, and joint fractures. If you are still not sure whether your injuries qualify you for benefits, we encourage you to visit our “Do I Qualify?” page.
    • Do I Have to Prove My Professional Sports Team or Employer Was Responsible for My Injuries?
      No. California uses a “no-fault” system when processing workers’ compensation claims. Employees do not have to prove their employers were at fault for the injuries they sustained on the job. In other words, a professional athlete does not need to prove their employer’s negligence or willful conduct led to their injuries. A professional athlete must simply prove their injuries were work-related.
    • Can I Still File a Workers’ Compensation Claim in California Even If I Have Been Retired from Professional Sports for Many Years
      Generally, workers in California only have one year from the date they learned about their injury to file a workers’ compensation claim. Missing this deadline prevents a worker from obtaining benefits, even if they have a valid claim. However, California law carves out an important exception for professional athletes. If your team or employer did not inform you of your right to seek workers’ compensation benefits (and you were not otherwise aware of these rights), you can likely still file a claim if you act quickly, even if the traditional statute of limitations has expired. If you have been retired for many years and are just learning workers’ compensation benefits are potentially available to you, do not wait to reach out.
    • Can I File a Workers’ Compensation Claim in California If I Played for a Professional Team in Another State?
      Potentially. Recent court decisions have stipulated that an athlete may be able to obtain benefits in California if they routinely played games in the state, even if they were primarily employed by a team based in a different state.
    • Can Professional Athletes Get Workers’ Compensation Benefits in California?
      In short, yes. A retired professional athlete may be able to get workers’ compensation benefits in California if they signed a professional contract with a team or employer operating in the state, if they ever permanently resided in California at any point during their professional career, if they exclusively or primarily played for a team located in California, or if they retained a California-based representative (such as an agent or manager). Only one of these conditions must be met.

Contact Us Today

Request a Free Consultation With Our Team

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.