Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.
How Does Labor Code 4850 Work?
According to GekLaw, labor Code Section 4850 provides eligible law enforcement officers, firefighters, and probation officers with up to one year (52 weeks) of salary payment within statutory limits while they are temporarily totally disabled due to a work-related injury or illness [1].
However, the interpretation of "full salary" under this law can lead to disputes between injured workers and employers. For example, in a case involving Deputy Sheriff David Lade of California's Nevada County Sheriff's Department, who injured his shoulder at work, the issue was whether he should receive a five percent "shift differential" as part of his pre-injury assignment pay while working a modified/light-duty position during his recovery.
The Court of Appeal ruled that once an officer returns to work in a modified duty position, there is no provision in Labor Code 4850 for additional benefits beyond the full salary payment. This decision clarified the scope of benefits under LC 4850 for injured public safety officers in California.
Labor Code Section 4850 specifically states:
Whenever any person listed in subdivision (b), who is employed on a regular, full-time basis, and is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his or her duties, he or she shall become entitled, regardless of his or her period of service with the city, county, or district, to a leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments, if any, that would be payable under this chapter, for the period of the disability, but not exceeding one year, or until that earlier date as he or she is retired on permanent disability pension, and is actually receiving disability pension payments, or advanced disability pension payments pursuant to Section 4850.3.
Who's Eligible?
Labor Code 4850 provides benefits for first responders and public safety officers, including:
- City police officers
- Police officers employed by the Los Angeles Unified School District
- Sheriffs
- Employees in sheriff’s offices primarily perform active law enforcement duties
- Certain workers in district attorneys’ offices, such as inspectors, investigators, detectives, or similar titles
- County probation officers, group counselors, or juvenile services officers
- Employees in probation offices primarily perform active law enforcement duties
- Regular, full-time peace officers under Section 830.31 of the California Penal Code
- Airport law enforcement officers
- City, county, or district firefighters
- Full-time, year-round lifeguards employed by a first-class county in California or by the City of San Diego
The statute explicitly excludes police officers or firefighters working for the City or County of San Francisco.
When Does Labor Code 4850 End?
According to DAM, labor Code Section 4850 benefits terminate after one year [2]. Other circumstances that may result in the cessation of benefits include the passage of five years from the date of injury, or if the administrator discontinues payment following termination of employment, resignation, or receipt of disability pension retirement benefits.
Keep in mind that after one year, individuals who suffer a disability will be able to receive benefits at the state rate. However, if five years has passed, the individual may no longer be able to receive any benefits. Marco from DAM stated.
Workplace Injury Statistics
According to Injury Facts research, In 2022, there was a 5% increase in the number of preventable work-related deaths, totaling 4,695. Additionally, 791 homicides and suicides occurred in the workplace during the same year, which are not included in the preventable injury estimates [3].
The rise in preventable work deaths in 2022 can be attributed in part to a 3.4% increase in hours worked, though other factors also played a role. The preventable injury death rate increased from 3.1 to 3.2 per 100,000 workers compared to 2021. In 2022, there were a total of 4.53 million work-related medically consulted injuries.
2022 Occupational Safety Highlights
- Preventable injury-related deaths 4,695
- Preventable injury-related deaths per 100,000 full-time equivalent workers 3.2
- Medically consulted injuries 4,530,000 Workers 159,379
- Costs Not yet available
Source: Deaths reflect National Safety Council (NSC) analysis of data from the Bureau of Labor Statistics (BLS) Census of Fatal Occupational Injuries (CFOI).
In 2022, the industry sector experiencing the largest number of preventable fatal injuries was construction, followed by transportation and warehousing. The industry sector experiencing the highest fatality rates per 100,000 workers was agriculture, forestry, fishing, and hunting, followed by mining.
Related Articles:
- California Labor Code Section 221
- Should I Use My Vacation Time Before I Quit?
- Can I Be Forced to Work on a Federal Holiday?
FAQs
Can I be denied Labor Code 4850 benefits?
Yes, you can be denied Labor Code 4850 benefits if your injury or illness is not deemed work-related, if you do not meet the eligibility criteria, or if the injury occurred while you were not performing duties that qualify under the statute. In such cases, you may still be eligible for regular workers' compensation benefits.
What should I do if my Labor Code 4850 benefits are denied?
If your Labor Code 4850 benefits are denied, you can appeal the decision through the workers' compensation appeals board. It is advisable to consult with a workers' compensation attorney who can help you navigate the appeals process and advocate for your rights.
Can I receive other benefits while on Labor Code 4850 leave?
While receiving Labor Code 4850 benefits, you may also be eligible for other benefits, such as medical treatment covered under workers' compensation, and, in some cases, disability retirement benefits if you are unable to return to work permanently.
How does Labor Code 4850 apply to cumulative injuries?
Labor Code 4850 can apply to cumulative injuries, such as those resulting from repetitive stress or prolonged exposure to hazardous conditions, as long as the injury is work-related and affects your ability to perform your job duties.
See all related hourly worker wage dispute lawsuits our lawyers covered so far.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
- https://www.geklaw.com/news/4850-benefits.html
- https://www.damfirm.com/labor-code-4850/
- https://injuryfacts.nsc.org/work/work-overview/work-safety-introduction/