Legal Question in Workers Comp in California

Re: labor code 4850 police officer I.O.D. one year

Although it has been a while since I handled W.C., which included a lot of safety member injuries [representing the City], the facts you recite seem illegal. The Labor Code provides that an injured worker is to be treated as though they are still at work as to all benefits except for salary [get temporary disability instead; as a police officer you get full salary under 4850]. So you definitely are being discriminated against by your employer.

Does your employer cite any legal basis for cutting your benefits? Talk to the person in charge of providing the benefits and find out what their basis is and how does it not violate the Labor Code. Then speak to the carrier or adjusting agency for your employer and then the Police Officer's Association as to what your rights are. Your employer is the one who ultimately must made the decision.

If you can not get a satisfactory response, e-mail me and I will do some research to cite more recent cases, if there are any on point, and then will write a letter to send to your employer. Assuming it takes only 1-2 hours, I will not charge for doing that. Most employer are not aware of what the law really provides so they are not doing it to be nasty but out of ignorance.

You also have the right, if the other driver was at fault, to sue them for your injuries. The practical problem is that they likely will have only a $15,000 policy and your employer is entitled to get back from the other driver the Workers' Compensation and related payments they have made. Often, the employer does not follow through with the case and the employee some times can arrange a split of 1/3 of the $15,000 to the injured employee, 1/3 the employer, 1/3 attorney fees.

I can likewise help you on that aspect of your case but would charge $100 per hour plus costs.