Firefighter Workers’ Compensation

Do Volunteer Firefighters Qualify for Workers’ Compensation?

In a year of so much tragic wildfire devastation, California is more appreciative than ever for its brave and selfless volunteer firefighters. These volunteers worked side-by-side with professionals, and helped the firefighters control the fire, save property, and lives.

Unfortunately, fighting fires is dangerous to both professionals and volunteers alike, and in the recent outbreaks, not every volunteer firefighter came away unscathed. Firefighters, of course, are covered by workers’ compensation; and the question on the minds of volunteers and their families is, “What about us?”

California Workers’ Compensation Laws

In California, all employers must maintain workers’ compensation insurance whether they have one employee or hundreds. Workers’ compensation kicks in if a worker gets injured at work, and covers medical bills, lost wages, and disability. Coverage is mandatory for employees, but covering non-employee volunteers is generally optional. This means many volunteer workers are at risk of paying for their job-related injuries themselves.

Good Workers’ Comp News for Volunteer Firefighters

The good news for volunteer firefighters and police officers, however, is that they are exceptions to the rule. Under California law, firefighters and other emergency service volunteers are considered to be employees, and workers’ compensation insurance will usually cover a volunteers’ work-related injuries.

It is important for a volunteer firefighter who was injured in the recent California wildfires to report the incident to fire department officials as soon as possible. Prompt reporting is required by the Division of Workers’ Compensation (DWC), the agency who considers a workers’ request for compensation. The claim will most likely be accepted by the DWC if it is shown that the volunteer’s injury happened in the line of duty, such as while fighting the wildfire.

Workers’ Compensation Options for Volunteer Firefighters

When a volunteer firefighter files a claim through the workers’ compensation system, he or she may be entitled to compensation for loss of earnings from his or her “day job.” Even though most volunteers don’t receive wages for their volunteer work, they likely have other employment, and as a result of the injuries sustained while volunteering, they may be unable to report to their paying job.

California laws guarantee that volunteer firefighters receive wage loss benefits based on the statewide average weekly wage for workers. This is slightly different than the benefit an employee would receive, which is equal to two-thirds of the actual weekly wage.

Recent Legislative Updates for Volunteer Firefighters

Senate Bill 231, enacted in 2022, marked a significant expansion of protections for volunteer firefighters in California. The legislation extended workers’ compensation coverage to include certain cancers and other occupational diseases under presumption laws that were previously only available to career firefighters. This important change means volunteer firefighters no longer bear the burden of proving these conditions were caused by their service – the connection is automatically presumed to be work-related, streamlining the claims process significantly.

Training Requirements & Safety Standards for Volunteer Firefighters

California has established comprehensive minimum training standards for volunteer firefighters to ensure their safety and effectiveness in the field. All volunteer firefighters must complete basic firefighter safety training, including instruction in wildland firefighting techniques and proper use of personal protective equipment. They must also maintain current first aid and CPR certification. These training requirements serve a dual purpose: they enhance firefighter safety and strengthen workers’ compensation claims by demonstrating the volunteer was properly qualified and following established safety protocols.

COVID-19 Protections for Volunteer Firefighters

California has extended special COVID-19 presumption protections to volunteer firefighters through 2025. Under these provisions, if a volunteer firefighter contracts COVID-19 during an active deployment or within 14 days after service, the illness is presumed to be work-related for workers’ compensation purposes. This protection acknowledges the unique risks volunteer firefighters face during the ongoing pandemic and ensures they receive appropriate coverage for COVID-related illnesses acquired through their service.

Additional Options for Volunteer Firefighters Beyond Workers’ Compensation

Volunteer firefighters have access to several support programs beyond traditional workers’ compensation benefits. These include Federal Public Safety Officers’ Benefits, state disability retirement benefits, and local government disability programs. During declared disasters, FEMA assistance may also be available. Additionally, various non-profit organizations provide support programs specifically designed for volunteer firefighters who suffer injuries or illnesses in the line of duty. Understanding these options is crucial for ensuring volunteers receive all available assistance after a service-related injury.

Time Limitations & Documentation Requirements

Understanding the timing and documentation requirements for workers’ compensation claims is crucial for volunteer firefighters. Injury reports must be submitted within 30 days of the incident, and formal claims need to be filed within one year. However, exposure-related claims, such as those involving cancer or respiratory conditions, may have different deadlines due to the latent nature of these conditions. Presumption claims require specific documentation to establish the volunteer’s service history and exposure to qualifying conditions. Maintaining detailed records of all training, deployments, and potential exposures can significantly strengthen a volunteer firefighter’s claim for benefits.

 Long Beach Workers Compensation Lawyers for Firefighters

If for some reason you are told you do not qualify for workers’ compensation as an injured volunteer firefighter in California, seek help from a lawyer. There may be other means of recovery, such as bringing a personal injury lawsuit. If a loved one died while volunteering to fight fires, a wrongful death lawsuit can often yield a higher amount of compensation than a workers’ compensation claim.

We owe a huge debt of gratitude for the bravery and selflessness of volunteer firefighters. They should not have to pay for their work-related injuries out-of-pocket. In some ways, they are more at risk of serious injuries in comparison to professional firefighters because they don’t receive the amount of training and may not have the same level of protective equipment available to them.

If you or your family member was injured in the course of fighting the recent fires as a volunteer, our workers compensation lawyers will be glad to advise you of your best avenue for recovering lost wages and to ensure that your medical and rehabilitation costs are covered.

Workers’ Compensation Lawyers for Firefighters: 800-964-8047