In California, certain public safety employees who get hurt on the job may qualify for special pay under Labor Code Section 4850. This benefit gives full salary for up to a year while the injured worker recovers. It’s a better deal than regular workers’ compensation, which usually only pays about two-thirds of a worker’s average weekly wage.
Let’s break down what Labor Code 4850 means, who can get it, how long it lasts, and what it includes.
What Are Labor Code 4850 Benefits?
Labor Code 4850 allows eligible public safety workers to keep getting their full pay while recovering from an injury that happened on duty. This benefit lasts up to 1 year and does not come out of the worker’s sick leave or vacation time. Unlike regular workers’ comp payments, which are only partial wages, the pay under 4850 is the same as the worker’s regular salary and is tax-free.
This means that if someone is injured at work and qualifies, they continue receiving 100% of their pay instead of the usual 66.6% from standard workers’ comp. It also helps avoid delays that sometimes come with other types of workers’ compensation checks.
Who Can Receive 4850 Benefits?
Not everyone who gets hurt on the job can receive benefits under Section 4850. This law is only for certain full-time public safety workers. People who may qualify include:
- City police officers
- County sheriffs
- Firefighters
- Probation officers
- Investigators in the district attorney’s office
- Lifeguards who work year-round
Some groups are not covered under this law. For example, clerks, dispatchers, mechanics, and other support staff are not eligible. Officers and firefighters employed by the City or County of San Francisco also do not qualify under this section.
There’s no minimum time on the job required to receive 4850 benefits. Even new hires can qualify, as long as the injury happened while performing job duties.
How Long Do the Benefits Last?
Workers can get these benefits for up to one year (52 weeks). However, that year does not have to be used all at once. The 52 weeks can be spread over a five-year period from the date of the injury.
If a worker returns to their job but gets re-injured later, they may qualify for a new 1-year period of 4850 benefits. However, once the worker goes back to work in any capacity — even light-duty — the benefits stop. They also end if the worker retires, resigns, or receives a permanent disability pension.
What Is Included in the 4850 Salary?
The salary received under Labor Code 4850 includes the full regular pay the employee would earn if they were working. This includes base wages and typically includes regular deductions such as:
- Health insurance
- Life insurance
- Union dues
Even though the employee is still getting paid, this benefit is not considered taxable income. That means the take-home pay is often higher than it would be if they were working.
Why This Benefit Matters for Injured Workers
Workers’ compensation has changed a lot in California over the past few years. In 2012, Senate Bill 863 changed the system by adding Utilization Review (UR) and Independent Medical Review (IMR). These processes can cause delays in medical care and make it harder for injured workers to get treatment approved.
Later, in 2015, Assembly Bill 2411 introduced an evidence-based drug formulary, which was implemented in 2017. These changes aimed to standardize treatment and reduce opioid use, but they also created challenges for workers trying to access care.
Additionally, a court case — King v. CompPartners — ruled that workers cannot sue UR doctors for malpractice. That decision left some injured workers without any recourse if they were harmed by delayed or denied treatment.
In this environment, benefits like those provided under Labor Code 4850 are even more valuable. They offer stability, quick pay, and peace of mind while recovering from a job-related injury.
Why Voting and Advocacy Matter
State laws and court decisions have a big impact on workers’ rights and benefits. For example, California lawmakers have tried to pass laws that would prevent the use of race, gender, and national origin in medical apportionment decisions. Some of these efforts were vetoed by the governor.
Other bills have proposed changes to the Return-to-Work fund and improvements to how medical treatment is reviewed. Not all of them make it into law. That’s why it’s important for workers and their families to stay informed and vote for lawmakers who support injured workers.
Call for Help
If you were hurt while working in public safety and think you may qualify for Labor Code 4850 benefits, it’s a good idea to speak with a workers’ compensation lawyer. The laws can be confusing, and small mistakes might lead to lost pay or denied benefits. A legal team can review your situation, explain your rights, and help you file the correct paperwork.
If you live in Los Angeles and need help understanding your rights after a work injury, call (323) 954-1800 to schedule a free consultation. We help injured workers get the pay and benefits they deserve.