Public Employment Retirement

Safety Members

Marin County Public Safety Members Workers' Compensation

Workers’ compensation benefits for uniformed members of the California Highway Patrol, local and county law enforcement officers and firefighters cover a wide variety of injuries and illnesses.

Any injury is covered, whether the result of:

direct trauma
cumulative work activities
on-the-job exposure

Some claims, such as mental stress claims, have certain preconditions. Others are presumptively job-related, even if no specific injury can be identified.

These include:

heart trouble
lower back trouble (if the officer is required to wear a duty belt)
hernia
pneumonia
tuberculosis
blood-borne infectious diseases
meningitis
cancer

The Law Offices of Craig Dykman provides experienced legal representation for safety members retiring in Marin County and the San Francisco Bay Area.

Because of the complexity of the retirement laws and procedures, we encourage peace officers and firefighters with career-threatening injuries to consult an attorney before filing for an industrial retirement.

Marin County Safety Members Retirement Attorney

The Law of Craig Dykman have been provding legal services for public safety members in Marin County for over 25 years. We bring our experience to every one of our safety member retirement clients.

Call the Law Offices of Craig Dykman today at (415) 454-8545 or email: craig@dykmanlaw.com

Non Safety Members

Non Safety Member Public Employee Retirement

At the Law Offices of Craig Dykman we have a tremendous amount of experience representing retiring public employees in Marin County and the San Francisco Bay Area. If you are a public employee who is not a safety member, we can help you too.

Am I Covered?

Before you apply for industrial disability retirement make sure that the retirement agency that your employer contracts with allows for it.

Most injuries are covered, whether the result of:

direct trauma
cumulative work activities
on-the-job exposure.

Some claims, such as mental stress claims, have certain preconditions.

Others are presumptively job-related, even if no specific injury can be identified.

These include:

heart trouble
lower back trouble
hernia
pneumonia
tuberculosis
blood-borne infectious diseases
meningitis
cancer

The Law Offices of Craig Dykman provides experienced legal representation for non-safety members retiring in Marin County and the San Francisco Bay Area.

Because of the complexity of the retirement laws and procedures, we encourage non-safety members with career-threatening injuries to consult an attorney before filing for an industrial retirement.

Marin County Non Safety Members Retirement Attorney

The Law of Craig Dykman have been provding legal services for public employees in Marin County for over 25 years. We bring our experience to every one of our non safety member retirement clients.

Call the Law Offices of Craig Dykman today at (415) 454-8545 or craig@dykmanlaw.com

Eligibility Requirements

Public Employee Retirement Eligibility Requirements

At the Law Offices of Craig Dykman, we seek to educate our employees through providing information relevant to services that we provide.

Almost all California public employees are entitled to enhanced disability retirement benefits in the event of permanent incapacity for duty resulting from an on-the-job injury. The disability retirement benefits to which an employee is entitled depend on:

The system to which he/she belongs; his/her job classification.
The employer’s agreement with the retirement system; the collective bargaining agreement.
The circumstances from which entitlement arises.

The applicable procedure varies, according to the particular system of which he/she is a member. There are significant differences.

Who may apply?

Public employees incapacitated as the result of an industrial disability may apply for an Industrial Disability Retirement regardless of age or length of employment.

Generally, to receive an industrial disability retirement, one must apply prior to termination of service, withdrawal of contributions, or ordinary service retirement. There are some exceptions.

When must an application be made?

Application for retirement may be made by the member; his/her employer; or anyone acting on his/her behalf.

An application for retirement must be made:

While employed or absent on military leave.
Within four months of discontinuance of service or while on an approved leave of absence.
While the member is physically or mentally incapacitated to perform duties from the date of discontinuation of service to the time of application.

What is the amount of the disability retirement allowance?

The Industrial Disability Retirement Allowance is generally 50% of the member's final compensation, or the amount of the service retirement allowance, if that is greater for members over age 50.

What is disability?

To qualify for an Industrial Disability Retirement, a public employee must demonstrate an “incapacity for performance of duty.” The courts have defined “incapacity” as a substantial inability to perform the duties of one’s position. However, a fear of future incapacity has been held not to be a present and permanent incapacity.

Marin County Public Employee Retirement Attorney

The Law Offices of Craig Dykman will help all public employees navigate the system and ensure that they are awarded the maximum benefit.