Monday, December 29, 2025

Significant Expansions to Workers' Compensation Protections for California's Public Safety Employees Effective January 1, 2026

    As we approach 2026, California’s workers’ compensation system is set to undergo significant changes that will directly impact all workers, with particular emphasis on public safety employees. These legislative updates, effective January 1, 2026, aim to enhance protections and streamline processes for those who serve in high-risk environments. Key bills such as SB 20, SB 230, SB 447, and SB 487, along with AB 799, AB 1125, AB 1293, and AB 1398, introduce reforms that public safety workers should be aware of. These measures take effect January 1, 2026, and will influence how claims are alleged, defended, documented, and resolved.

    The Legislature has again focused on public safety workers, expanding presumptions and access to benefits consistent with occupational exposures and cumulative trauma realities. For injured workers, these reforms are likely to expand access to timely care, strengthen protections for public safety personnel, and reduce procedural obstacles that historically prolonged litigation. Families of injured or deceased workers may see improved clarity in death benefit procedures, potential adjustments in dependency standards, and better coordination between workers’ compensation benefits and collateral benefits.

    The reforms address conditions frequently encountered by firefighters, peace officers, and allied public safety personnel, potentially enlarging the list of presumptive injuries and extending statutory presumption periods. The legislation may adjust evidentiary burdens for rebutting presumptions, mandate employer notice regarding coverage and procedural rights, and refine the interplay between industrial causation, apportionment, and preexisting conditions. Public entities and their third-party administrators will likely have to reassess their protocols for investigation, panel selection, and early intervention in light of these changes.

    One of the most notable changes is SB 230, which expands presumptive coverage for firefighters. This bill extends protections for conditions like cancer and PTSD to those working at commercial airports, NASA installations, and U.S. Department of Defense facilities. This means that if you’re a firefighter in these environments, you’ll have broader coverage for injuries related to your work, making it easier to access the benefits you deserve.

    SB 447 is another critical piece of legislation, closing the gap between state and federal law by extending health benefits for minor dependents of public safety personnel who die in the line of duty. This change aligns with the Affordable Care Act, ensuring that your family is supported if the unthinkable happens.

    Peace officers and firefighters will also benefit from SB 487, which limits employer subrogation rights in third-party recovery actions. This bill guarantees that you receive a fair share of liability insurance proceeds, protecting your financial interests in the event of an injury.

    AB 799 introduces a dedicated death benefit for incarcerated firefighters participating in the California Conservation Camp program. This provision acknowledges the risks faced by these individuals and ensures their families receive support.

    Additionally, AB 1125 extends the heart injury presumption to peace officers employed by the State Department of State Hospitals. This change recognizes the unique risks faced by these officers and ensures they receive the same benefits as their counterparts at Atascadero State Hospital.

    For those involved in medical evaluations, AB 1293 aims to improve the consistency and quality of medical reporting by developing standardized templates for Qualified Medical Examiner reports. This will help ensure that your medical evaluations are clear and comprehensive.

    Finally, AB 1398 targets fraud and conflicts of interest, requiring transparency in service referrals. This measure protects workers from schemes that could undermine their claims.

    We anticipate revised definitions pertinent to compensable injuries, updated standards governing medical treatment utilization review and independent medical review, and adjustments to permanent disability rating inputs. The legislation is expected to refine claim processing timeframes, enhance disclosure and record completeness requirements in medical-legal evaluations, and clarify when penalties and attorney’s fees are available for unreasonable delay or denial.  

    Early case triage will become more important, particularly where presumptions are implicated and where medical-legal issues must be framed early to avoid downstream fights. Experienced counsel will likely be needed in order to ensure experts properly apply the revised standards and develop evidence in support of causation, apportionment, and disability assessments.

    These legislative changes reflect California’s commitment to supporting public safety employees by expanding benefits and improving the workers’ compensation system. As these laws take effect, it’s crucial for you to stay informed and understand how they impact your rights and benefits. By doing so, you can ensure that you and your family are protected as you continue to serve your community. 

    As the January 1, 2026 effective date approaches, unions should ensure their members are aware of updated reporting requirements and timelines. 

    Taken together, these enactments underscore California's commitment to bolstering the workers' compensation framework for public safety employees, closing benefit disparities, and refining system procedures. For peace officers, firefighters, and their unions, the 2026 landscape offers enhanced presumptions, family protections, and recovery priorities that better reflect the realities of the job. Practitioners and members alike should prepare to leverage these changes in upcoming claims. 

    As the January 1, 2026 effective date approaches, Mastagni Holstedt APC, remain dedicated to advocating for the full rights of California's workers and public safety professionals and stand ready to enforce these evolving protections.