Compensation Options For NYPD Officers Injured In The Line Of Duty

Compensation Options For NYPD Officers Injured In The Line Of Duty2017-09-27T12:16:00+00:00

Were you or a loved one seriously injured as a New York City police officer? You may be wondering about your rights:

  • Do NYPD officers qualify for workers’ comp?
  • What benefits are available for injured officers?
  • Could I sue an employer or coworker for causing my injury?
  • Can I sue civilians for negligence?
  • How can a lawyer help me?

Call Banville Law today to learn more about your options.

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In New York City, almost all employees are covered by workers’ compensation when an injury occurs on the job. However, police and other public workers are excluded from these benefits. The NYPD has its own system for handling line-of-duty injuries and providing compensation for injured officers. Additionally, police officers often have the option to file a personal injury lawsuit when a negligent party caused their injury, even if that party is a co-worker or the department itself.

New York City’s brave police officers willingly risk their lives every day to keep our city’s streets safer. While police work may be an inherently dangerous profession, many work-related accidents in this field could have been prevented if it weren’t for the negligence of another party. Fellow officers and civilians both have a responsibility to ensure that their behavior doesn’t endanger the safety of others.

Accidental Disability Retirement Benefits

Instead of workers’ compensation, police officers and other civil service employees who get seriously injured on the job may apply for Accidental Disability Retirement benefits. While workers’ comp is meant to be temporary, this is a lifetime pension.

ADR is intended for permanently incapacitating work-related injuries which prevent you from returning to your job duties. Unlike workers’ comp, this system takes negligence into account. Injuries which occurred due to your own negligence may not qualify. The accident also must occur due to extraordinary circumstances and those which occurred during the performance of routine job duties also may not qualify.

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How Do You Apply For Accidental Disability Retirement?

The process of applying for ADR is similar to how other private sector workers apply for compensation after an injury. You must first file a written application, in which you describe your disability and how it happened, along with providing medical records to support your claim. The pension’s Medical Board then reviews your application and medical evidence and then either accept or deny your application. The Pension Board then has the option to either accept the Medical Board’s findings, upgrade the findings, or ask for further review.

This is a complicated process, and many injured officers may struggle to receive their accidental disability retirement pensions. Many claims get denied simply because officers get confused by the application and hearing processes. However, hiring a knowledgeable work injury lawyer with experience helping NYC police officers apply for pensions can help make the process much easier.

When Can NYPD Officers Sue For Work Injuries?nypd squad car

In certain situations, injured police officers can file personal injury lawsuits for financial compensation outside of ADR.

New York General Municipal Law §205-E states that officers may sue anyone who directly or indirectly caused their injury by violating a law, including the city, their employer and fellow officers. In a recent example, NYPD Officer Vincent Ferrante sued the city for a career-ending knee injury he suffered while driving a police van. Ferrante struck both knees on an exposed dashboard, which he says he had warned superior officers about before the injury.

Like all other citizens, police officers also have the option to file a personal injury lawsuit against negligent civilians and businesses responsible for causing their injuries. Common examples of negligence which can lead to police officer injuries include:

  • Car accidents with negligent drivers – NYPD officers spend large portions of their days on the road, navigating NYC’s hectic and congested streets. Like any other car accident victim, these officers have the right to seek compensation from negligent drivers who cause accidents. For example, if an officer was struck by a driver who ran a stop sign, that driver could be held liable for damages.
  • Property owners who fail to address hazardous conditions – All property owners have a duty to keep their premises free of hazards which could cause an injury. In Nassau County, a police officer recently recovered $1.5 million after he slipped and fell on snow-covered steps when responding to a burglar alarm.
  • Defective equipment – If an officer is injured because of defective equipment, such as malfunctioning auto parts, the manufacturer could be held liable under product liability.

Do Injured Police Officers Need Lawyers?

Despite their brave sacrifice, many seriously injured police officers struggle to receive the compensation they need and rightfully deserve. If you’re recently been injured in the line of duty and you’re unsure of your options or have had your claim for accidental disability retirement denied, Banville Law’s work injury and personal injury lawyers can help. We know how to navigate the complex process of applying for civil service benefits and we have helped recover millions in personal injury lawsuits.

Those who protect and serve others deserve to be protected when an injury impairs their ability to work. That’s why our legal team is proud to fight for the rights of injured NYPD officers. To begin planning for life after your injury, contact us today for a free consultation.

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