Police officers often face dangerous and physically demanding situations, which can lead to serious injuries. It is important to remember that, just like anyone else, police officers have the right to pursue a claim against third parties whose negligence causes an injury—even while on duty.
The On-Duty Incident
In a recent case, one of our Massachusetts police officer clients was injured while attempting to subdue an intoxicated individual resisting arrest outside a local bar. Fortunately, we secured surveillance footage from the bar, which captured the entire incident and provided clear evidence of the suspect’s actions. The suspect’s resistance caused our client to fall, resulting in a torn ACL that required surgery and months of rehabilitation before ultimately returning to work.
Recovering Beyond Standard Workers Compensation Benefits
Injured officers’ medical expenses and regular salary are covered by M.G.L.A. Chapter 41, Sections 100 and 111F, which are similar to workers’ compensation. These benefits, however, do not cover pain and suffering, nor do they cover lost overtime and detail wages. To recover these additional damages, claims must be made against the parties responsible for the injury on duty.
Settlement Outcome
For those who are unaware, homeowners’ insurance policies typically provide personal liability coverage for injuries negligently caused by the homeowner or the homeowner’s relative resident. Common injury claims against a homeowner’s policy might include a slip and fall on ice on the insured’s premises, or, as in this case, injuries caused by resisting arrest. Furthermore, the resisting arrest need not occur on the insured’s premises for the policy to apply.
In this case, we demanded the $300,000 policy limit from the responsible individual’s homeowner’s insurance policy. After filing a lawsuit but before conducting any depositions, we secured a $280,000 settlement for our client.
Key Takeaway for Massachusetts Officers
This case highlights a crucial point for all Massachusetts officers: even when injured in the line of duty, you have the legal right to seek compensation from negligent third parties. Our firm is here to protect your rights and ensure you receive the compensation you deserve.
In order to protect the privacy of the injured officer and witnesses, all names have been changed. Any resemblance to names of real persons, past or present, is merely coincidental and not intended. The injured Massachusetts police officer agreed to have this article published in order that public safety officers around the Commonwealth be better educated about their legal rights to compensation when injured on duty.
Ballin & Associates, LLC specializes in representing injured police officers and their families. Since 1981, Ballin & Associates’ attorneys have practiced in the field of personal injury law and successfully represented injured police officers in over 200 departments throughout Massachusetts. Cases are handled on a contingent fee basis, which means no legal fee is due unless and until money is successfully collected. Consultations are free and confidential. If you were injured in your capacity as a public safety officer or for more information, please call 508-543-3700 or visit us at ballinlaw.com.
