In the twenty years I have represented officers injured on duty, I have found Chiefs and superior officers to have supported my injured officer clients making a third-party claim or simply been indifferent to it. This has been my experience representing injured police officers from 138 police departments across the Commonwealth. I have seen this first-hand during the cases where I have had to speak to the chief and or superior officers concerning my clients. Additionally, my officer clients have reported the same experience to me. If a chief or superior officer had reacted negatively, directly or indirectly, in response to my officer client’s pursuit of a claim in connection with his/her injury on duty, I am the first person that officer would have called. The fact is that it just does not happen. I have never received such a telephone call or other communication from an injured officer regarding negative feedback he has received as a result of making a claim. I have had numerous cases where the Chiefs have encouraged the injured officers to make a claim, as well as offering their assistance in my work for the injured officer. We also count among our clients numerous superior officers and several Chiefs for their own injury-on-duty claims. The list of departments where we have represented one or more officers appears toward the end of this article.

Unfortunately, because of a misconception that the Chief or superior officer will be upset if a claim is pursued, too many injured police officers, especially younger officers, forgo their legal entitlement. I use the term “entitlement” because Chapter 41 specifically entitles and authorizes the injured officer to make such a claim . Many times the injured officers mistakenly believe they will be looked upon with disfavor if they seek compensation over and above their entitlement to Chapter 41 injury-on-duty wages and medical expense benefits. They wrongfully fear resentment within the department, and particularly by their Chief or superior officers. They expect such disfavor will negatively effect their standing in the department and prospects for future advancement and choice assignments. As a result, too many officers who receive mild to serious injuries needlessly go uncompensated for their injuries beyond the basic wages and medical bills paid by the city or town.

Contrary to this misconception, it has been our clients’ experience that the injured officer receives a certain amount of respect for having asserted his legal rights. If anything, once the department learns we are involved in the case, there is often a “hands off” attitude, and the issue is never brought up or discussed. Few officers would take the position that officers are already paid well enough to absorb the financial and physical impact of an injury on duty. This is especially so when comparing pay levels of police officers to other municipal employees and private citizens, for whom no second thought is given to their making a claim in connection with an accident at work. Just the way no one frowns on a police officer seeking the maximum tax deductions to which he/she is legally entitled to lower their income tax burden, no one should frown on an injured officer seeking the maximum compensation to which he/she is legally entitled stemming from an injury on duty.

One factor which has contributed to our positive experience for injured police officers is that the officers whom we represent were all involved in legitimate, documented incidents where they were injured on duty. These include cruiser accidents, injuries during arrests, scuffles and foot pursuits, and injuries on defective premises. These officers have received reasonable medical care for their injuries, and the treatment periods for that medical care have also been reasonable and appropriate. Chiefs and superior officers see that the injured officer is not abusing the system by needlessly remaining out of work when the injuries do not warrant it. Our firm has gained a reputation for not encouraging injured police officers to stay out of work for more time than is necessary to address their injuries, and our injured officer clients have sought to return to active duty as soon as possible. I suspect another factor which contributes to the support that our clients have received for making their claims is that most Chiefs and superior officers are impressed that our officer client is able to make a legal claim. Likely, when they were patrolman, many of these Chiefs and superior officers were unaware of their own rights at the time to make successful claims for their own injuries which occurred on duty.

Finally, the way we deal with the injured officer’s municipality is always ethical and professional. Throughout the Commonwealth, if necessary, we can call upon as references such as police chiefs, Mayors, town managers, executive assistants to the Board of Selectmen, City and Town counsel, and treasurers with whom we have dealt on injured officers’ claims. We have a reputation for being honest, direct and aggressive for our police officer clients, while still respecting the lien rights of the municipality.

Departments Where We Have Represented Officers Injured On Duty: