Massachusetts Police Injury Attorneys
Legal Article - Take Advantage
IF OFFICERS INJURED ON DUTY ARE AUTHORIZED BY THE LEGISLATURE TO DO SO, WHY DON'T THEY TAKE ADVANTAGE OF THE SAME SKILLED REPRESENTATION WHICH BRINGS TENS AND HUNDREDS OF THOUSANDS OF DOLLARS TO JOHN Q. PUBLIC
It is ironic that Officers charged with being familiar with and upholding the laws of our justice system, often ignore for one reason or another, the laws designed to help them when they are injured in the line of duty. I frequently hear from officers who have been injured on duty and have suffered physically and financially, who then, for one reason or another, sat on the sidelines of a justice system which waited to compensate them with much needed money. For sixteen years, I have worked to educate such officers and have fought statewide for their compensation over and above amounts they received from their cities and town. Typical injury on duty benefits often pale in comparison to the real financial losses suffered by injured officers. Such officers while out injured on duty receive no compensation for monies they would have earned while working valuable details, overtime and court time. Although their wages go down while out injured on duty, there is no similar decrease in their mortgages, their children's tuition and other obligations. Nor does the wage benefits paid by the City of Boston compensate for the pain and suffering involved with these injuries and at times the scarring and resulting disabilities.
Police officers are not second class citizens. They have the same rights as any other citizen to be compensated for their injuries. The governing statute is Massachusetts General Laws Chapter 41, Section 111F, under which injured police officers are paid their base wages while out injured on duty. It authorizes the same injured officers to go to Court and bring actions to further recover compensation for their injuries. In fact, if the injured officer does not bring an action against the third party responsible for his injury, the City of Boston is authorized to do so by the same statute. The same causes of action and creative legal work which I, as an attorney, utilize to assist John Q. Public, is equally available to officers injured on duty.
Injured officers are usually surprised to learn they can collect tens and hundreds of thousands of dollars for injuries which occur during stolen car chases, dog knockdowns, slip and falls on defective premises, assaults by persons during arrests and serving warrants, falls on snow and ice, responses to rescue victims and hit and run accidents.
Injured police officers often assume their receipt of base wages from the City under Massachusetts General Laws Chapter 41, Section 111F legally bars them from any further recovery in connection with their injury. Others often believe their superiors will be upset. This is especially true of new officers. Still others believe it is wrong to make such claims, as if it is somehow beneath them.
Officers who are injured in the line of duty who are legitimately hurt often suffer a double does of pain: they physically suffer from the pain of their injuries and often, the frustration of not being able to yet return to work. Secondly they suffer the financial pain of being denied valuable overtime and detail pay which they rely upon to make their monthly obligations. Of all the citizens in this Commonwealth, who ought not to suffer under our system of justice, are police officers who put themselves in harms way for the benefit of the public on a daily basis. I take phone calls from injured officers daily to review their current and past situations where they have been injured on duty. I always have the time to listen and there is never a charge for these consultations. If I accept the case, it is handled on a contingent fee basis where the injured officer need only pay for my legal services if money is collected. The fee is typically one third of the money collected. As with any injury related claims there are no guarantees. Many police injury cases involve sophisticated legal issues, problems of proof, technical insurance policy coverage disputes and issues which arise under Massachusetts General Laws c. 41, § 100 and § 111F. It never hurts for an injured officer to inquire about their rights: they might just find they are able to collect tens and at times, hundreds of thousands of dollars in much needed compensation.