The dangers of police work are well-documented. It’s the nature of the job to regularly interact with negligent, reckless, or otherwise malicious individuals who may cause injury. While workers’ compensation benefits cover most work injuries that an officer will sustain, some situations may allow police officers to sue for personal injury.
If you have been injured in the line of duty and want to pursue a personal injury lawsuit against the responsible party, you may benefit from speaking with a Greenville personal injury lawyer with Smith Jordan Law to help you protect your rights to compensation and avoid unnecessary complications or delays.
Why would injured police officers sue for personal injury instead of filing a workers’ compensation claim?
Police officers can access workers’ compensation benefits when they are injured on the job. The benefit of a South Carolina workers’ compensation claim is that it pays out based on a no-fault system, allowing you to collect benefits sooner in many cases.
If a third party who you do not work with was the direct cause of your injuries, you may also be able to pursue a personal injury claim against that third party in addition to your workers compensation claim. Personal injury claims allow you to recover for damages such as pain and suffering and loss of enjoyment of life that are not included in a workers compensation claim.
For example, an officer may consider filing a personal injury lawsuit against a driver who caused a car wreck that injured the officer in the line of duty in addition to a workers compensation claim. This allows them to claim damages for non-economic losses, including, but not limited to, pain and suffering, as well as the full value of lost wages and benefits.
The fireman’s rule and exceptions in South Carolina
When it comes to personal injury cases involving police officers or other first responders, the fireman’s rule often comes up. South Carolina doesn’t follow this rule.
If a third party causes harm through negligence, like a distracted driver hitting you during a traffic stop or a property owner failing to control a dangerous dog, you may have the right to sue. Officers may also have a case if someone causes intentional harm, such as an assault during an arrest.
Can an injured police officer sue for personal injury and file a workers’ compensation claim?
Workers’ compensation and personal injury claims can cover many of the same losses, and therefore, successfully pursuing both can be complicated. While it can be complicated it is often in a police officer’s best interest to file both a workers compensation and a personal injury claim. Iso it’s important to consult with an experienced personal injury lawyer before signing paperwork or deciding how you want to proceed.
Injured police officers can call Smith Jordan Law to help recover compensation for a work injury
Law enforcement and first responders take on an increased risk when they choose a career in public service. Taking on a more dangerous job should not leave you less protected if someone else’s negligence or malice causes your injuries.
Smith Jordan Law is here to help you build your personal injury case and recover the compensation you need to support yourself and your family after an injury. We offer free case consultations with our team to discuss your situation and determine which of our services are most appropriate. Contact us today by scheduling online or calling (864) 343-2222.
