If you get hurt on the job as an Environmental Conservation Police officer in New York, you might wonder, “What is En-Con Police disability, and how do I get it?” This type of disability compensates En-Con officers who cannot work due to injuries or illnesses they sustain on duty. Here’s what you need to know about these benefits and whether you qualify.
Occupational Risks of New York State Environmental Conservation Police Officers
Environmental Conservation Police officers in New York face various occupational risks due to the nature of their work. They often respond to remote areas where they might confront poachers, illegal wildlife traders, or others violating environmental laws. These situations can quickly become dangerous, as officers sometimes must make arrests or stop unlawful activities involving firearms or hazardous materials.
En-Con police also handle investigations into environmental crimes. These crimes can include illegal mining, water pollution, or pesticide misuse, which can expose officers to toxic substances and unsafe conditions. Officers in the field frequently face physical hazards such as extreme weather, rough terrain, and wildlife encounters. These risks make the job physically demanding and sometimes dangerous, which can lead to disabling occupational injuries and illnesses.
Types of Disability Benefits Available to Environmental Conservation Police Officers
Environmental Conservation Police officers in New York can access several types of benefits if they suffer from job-related disabilities:
- Ordinary disability applies if you cannot perform your duties due to a non-work-related disability. Officers with at least ten years of service qualify for this benefit.
- Accidental disability provides benefits if you sustain a permanent disability due to an unexpected on-duty accident. This benefit equals 75 percent of your final average salary (FAS). It is only available if you joined the Police and Fire Retirement System before September 1, 1997.
- Performance of duty disability covers you if you get hurt during the course of your regular duties. It replaces 50 percent of your FAS.
- Environmental Conservation Police disability is only available if you work in environmental law enforcement. If you qualify, you can receive 50 percent of your FAS in addition to workers’ compensation or Social Security benefits. You can also receive an annuity with your FAS replacement if you have made any annuity savings contributions.
En-Con officers can apply for all these types of disability benefits simultaneously if eligible.
Eligibility Requirements for NYS En-Con Police Disability Benefits
You must meet specific eligibility requirements to qualify for En-Con Police disability benefits. First, you must be under 60 at the time of filing. You must also be physically or mentally unable to perform your duties due to a disability you sustained in the line of duty. The disability must not result from willful negligence. If the disability occurs off duty, you need at least five years of service to qualify.
You must also still be employed at the time of filing or have left service within two years of the work-related injury. If the disability is unrelated to your job, you must file within 90 days of leaving the position. Officers on authorized medical leave or receiving workers’ comp also remain eligible.
Common Challenges in Applying for En-Con Police Disability Benefits
Applying for En-Con Police disability benefits can involve several challenges, such as obtaining the necessary medical records. Applicants need to gather comprehensive medical documentation to prove their disabilities, and delays in receiving this information from healthcare providers can slow the process.
The interaction between disability benefits, workers’ comp, and Social Security Disability (SSD) benefits can also introduce complications. Officers must carefully manage these benefits because their total compensation cannot exceed their final salaries. Understanding how these different benefits affect each other is key to maximizing financial support without exceeding the allowable limits.
How a Disability Lawyer Can Help You Get the Benefits You Are Owed
A disability lawyer can handle the complex process of applying for En-Con Police disability benefits while you focus on your health. They can gather essential medical records, file application paperwork, and meet critical deadlines on your behalf. Disability lawyers understand the specific requirements for En-Con disability claims and can help you avoid common mistakes that lead to denials.
Additionally, a lawyer can predict and manage the interactions between other benefits like workers’ comp and SSD to prevent your total compensation from exceeding allowable limits. If your claim gets denied, they can represent you during the appeals process to maximize your chances of success.
Contact a New York Police Disability Attorney Now
If you are pursuing a disability claim as an En-Con Police officer in New York, Fusco, Brandenstein & Rada, P.C. can help. Our police disability team can guide you through the application process and demand the benefits you’re entitled to. Call us today at 516-496-0400 or contact us online for a free consultation to get the support you need to move forward.