A police officer’s everyday duties constantly put him or her at risk for injuries and if you were seriously injured on the job, our Long Island disability attorneys can help.
Violent crimes have been steadily rising and increasing the injury risk police officers face in the line of duty. The publication Criminology and Public Policy recently posted a study where they found on average 245 officers are shot per year, 42 of which are fatal. Between the shootings, other violent crimes, and traffic incidents, police officers clearly face dangers that could injure them at any time on the job. If you were injured while protecting and serving our community, then you have every right to seek a police disability pension.
Unfortunately, filing for a police disability pension tends to be a complex process. There is usually a lot of red tape to cut through to receive a favorable outcome. Our Long Island police disability legal team at Fusco, Brandenstein & Rada, P.C. has over 40 years of experience representing thousands of injured and disabled police offers. Call us today at 516-496-0400 so we can assist you throughout the entire daunting claim process.
Why Should You Hire A Lawyer?
There are extremely specific steps that officers must take to file a claim for a police disability pension. If everything is not completed exactly as specified, your claim could be denied. An experienced Long Island police disability lawyer not only completely understands all the steps and processes but knows how to fight for the most favorable resolution of your claim.
Why Select Fusco, Brandenstein & Rada, P.C.?
At Fusco, Brandenstein & Rada, P.C., we proudly fight for the rights of those that protect and serve our Long Island citizens. We feel they deserve the absolute best representation to help them achieve the disability pension they deserve after an injury in the line of duty. Our dedicated team of Long Island police disability attorneys will assist you through the entire claim process and fight for your rights.
Common Causes of Injuries for Police Officers
The National Institute of Occupational Safety and Health recently published data on the various non-fatal injuries police officers tend to endure. Their data spans a twelve-year period and found that during that time, 669,100 law enforcement officers received treatment in emergency rooms for injuries.
Among that data, they published the four major causes of non-fatal injuries police officers sustained in the line of duty.
- 36% of the injuries reported were due to assaults and violent acts.
- 15% of the injuries reported were due to body motion injury. This includes physical overexertion or motion repetition.
- 14% of the injuries reported were due to transportation incidents.
- 11% of the injuries reported were due to falls.
Finally, the report showed that during that time span assaults on law enforcement officers increased by 10%.
Important Components Required for a Police Disability Pension
While there are many steps required to receive a police disability pension, there are two initial steps that are crucial to gaining a favorable claim verdict.
- Completing an accident report
- File a Workers’ Compensation claim in a timely manner
Accident Report
This is the report you submit to your department that fully details an accurate description of the accident. While this is still early on and might seem straightforward, the advice of an attorney will go a long way in this step. They understand the importance of this description to your entire claim, as it is imperative to demonstrate the type of accident to receive a higher disability percentage.
Workers’ Compensation Claim
First, you must complete this in a timely manner after you sustain an injury. Failing to submit it by a certain amount of time could possibly cause a claim denial or extension. Next, you want to ensure you’re completing the correct claim form, which is a Form C-3. This form also requires you to provide a description of how you sustained your injuries. It is important that this description matches your accident report description. Any discrepancies could cause delays or denials in your claim process. Lastly, you want to file it properly and with the appropriate representative.
Hiring legal representation during these initial stages ensures you do not miss any required steps. They not only provide sound guidance on how to complete and submit these forms but alleviate the stress and hassle you may feel during this difficult time.
Determining Police Disability Pensions
When an in-the-line-of-duty injury is so severe it causes you to no longer be able to perform your full duties as a police officer, there are two disability pensions available to members of the NYS Policemen’s and Firemen’s’ Retirement System (NYSPFRS). Those options are either a disability pension equal to 75% of your final average salary or 50% of your final average salary. Both are tax-free.
How you sustained your injuries is the determining factor on which percentage you receive. To be eligible to receive the 75% accidental disability pension, the individual must be “physically or mentally incapacitated for performance of duty as the natural and proximate result of an accident.”
As the definition of accident is determined from the many cases decided by the NYS Appellate Division, Third Department, there is significant room for varied interpretations. This is one of the many reasons why an attorney is invaluable during this time. They protect your rights and stop any misinterpreted view of your accident from getting your claim thrown out.
The only difference for the 50% accidental disability pension is that there is no requirement for an accident. A police officer simply must have a disability sustained while serving.
A 25% difference is a huge amount of money to most people and often makes the difference between being able to pay bills or not. Do not let the system strong-arm you into accepting a lower number when you potentially qualify for the 75%. Our attorneys at Fusco, Brandenstein & Rada, P.C. are ready to help you during the claim process and provide sound counsel to fight for your full disability pension rights.
Consult a Long Island Police Disability Attorney Today
If you are a law enforcement officer who was injured in the line of duty, do not wait to get the help you need. Call us today at 516-496-0400 to schedule a free consultation. We can answer any of your case-specific questions during this meeting, as well as discuss what options are available to you.