NJ Cops Nov18 | Page 11

of much litigation, and that there are certain exceptions to this “Going and Coming Rule.” One such exception is when an in- jured employee is directed by the employer to report to work at a time and/or work location which is not during his or her regular scheduled work hours and/or work place. For law enforcement officers, a prime example of this would be when they are called to assist in emergency situations that do not occur during their regularly scheduled work hours, such as a catastrophic weather event or the investigation of major crimes. When officers are re- sponding to these situations at the direction of their employer and are injured, these are referred to as a “special mission” and constitute an exception to the going and coming rule. Another off-duty exception would occur in situations when of- ficers are not working on the clock but are forced to take some form of police action because of their sworn oath of office. Illus- tratively, this would apply to an officer who witnesses, and then intervenes in, a major crime or accident in which she must act because of her obligation as a sworn law enforcement officer. In situations such as this, the officer’s injuries should be com- pensable in workers’ compensation even though it did not occur during the officer’s regular work assignment. Once applicable, the Workers’ Compensation laws entitle offi- cers to a wide variety of benefits. Most important, workers’ com- pensation awards are not limited to salary but often may include a lump-sum payment as well or: • Payment of Authorized Medical Treatment. (However, the health care provider chosen is at the preference of the em- ployer.) • Temporary Total Compensation Benefits. (These are the ben- efits which an officer is paid while unable to work, paid at a rate of 70 percent of the gross weekly wage to a maximum amount set annually by the Department of Labor. However, these benefits may be subject to contractual collective bar- gaining agreements.) • Permanent Partial Disability Benefits. (These are payments made for a partial disability which is permanent in nature.) • Permanent Disability Benefits. (These are lifetime benefits paid when an officer is totally permanently disabled from any occupation.) • Dependency Benefits. (These are benefits which surviving dependents are entitled to receive, subject to statute. N.J.S.A. 34:15-13.) It should be further noted that attorney fees are set by the com- pensation judge and are equally payable by the employer and from the employee’s award. Finally, it is important to recognize that workers’ compensa- tion benefits are often affected by other New Jersey statutes and/ or relevant case law which either overlap or interact with the New Jersey Workers’ Compensation Act. This includes Public Employ- ment Disability Pensions, as well as third-party recoveries, which are claims against individuals or entities other than the employ- er, whose negligence caused or contributed to the injury (e.g. a driver of an automobile who causes injuries to the officer while on patrol). Application of these rules can be complex and require knowledgeable counsel. If you are injured, it is critical that you notify your employer of the injury, stating the scope and specifics of what occurred. That record will be important as you go forward with your workers’ compensation case. Preserve those records and ensure they can be provided to your attorney. Dan Geddes of this office is a Certified Workers’ Compensation Law attorney and a retired detective/sergeant with more than 26 years of service with the Elizabeth Police Department. Dan has handled thousands of compensation cases for law enforcement officers. We welcome the opportunity to provide you with advice and assistance. Please feel free to call Dan at 973-623-1822. d www.njcopsmagazine.com ■ NOVEMBER 2017 11