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
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