Police & Firefighter Injuries

Filing a Line-of-Duty Injury Lawsuit Against the City of New York 

In the past , police officers and firefighters had been  prohibited from suing anyone if they were injured while on the job in the line of duty. A line of duty injury is one that occurs while the police officer or firefighter is actively in the course of their duties.

So, if a police officer was injured while chasing a perpetrator or a firefighter was hurt while battling  a fire, there was no right to sue the City of New York or any private defendant. This was the case even if the injury resulted from negligence on the part of the City or a private entity or individual.

Seeking Compensation from the City for Injuries Not Suffered in the Line of Duty

Generally, an employee cannot sue their employer as they are limited to bringing a workers’ compensation claim. However, police officers and firefighters are not covered by workers’ compensation insurance, so they have the right to sue the City of New York for injuries if the City or its employees were  negligent.

For example, if a police officer is riding in a patrol car as a passenger and the driver’s negligence causes their accident-related injuries, the city may be responsible. If a firefighter slips and falls in a firehouse because of a continuously leaking pipe in the restroom, the city may also be responsible.

Seeking Compensation from Other Parties for Injuries Not Suffered in the Line of Duty

Police officers and firefighters have the right to sue for injuries that result from any other public or private defendant’s negligence regardless of whether they were in the line of duty at the time of the incident.

Cases for accidents that occur while not in the line of duty operate much like any other personal injury case. As long as the evidence shows that another party was negligent and that negligence resulted in injuries, police officers and firefighters can recover compensation just as any other civilian would.

How the Firefighter’s Rule Applies to Line of Duty Injuries

Now, under General Municipal Law Section 205-a, known as the Firefighter Rule, firefighters and police officers may sue the City of New York or private defendants when a violation of a law, rule, or order results in their accident-related injuries while they were in the line of duty.

If a police officer in the line of duty is injured while chasing a perpetrator because of a broken sidewalk curb which the City had prior written notice of, that police officer has the right to bring a lawsuit against The City of New York. Similarly, if a firefighter is hurt while fighting a fire and the injury happened because a defendant, public or private, violated a law, rule or order, they can sue that liable party.

After an accident, police officers and firefighters who become victims of another’s negligence, may recover damages for any physical or emotional injuries they sustain, in addition to any lost benefits to which they would have been entitled if they were not injured on the job.

Our Managing Attorney Is the Chief Counsel to the Tri-State Law Enforcement Foundation

Salvatore Aspromonte, the managing attorney at Dansker & Aspromonte Associates LLP, has a long history of serving the law enforcement community.  He is currently the Chief Counsel to the Tri-State Law Enforcement Foundation. Tri-State Law Enforcement works closely with top law enforcement officials in New York, New Jersey, and Connecticut along with elected representatives of fraternal, religious, ethnic, and union organizations to provide guidance and support to police officers and their families.