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It's safe to assume that not every patrol officer would face the same employment relations conflict Sue McCune is up against following an injury on the job. However, no officer can simply assume he or she always will be safe from harm when responding to an emergency call. The reality is that being hurt in a motor vehicle accident is an ongoing risk on the streets. What if it happened to you? What would be your options, in terms of seeking to continue your employment and/or of receiving financial relief from established official sources? To get the answers to these vital questions, News 'n Views interviewed Kevin Kales, a partner in the law firm of Klass, Legghio, Israel & Gorchow and a consultant to MAP on Workers' Compensation matters. While Kales cannot speak directly to the McCune case, he can speak with expert authority on the alternatives available to officers who suffer injuries on duty. He discussed three prominent options in his News 'n Views interview: workers' compensation, Michigan's Motor Vehicle Accident Fund, and the Americans with Disabilities Act. Workers' Compensation "The underlying question is whether the accident clearly was work-related," he said. "If so, the injured officer would be entitled to weekly Workers' Compensation wage loss benefits, plus medical care for the injury - all reasonably-connected medical bills, including physical therapy. And, if he or she could not get back to work without help, vocational therapy." "If the employer offers a deal, another job within the organization, the claimant has a duty to try the job if he or she can physically perform its duties. If the officer cannot perform the duties, they will return to Workers' Compensation. A further option is for the employer to adjust the working conditions so as to enable the employee to perform it. "Even if the alternative job pays less than the original one, the injured person must attempt to perform it." In such a situation, the worker can get the new, lower pay plus partial Workers' Compensation benefits." "The emphasis here is on the word 'partial.' Workers' Comp will make up only a part of the continuing wage loss. The formula that establishes how much 'partial' comes to in any given case is restrictive. It isn't a lot of money and it will not bridge the dollar gap between the old wage and the new." Kales explained that these are issues that arise under the law, and do not address contract provisions. "Contracts are an entirely different matter," he emphasized. "What I have covered is what the law assures an officer or any other worker who has a work-related injury." "A labor relations agreement can bring even more benefits than the law provides, but it cannot take away anything that is assured under the law." The Motor Vehicle Accident Fund Officers injured in a traffic accident involving an uninsured motorist while on duty must take one essential measure, Kales said. "Notify everyone!" he declared. "Whenever such a situation occurs, you must notify your own private auto insurance carrier and the employer's carrier. You should insist that the employer notify the Motor Vehicle Accident Fund. You can contact that agency yourself, but make sure the employer does. "Michigan's Motor Vehicle Act might offer additional benefits, over and above Workers' Compensation, depending on the details of the accident." The Americans With Disabilities Act "It is possible that this law will come into play, but it isn't by any means automatic," Kales said. "While it applies to injured persons as well as those who are handicapped from other causes, the ADA has a specific limiting definition: to qualify for protection, a disability must be severe enough to substantially limit one or more major life activities." |
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