This is the second article in a series of three, explaining a correctional officer’s right to receive Duty Disability benefits following a debilitating, on-the-job injury. It is the perspective of the attorneys at Meuser Law Office that special consideration should be given to all government employees who devote their time to protecting the public, and, as such, they will work tirelessly to ensure injured correctional officers and other public employees are provided with fair access to Duty Disability benefits. Click here if you would like to read the first article in the series.
A. Element 1: Twelve Month Disability From Normal Duties
This element is largely self-explanatory. When a correctional officer is disabled from his or her normal duties for a period of twelve or more months, the correctional officer satisfies this requirement. It appears that to fulfill this standard a correctional officer does not have to be disabled from all duties that a correctional officer performs—rather, an officer must only be disabled from performing those duties that are considered “normal” to the job. Furthermore, correctional officers will often times apply for regular (non-duty) disability benefits in addition to Duty Disability benefits because the regular disability benefits has a lower standard. Regular (non-duty) disability benefits are awarded when: