In certain circumstances when you are injured during the course and scope of your employment you may be able to bring a civil claim against the third-party, other than your employer, who is ultimately responsible for your injuries. When pursuing a claim against a third-party or a “tortfeasor” the parties must also consider that workers’ compensation insurance carrier also has a claim against the responsible negligent party. In these situations, it’s often expedient to work together with the workers’ compensation carrier to maximize your total recovery from all the different sources, whether they be Minnesota workers’ compensation benefits, PERA/MSRS Duty Disability benefits, or civil proceeds. The enemy of my enemy is my friend.

The attorneys at Meuser Law Office, P.A. have represented hundreds of police officers and firefighters in Minnesota workers’ compensation and PERA/MSRS disability claims over the years. Unfortunately, there are times when the injury is career-ending and the individual is left wondering what to do next. Oftentimes the police officer or firefighter is too young to retire or do not know what to do once their career in law enforcement and/or firefighting is over. Most have no other experience and the only career path they wanted was to be a cop or firefighter. Our good friend and former client, Chuck Gollop, found himself in that very situation. We recently reached out to Chuck and asked him to share his story with us and how he turned his career-ending injury into the next phase of his life. Here is Chuck’s story:

As of January 1, 2019, a new law has gone into effect that may drastically change the way work-related PTSD claims are handled in Minnesota. For PTSD injuries that occur on or after January 1, 2019, there is now a presumption for first responders that their PTSD is work-related. A first responder’s PTSD still must meet the criteria set forth in the DSM-V and be diagnosed by a doctor of psychology or a medical doctor working in a related field. The covered “first responder” positions include:

In cases where Minnesota police officers or firefighters are injured in the line of duty through the fault of a third-party, typically a suspect or the driver of another vehicle, then he or she has a separate cause of action against the negligent person, outside of PERA/MSRS benefits and workers’ compensation benefits. In those cases, sometimes defendants try to argue to the jury that the officer or firefighter did not truly sustain any economic damage because he or she has been adequately compensated for his or her loss by PERA or MSRS Duty Disability benefits.