Police officers or firefighters who sustain injuries in the line of duty with a third-party civil claim component to their claims, may be faced with the question if PERA and MSRS Duty Disability benefits should be offset from their wage loss recovery. Typically, workers who sustain injuries arising out of the course and scope of his or her employment may not bring a claim for negligence, meaning he or she may only have a claim for limited benefits under the Workers’ Compensation Act paid by the entity’s insurer or the entity itself if the City is self-insured for the purposes of workers’ compensation. If an injured worker is a police officer or a firefighter, and the injury is sustained while performing inherently dangerous duties specific to the public service position then he or she may also have a PERA or MSRS Duty Disability claim for benefits. If someone can demonstrate that a person or business other than the employer is the cause of the injury, then the claimant may bring a claim as against that the person responsible who acted carelessly or unreasonably. At Meuser Law Office, P.A. we have brought claims on behalf of firefighters who have been injured by negligent construction of buildings, police officers who have been injured in motor vehicle collisions, and police officers injured by suspects resisting arrest.
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