Work-Related Injuries to Police Officers
by Stacy Hobbs
The duties of a police officer are vast and varied. Depending on the shifts they work, what job they are working, and where they work, resulting work-related injury claims can create confusion regarding the responsible employers.
So, who is responsible for a work-related injury claim when a police officer is injured? Most of the time, that answer depends on which employer he or she was working for at the time of the injury.
Texas Labor Code 401.011 defines “course and scope” of employment in part by the following:
“… an activity of any kind or character that has to do with and originates in the work, business, trade, or profession of the employer and that is performed by an employee while engaged in or about the furtherance of the affairs or business of the employer. …”
TASB staff members are aware of a recent Contested Case Hearing decision citing that Houston ISD (HISD) was the responsible employer in a claim where one of their police officers, who was working part-time elsewhere, was injured at that part-time job. It should be noted that this case is currently being appealed to the Division of Workers’ Compensation Appeals Panel.
Fund member districts should not assume that they will be responsible for injuries to their police officers that occur when they are working a part-time job elsewhere and are paid by another employer.
While the Fund has no control over DWC hearing decisions and those of the courts, members can be assured that any workers’ compensation claim involving a member employed police officer will be investigated thoroughly, evaluated on its own merits, and the law will be applied accordingly.
For questions concerning specific claims, please contact your adjuster at 800.482.7276.