Are retired law enforcement entitled to workers comp benefits?

by Joan

If a retired Nevada law enforcement officer is hurt by a suspect from a previous case after the officer has retired, is he or she entitled to benefits from the incident? Is there any way to get a settlement for pain and suffering from the injury? Thanks for any information you can give about how workers comp would handle something like this.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Are retired law enforcement entitled to workers comp benefits?":

Joan (Nevada):

Unfortunately, once your husband severed employment with the police agency he forfeited his right to workers compensation benefits. This is the case even if a perpetrator from a previous case assaulted him during his retirement.

There is another avenue available to you husband. You may be aware of the State of Nevada's victim compensation fund. The fund provides compensation to victims of crimes which occurred in the State of Nevada. You can go directly to the State's site and request a form.

Additionally, your husband can contact the state prosecutor assigned to the perpetrator's case. You can ask if the perpetrator is going to receive a probated sentence. If so, you can ask the prosecutor to ask the judge to order the perpetrator (as part of the conditions of probation) to make monthly restitution payments for the costs related to your husband's injuries.

Those costs can include your husband's medical bills, out of pocket expenses, and lost wages. Pain and suffering can not be made part of the restitution.

If the judge agrees to order the perpetrator (defendant) to make restitution payments as part of his conditions of probation, your husband will subsequently receive monthly checks from the state or county until his costs are fully reimbursed.

If the perpetrator fails to abide by his probation conditions, and ceases making restitution payments, his probation can be revoked and he can be sent directly to jail or prison, depending upon the seriousness of the assault and whether it was a misdemeanor or a felony.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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