Overview
If you are a police officer injured in a car wreck while on duty, the wreck may disrupt every aspect of your life. You may be treating with multiple providers, missing shifts from your agency, working light duty, and missing shifts from your part-time employment.
You have a claim against the driver who caused the wreck. Meanwhile, workers' compensation pays benefits for your medical treatment and the time you miss from your agency. However, your agency or its workers' compensation carrier will assert a lien against the money you recover from the at-fault driver. Fortunately, there are defenses to these liens that are available under Georgia law.
Justin has represented numerous state and local police officers injured in car wrecks while on duty. He handles the claim against the at-fault driver and the workers' compensation lien together, because the value of one depends on the enforceability of the other.
Read how a workers' compensation lien works →
Your claim against the at-fault driver
The at-fault driver's insurer does not evaluate your claim differently because the wreck happened while you were on duty. The insurer evaluates liability, medical causation, damages, and insurance coverage the same as it would for a private citizen.
Your dashcam video could be the most important piece of evidence to overcome a liability defense or prove the recklessness of the at-fault driver. Justin will submit open records requests to obtain all dashcam and bodycam videos, your call to dispatch, any 911 calls, and the corresponding CAD report. If the at-fault driver was cited or arrested, Justin will monitor the criminal case until there is a final disposition.
Lost wages
An injured officer may be placed on light duty long before being released to full duty. During this time, the officer typically cannot work overtime, and they are prohibited from working their part-time employment. In most cases, an officer's lost wages claim is comprised of missed regular time hours, missed overtime hours, and missed part-time hours.
Justin looks at paystubs, 1099s, bank records, and wage verification letters when presenting a lost wages claim. In some instances, an officer's lost wages claim exceeds the amount of their medical bills.
The workers' compensation lien
A workers' compensation lien is a claim against your personal injury settlement for repayment of the benefits your agency or its workers’ compensation carrier paid for your medical treatment and the time you missed from your agency.
The number on the settlement check from the at-fault driver's insurer is not the same amount you and your family keep. Attorney's fees, case expenses, and the workers' compensation lien reduce your net recovery. A lien that is reduced, avoided, or defeated can drastically change that result.
Justin has spent years negotiating workers' compensation liens for officers. Many lawyers are not familiar with these liens and the defenses that are available under Georgia law. He will explain what the law requires and whether the lien is enforceable.
See what is left after the lien →
Officers from any Georgia agency can call
Justin has represented numerous state and local police officers injured in car wrecks while on duty. Meeks Personal Injury Law represents officers from any agency in Georgia. Where you serve does not change whether he can take the case.
Your agency is not connected to and has no relationship with the firm. The case remains yours, and Justin communicates with you directly to your personal e-mail, not your agency e-mail.
Your commute can change the coverage question
Not every car wreck involving a police officer is covered by workers' compensation. For example, Justin represented an officer who was injured in a car wreck while driving home from work in his police unit. The claim settled after a lawsuit was filed. However, there was no workers' compensation lien because the officer was not on duty at the time of the wreck.
In another case, an officer was struck by a drunk driver while on duty driving to court. The case resolved with a pre-suit settlement for the at-fault driver's policy limits. A workers' compensation lien was asserted, but the lien was avoided because the officer was not made whole by the settlement.
Those outcomes came from different facts. Each case should be reviewed based on its unique set of facts before anyone assumes whether a workers' compensation lien applies or is enforceable.
Talk with the lawyer, not an intake department
Justin has practiced law in Georgia since 2007. When you send the details, he reads them. When the firm calls, you speak with him. The consultation is free and by phone.
You do not need to be a workers' compensation expert. Just let us know when the wreck happened, whether you were on duty, where you received care, and what notices or lien letters you have received.