Can Peace Officers Sue for On-Duty Injuries in Washington State?
free consultation
“Amy helped me with my auto accident. She was very professional and got me the best outcome that could have happened in this situation. I highly recommend her for auto/injury litigation.”
Peace officers (Agents, deputies, officers, and/or troopers) often assume they cannot sue criminals for injuries sustained in work-related crashes, relying solely on workers’ compensation. This is not accurate. In Washington State, officers can pursue civil claims against at-fault parties, including criminals and their insurers, for damages beyond workers’ comp benefits. I have and we won.
Why pursue a claim?
Pursuing a civil claim as a peace officer injured in an on-duty collision offers several critical advantages beyond relying solely on workers’ compensation. While workers’ compensation provides essential benefits like medical care and wage replacement, it often falls short in addressing the full scope of long-term impacts and financial burdens.
Workers' Compensation May Not Cover All Expenses
In Washington State, benefits for peace officers include presumptions for certain conditions like PTSD from traumatic events, but limitations exist—such as caps on wage replacement (often 60-75% of earnings) and no coverage for non-economic losses. A lawsuit supplements this by targeting the criminal’s assets or insurance for uncovered costs, like extended therapy or adaptive equipment.
No upfront costs
Claims proceed on a contingency fee basis, meaning legal fees are only paid upon a successful outcome, reducing financial risk during recovery. Upon a successful outcome for the plaintiff, I deduct case fees and a predetermined percentage from your award.
Full compensation
Workers’ compensation covers medical expenses and lost wages but typically excludes pain, suffering, and emotional distress. Lawsuits allow recovery for these, which are common in high-stress pursuits leading to injuries like traumatic brain injury (TBI), spinal cord damage, or whiplash.
Addressing Unknown Medical Issues Down the LinE
Many injuries from car crashes in pursuits do not appear immediately but can emerge months or years later, such as chronic back pain, post-traumatic stress disorder (PTSD), or neurological complications. Workers’ compensation may not fully accommodate these future needs, whereas a successful claim can provide funds for ongoing treatment and rehabilitation.
Legal Basis
Being a peace officer does not mean that you forfeit your legal protections or remedies. For example, in pursuits, if a criminal’s reckless or intentional behavior causes harm, officers can file tort claims for negligence or assault. Immunity protections for officers do not bar them from suing; instead, they limit criminal defenses.
Real Case Example
A peace officer engaged in a pursuit with a fleeing driver attempted a lawful intervention technique to stop the vehicle and was then rammed by the suspect, resulting in a collision and injuries to the peace officer. Despite assumptions of workers’ comp exclusivity, I secured a six-figure settlement from the criminal’s motor vehicle insurer, covering damages beyond standard benefits.
Why Choose Amy C. Brown Law?
If you’re a peace officer injured in a work-related crash, Amy C. Brown Law is uniquely equipped to handle your case. With over ten years of experience, including a successful six-figure settlement for an officer injured during a lawful pursuit, I understand the complexities of suing criminals and their insurers. My defense background provides strategic insight into countering insurance tactics, ensuring robust evidence handling to maximize your recovery. Unlike large firms, I offer personalized attention, working directly with you to navigate legal complexities while you focus on healing. Operating on a contingency fee basis, there are no upfront costs, and my commitment to accountability aligns with your pursuit of justice. Contact me today at (425) 675-1224 for a free, no-pressure consultation to protect your rights and secure the compensation that could safeguard your financial future.
File Your Claim On Time
In Washington State, the statute of limitations for most personal injury claims is three years, however, there are exceptions. For this reason, if you’ve been hurt under any circumstance, you should reach out me sooner, rather than later.