Expert Legal Services You Can Trust
No matter what legal services you’re in need of, our team at Scher, Bassett & Hames can help you. Our firm has over 60 years of experience, dedicating our services to helping people in need in the San Jose, CA area. Our lawyers and attorneys are extremely knowledgeable and are passionate about serving people when they need help the most.
Workers’ Comp for Police Officers and Firefighters
Here in San Jose, CA, there are many serious job hazards that police officers and firefighters face every day. This is why there is workers’ comp in place for when these situations lead to harm. Workers’ comp can help public safety workers to pay for wage loss and medical bills, but often it’s very difficult for those who truly need workers comp to get the help they need.
Work Hazards in the Line of Duty
Any job has an amount of risk, but for firefighters and police, there are many unique and hazardous situations that can result in serious injuries such as:
- Post-traumatic stress disorder (PTSD)
- Burn injuries
- Gunshot wounds
- Mental and emotional trauma
- Heart disease
- Injuries sustained in motor vehicle accidents
When you seek our services, you will have the best chance at getting the payment and outcome you deserve.
How the Firefighter’s Rule Applies to Line of Duty Injuries
Under the “Fireman’s Law” or the Firefighter’s Rule, it is stated that firefighters or police officers cannot sue any person or entity for injuries sustained in the line of duty unless a law, rule, or order was violated that then put the police officer or firefighter in harm’s way in which they suffered the injury. In these situations of violation, firefighters and police officers may sue the City of San Jose or any private defendants.
For example, if a fire started in someone’s home at no fault of their own and they didn’t do anything against the law and a firefighter then got injured by the collapsing home, said firefighter couldn’t sue the homeowner.
On the other hand, if the homeowner wasn’t up to code or was negligent, the firefighter could sue the homeowner for putting them in danger. If you’re not sure if you can sue in your situation, we can help. When you bring us your case, we will investigate to find any negligence or the possibility that there is someone to blame for the injuries you suffered.
Filing a Line-of-Duty Injury Lawsuit Against the City
If you were injured during your line-of-duty as a firefighter or police officer, you can sue the City of San Jose, CA. This means that if you were doing your daily duties as a police officer or firefighter and you were injured as a result of negligence on the part of your direct supervisors or the department you work for, you can sue the City of San Jose.
In Which Situations Can I Sue?
You may be wondering, when exactly can I sue? There are many different scenarios that sometimes must be assessed case by case. If you aren’t sure if your situation calls for legal action, contact our team and set up a free consultation. In this consultation, we can discuss with you whether you have legal grounds to sue. Some examples of these situations might be:
- Negligent Driving: In this situation, a driver may not be paying attention and hit a police officer or firefighter while they’re on duty at a crime scene or the scene of a fire. In this example, the worker who was hit could sue the negligent driver.
- Product Liability: Because of the incredible risks that police and firefighters experience on a daily occurrence, they are provided with personal protective equipment (PPE). If a piece of this PPE fails and causes harm to fall upon a police officer or firefighter, they can sue the manufacturer of the product and/or their department who provided them with the PPE.
- Premises Liability: If a firefighter or police officer gets injured while on a premise and that premise causes harm to the worker, they may be eligible to sue the landlord of the premise. These situations can involve structural collapses, loose tiles, uneven flooring, or dog bites.
- Slip, Trip, and Fall Accidents: Sometimes, a slip and fall can be a serious situation. For firefighters, sometimes there are leaky pipes in the firehouse that can cause a hazard that firefighters start to slip at. Similarly, police officers can be susceptible to hidden hazards that might cause an officer to fall.
Why Choose Us?
When you choose Scher, Bassett & Hames for your legal needs, you know you’ll be taken care of for an affordable price. Our expert legal team has the experience and knowledge needed to take care of you. We offer a long list of legal services including:
- Personal Injury
- Workers’ Compensation
- Criminal Defense
- DUI Defense
- Family Law
- Social Security Disability Claims
Contact our team today to get started with a free consultation. We can’t wait to hear your case and provide you with the legal help you need.