Top Mistakes First Responders Make After a Line-of-Duty Injury in New York
First responders such as police officers and firefighters put themselves at risk daily to ensure everyone’s safety. Apart from dealing with the risks of their jobs, sometimes they often confront dangerous situations caused by other people’s negligence. When a first responder suffers an injury while on the job due to the negligence of a third party, New York law allows them to file a civil lawsuit against the negligent party. These lawsuits can offer compensation that goes beyond workers’ compensation benefits. However, to recover fair compensation, it’s vital to ensure you handle your claim correctly from the start. You need to be careful not to make mistakes that can weaken your case or jeopardize your chances of recovering the compensation you deserve.
Unfortunately, many first responders make mistakes after an injury that hurts their chances of recovering fair compensation. Understanding some of the most common mistakes first responders make can help you steer clear of them and protect your rights. Below are some of the most common mistakes first responders make after a line-of-duty injury and tips to help you protect your rights.
1. Assuming the Firefighter’s Rule Automatically Bars You From Filing a Lawsuit
One of the most common mistakes first responders make after suffering an injury while on the job is assuming that the “firefighter’s rule,” which historically limited lawsuits for injuries sustained while performing official duties automatically bars them from filing a lawsuit. This is not true. New York’s Legislature made some key exceptions that allow first responders to take legal action for injuries resulting from violations of codes, laws, or ordinances.
How to protect yourself:
Don’t assume you are automatically barred from filing a claim. Speak to an attorney for help determining if you have a valid negligence claim against a third party.
2. Failing To Document the Violation or Hazard
New York Law grants first responders a special right of action for injuries or wrongful death caused by violations of laws, codes, or ordinances, overriding the traditional “firefighter’s rule” which barred such lawsuits, allowing them to sue third parties, such as property owners for dangerous conditions. However, these claims are heavily dependent on evidence. If the hazard, dangerous condition, or violation is not documented quickly and accurately, it may be repaired, cleaned up, or altered before a proper investigation can take place.
How to protect your rights:
If it’s safe and your condition allows, take pictures and videos of the hazard, dangerous condition, or code violation. If you cannot document it yourself, ask someone like a colleague or supervisor to help.
3. Failing To Report the Injury Immediately
One of the biggest mistakes after a line-of-duty injury is not reporting the injury immediately to a supervisor. Making a timely, accurate, and thorough report is vital for helping establish the link between the incident and the injury.
How to protect your rights:
Provide an accurate and thorough written report to your supervisor as soon as possible after your injury.
4. Delaying Medical Care
As a first responder, you may be tempted to push through your injuries. However, delaying medical care can harm both your health and case. Insurance companies and defense lawyers can use your delay to argue that your injuries aren’t as severe as you claim or were caused by another event.
How to protect yourself:
Seek prompt medical care and follow your doctor’s orders to protect both your health and legal claim.
5. Waiting Too Long To Speak to a Lawyer
New York has strict deadlines when it comes to negligence claims. Missing a deadline can permanently bar your claim, regardless of how strong your case is.
How to protect yourself:
Contact a lawyer as soon as possible after your injury.
Contact Us for Legal Help
If you suffered an injury in the line of duty, contact our experienced Long Island first responders injury lawyer at Jacobson Law for help protecting your legal rights.
