Law Enforcement Injury/Retirement

[Stodelle]

I am an 8 year veteran of a Southern California Sheriff's Department. In May of 2000, I was injured in an altercation with a suspect. During this altercation, I ruptured the disk at L5/S1. My first surgery was done in September of 2001 which did not work. I had to go in for a 2nd surgery in February of 2002. this 2nd surgery involved the addition of titanium screws and a fusion of the vertebraes. It will be August of 2002 before we even know if the bone is growing properly.

I am currently on paid medical leave for the injury. My paid leave ends in August and I have already been told by the county that I am too much of a liability and can not return. I have been sent a retirement package to fill out and start the retirement process which takes anywhere from 5-8 months. The county is also bound by state law to pay for job retraining for me.

First question...Is it possible to sue the county (outside of workers comp) as I am obviously permanently disabled as a result of my employment? I am still young (just turned 30) and now walk, live and move like a 60 year old man.

Since I have a workers comp attorney, should I seek out a personal injury or retirement attorney as well?

Also, after the initial injury, I went to see my personal doctor using my personal insurance. Due to a "paperwork error" in the county's favor, the proper paperwork was never forwarded to the doctor. This was not discovered until after my 2 nd surgery an audit of my work injury file showed that none of the paperwork had been forwarded as required. The claims adjustor said that since the insurance company had obviously not noticed it was a work related injury, that they would not go out of their way to inform them. My workers comp attorney said he thinks that they are doing this to avoid reimbursing the insurance company for the 2 surgeries and all of the treatments. I feel that it is also because of this that the county is pushing to get me retired quickly so that they can wash their hands of me and any medical reimbursement as well. Am I liable for for the debt the county obviously owes my Insurance company? If they retire me, and the insurance company discovers later that it was work related, can they come after me?

Any help in this matter would be greatly appreciated. I have so many questions, but of course I am drawing a blank at this time. I will post additional questions if I receive responses to these.

Thank you.

 

[Michael Wechsler]

Did you discuss the matter of hiring a second attorney to sue the state? It sounds as though you may have a case, at the very least with regard to the additional amounts you should have received but for the negligence (or intentional acts) of city employees.

 

[Stodelle]

LE Injury

My Worker's Comp attorney was the one who had advised getting a Retirement Attorney, however others I have talked to have mentioned suing the County due the injury I received during the course of employment. Others have mentioned suing the suspect (even though he is in state prison), and some have even mentioned suing the convenience store which I do not agree with.

A quick summary...I received a call of suspects preparing to rob a convenience store (national chain). When we got there, 4 suspects took off on foot. I chased the subject with the gun for well over a mile. He jumped on a bike that he took form a nearby house, and I tackled him off the bike. Somewhere during the run, which included sprinting up hills, jumping walls/fences, and the tackle, is when I injured my back.

I am not a "sue-happy" individual. I just want to assure I am compensated for the substantial injury I received. I have been told that my workers comp claim will only pay about $25k which to me seems very little for pain, ,suffering, and now having to find a new career.

 

[Michael Wechsler]

Speak to your attorney. You should sue everyone involved... but it may not be worth the money. Why? The defendants -- the suspects -- may be judgment proof. Ask your attorney why you didn't pursue the other avenues. He/she is probably in the best position to explain to you the reason for the strategy. Feel free to share the answer here. Much is fact specific.