First responders like firefighters, police officers and EMTs put their life on the line each and every day. They know that there are risks involved, but that doesn’t stop them. However, this creates a predicament when it comes to injury compensation for these first responders. If the risk is assumed, should they really be able to seek damages beyond workers’ compensation if they are injured because of the actions or negligence of a third party?
Minnesota has a rather unique way of handling these cases, and the laws regarding first responder compensation have changed over the years. Here’s a closer look at the rights of first responders in Minnesota when it comes to seeking injury compensation.
The Fireman’s Law
Back in the day, first responders couldn’t seek additional compensation for injuries suffered in the line of duty due to a law known as the “Fireman’s Rule.” This law stated that first responders couldn’t bring personal injury lawsuits against negligent third parties because it was assumed individuals in these fields assumed all the risks inherent to their profession. Basically, the law states that since a firefighter can safely assume that they could be injured by running into a burning building, they can’t file a personal injury suit against the homeowner whose house caught on fire if they got hurt battling the blaze.
Minnesota courts eventually tweaked the law to suggest that first responders could seek personal injury compensation if they were injured due to “extraordinary risk or hidden perils caused by a third party.”
Abolishment of The Fireman’s Law
Times changed, and eventually Minnesota courts agreed that the Fireman’s Law was outdated and unfair to first responders. In 1982, they abolished the rule with the passage of Minnesota Statute 604.06, which states:
“The fireman’s rule shall not operate to deny any peace officer or public safety officer a recovery in any action at law or authorized by statute.”
In layman’s terms, this means that although police officers and firefighters assume risks in the line of duty, they may be eligible to bring a claim against a negligent third party if they are injured on the job. Workers’ compensation allows first responders to recover appropriate medical costs associated with their injury, but workers’ compensation doesn’t cover pain and suffering, which is accounted for in a personal injury case.
So if you are a first responder and you’ve been injured in the line of duty, reach out to Hey Workers. Not only can we help you with your workers’ compensation case, but we may be able to help you pursue a personal injury claim if a negligent third party contributed to your injuries. Contact us today.
