Peace officer workers compensation out-of-state

During the deadly Las Vegas shooting in October 2017, many California peace officers attending the event jumped into action, pulling attendees to safety. In the course of doing so, some of the off-duty deputy sheriffs and district attorney investigators were injured.

Prior to Assembly Bill 1749 (an amendment to Labor Code Section 3600.2), these individuals may have been denied claims for workers compensation because the incident occurred outside of California. As it now stands, “an employer, at its discretion or in accordance with policy, is not precluded from accepting liability for workers’ compensation for peace officer injuries sustained outside of the state.

To be clear, the bill does not compel public agencies to provide workers comp benefits in these situations, instead it grants them permission to do so at their discretion.

At a time when public safety is perceived to be at-risk, peace officers have seen an expansion of rights designed to protect their ability to take action against threats, whether or not they are on-duty or even active. In 2004, George W. Bush enacted legislation which allows both active and retired peace officers to carry concealed weapons anywhere in the United States, regardless of state or local laws (aside from some very limited exceptions).

The bill was brought forward by Assembly Member Daly (Dem – 69th District) in January 2018. It was co-authored by members Quirk-Silva (Dem – 65th District), Bates (Rep – 36th District), Grayson (Dem – 14th District), Mayes (Rep – 42nd District), Rodriguez (Dem – 52nd District) and Wilk (Rep – 21st District).

John Rosenbaum is an Orange County Workers Compensation and Personal Injury attorney with decades of experience serving southern California communities. If you believe you may be in need of legal representation, contact our offices today to schedule your 100% free, no obligation consulation.

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