Can a police officer sue for personal injury?
Personal Injury - August 25, 2025
Police officers injured in the line of duty or while performing other job-related activities can file for workers’ compensation in Joliet and other locations in Illinois. However, when the insurance company fails to honor the claim or when other circumstances apply, a police officer can sue for personal injury against those responsible. Doing so is complicated and often requires help from a skilled Joliet personal injury lawyer.
Can Illinois law enforcement officers turn to workers’ comp when they are hurt?
Illinois police officers and firefighters are typically covered under the Illinois Public Employees Disability Act (PEDA) rather than the standard Workers’ Compensation Act. If you are hurt while serving in these roles, you can rely on the Illinois PEDA and file claims for benefits such as partial wages, medical expenses, and other losses. A successful claim depends on the following factors:
- You must be a full-time law enforcement, corrections, or probation officer employed by an Illinois public entity.
- You must be injured on the job.
- Your injury must keep you from engaging in your regular work activities.
- You must report the injury according to your department’s regulations.
You’ll need to provide carefully detailed records describing your work-related injury and your doctor’s statement about your disability. You’ll also need to submit an account of what happened, witness statements supporting your account, and a statement of how your injuries keep you from performing your duties.
When could you be eligible to file a personal injury lawsuit as an injured police officer?
While you can usually rely on PEDA for compensation while you recover, there are some instances where filing a lawsuit is appropriate. For example, if you are hurt while off the clock, you would not file a workers’ compensation claim but could work with injury lawyers to obtain compensation from those at fault.
Another instance might be if you discover your employer failed to comply with workplace safety regulations overseen by the Occupational Safety and Health Administration (OSHA) or other agencies. These situations are uncommon, but your personal injury attorney can guide you through filing your claim and reporting any violations.
What are some benefits of pursuing a personal injury claim as a police officer?
When police officers sue those who hurt them, they can obtain compensation for lost wages, medical bills, and other damages. The process is more complicated than filing a PEDA workers’ comp claim and often takes longer. Still, these personal injury claims allow victims to hold negligent parties accountable and usually secure a higher settlement offer.
If you decide to sue someone for personal injury, your lawyer will work to demonstrate how the other party owed you a duty of care, yet failed to uphold that duty. They will present evidence that shows how the defendant’s negligence directly led to your injuries, as well as documentation showing the value of your damage demands. If they are successful, you can recover physically and financially as you return to work.
If you are so severely hurt that you can’t go back to your job, your attorney can seek compensation for your lost earning capacity, future medical treatment, and loss of reputation. Another advantage of a lawsuit versus a workers’ comp claim is that you can include non-economic losses, such as your pain and suffering.
Let Horwitz, Horwitz & Associates advise you during your personal injury case
Personal injury cases for police officers are challenging, as the other party may claim you are partly at fault under Illinois’s modified contributory negligence statute. Instead of trying to manage your case on your own, turn to the law firm of Horwitz, Horwitz & Associates to help you seek compensation and healing so you can return to work. Send us an online message or call (800) 985-1819 to arrange a free consultation with a Joliet personal injury lawyer today.
