Police Duty Disability
POLICE OFFICER DISABILITY BENEFITS
If you were injured on the job, you may be eligible to apply for duty, occupational or ordinary disability benefits.
Duty disability may be awarded if a officer becomes disabled by an injury incurred in the performance of an act of duty, which is defined as “any act of police duty inherently involving a special risk, not ordinarily assumed by a citizen in the ordinary walks of life…” A duty disability benefit award is 75% of the officer's salary at the time the disability is allowed. If the disability resulted from any physical or mental defect, disorder or disease which existed at the time the injury was sustained, the duty disability benefit is limited to 50% of the officer's salary. When the disability is of such a nature as to render the officer totally disabled for any job whatsoever, the officer may be entitled to total and permanent disability benefit, which is 75% of the officer's salary at the time of removal from the police department payroll.
Occupational Disease Disability
This typically applies to officers who suffer a heart attack or any other disabling heart disease. CPD officers must have at least 10 years of service to be eligible to receive such an award, which is 65% of the officer's salary at the time the disability occurs.
Ordinary disability benefits may be awarded to those officers who become disabled as the result of any cause other than duty or occupational disease disabilities. Ordinary disability benefits is 50% of the officer’s salary at the time disability occurs. This benefit is provided to an officer 1 year for every 4 years of service, with the maximum number of years being 5.
Applying for Disability Benefits in Chicago:
Every active officer is entitled to 365 days of medical time for each injury on duty. Within 2 months prior to the time period ending, an officer should prepare to file for duty disability. It is important to file the paperwork on time, since officers often are on no-pay status, when they get off medical role and are waiting for the initial pension hearing. The following steps must be completed in the order listed:
Notify the CPD Medical Services Section of your intention to apply for disability benefits.
Complete a PAR (Personnel Action Request) Form and medical records release form allowing the Medical Section to copy and send your medical file to the Pension Board.
Notify the Pension Board of your intention to apply for disability benefits.
Complete your duty disability application after the Pension Board advises you that it received your medical files.
Attend an appointment for examination by a Fund physician.
Once the Board receives the report from the Board's doctor, the Board will then schedule a hearing where an officer can present their evidence, after which the Board will approve or deny your application. If you fail to provide sufficient evidence at this hearing, the chances of having a court overturn the Board's decision are extremely low. At Rothmann Law, LLC we know what it takes to present sufficient evidence during the hearing, to increase the chances that the courts will overturn the Board's typical denial of benefits.