New York Police and Firefighter Fight at fundraiser
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New York City police and fireman have made the national news today. The two were gathered for their annual Fun City Bowl football game in an effort to raise money for their fallen comrades and families.
The event was apparently held in good spirits although the competitive side took over in the fourth quarter of the game. There was an alleged illegal hit on the FDNY quarterback which led to an all sides brawl.
The NYPD and FDNY must be commended on the efforts put forth in getting the coverage needed for the fund raising event.
I took a particular interest to the article posted on Fox News because as a Baltimore workers compensation attorney I have encountered a number of injuries that took place while at a company function or charity event. While some entitlements are increased for public safety employees the willful misconduct defense is still applicable. Analysis of this case should begin with determining if the worker was required to be at the function. Slight encouragement by coworkers would not be enough. Even some extra pressure to attend the work function from a supervisor may not meet the requirements needed for the injured employee to be cover under workers compensation. Analysis must also include whether the injured worker was in a place or location related to work. If the football game was on a field owned and operated by the police department then the department employees would be more likely covered by the employers workers compensation policy. It must be shown that the employer benefited in some fashion from the attendance of the employee. If there was absolutely no benefit to the employer then workers compensation will be hard to obtain from injuries sustained. Note however “benefit to employer” is often argued using some theoretical benefit rather than those that can be quantifiable.
Contact a Work Injury Maryland attorney for help