Clermont, FL asked in Gov & Administrative Law, Employment Law and Workers' Compensation for Florida

Q: Who is liable when an off duty LEO is injured, outside of their jurisdiction, acting in a LEO capacity?

If an off duty law enforcement officer takes action in an emergency situation (like a shooting at a church), outside of his or her jurisdiction, who is liable if the officer is injured? My department is possibly allowing the use of marked and unmarked vehicles to attend religious services while off duty. The purpose is to deter attacks and to have equipment available to act in the event of an attack. The concern is for officers acting outside of their jurisdiction to preserve life. To clarify further, this is not during outside employment. This would be personal time at their personal place of worship. Simply using a department issued vehicle.

2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: Workers comp insurance should cover on-the-job injuries. The insurance should be carried by whomever is hiring the officer for the particular job, unless his/her department's insurance happens to cover in that situation.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
  • Tallahassee, FL
  • Licensed in Florida

A: The department should consult with a very experienced workers compensation lawyer to review all the facts and be sure of coverage under Florida’s complicated laws governing this issue.

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