We get emotional\u00a0 — rightly so \u2013 when a law enforcement officer is injured by a criminal in the line of duty.<\/p>\n
Robin Hopkins, a Bernalillo County sheriff\u2019s deputy, was shot by a fleeing criminal in October and is facing a long recovery.<\/p>\n
One recent TV news report stated, \u201cBecause she is no longer contributing to her retirement, she is having to take a 30 percent pay cut.\u201d\u00a0 Oh, dear.\u00a0 That is so inaccurate.\u00a0 It\u2019s not a pay cut.\u00a0 It\u2019s workers’ compensation.<\/p>\n
The Bernalillo County commission took special action for Deputy Hopkins last week, adding 22 hours per week of administrative leave to the benefits she was already receiving.\u00a0 According to Sgt. Aaron Williamson, sheriff\u2019s department information officer, the sheriff is now determined to fix the problem for all law enforcement officers injured in such circumstances.<\/p>\n
I had previously checked with Joe Crelier of Bernalillo County\u2019s risk management department. This article combines what he told me and my prior knowledge of workers’ comp.<\/p>\n
Workers’ comp treats a deputy shot by a criminal the same as any worker injured at work.\u00a0 The law applies equally to public and private employers. \u00a0Heroism doesn\u2019t count in workers’ comp.\u00a0 That\u2019s intentional; it\u2019s a no-fault system, intended to simplify decision-making.\u00a0 No fault, no glory.<\/p>\n
Bernalillo County provides additional benefits beyond workers’ comp.\u00a0\u00a0 These benefits also apply to any injured county employee, not just a heroic one.<\/p>\n
Anyone whose work-related injury makes him or her temporarily unable to work receives \u201ctemporary total disability\u201d (TTD) workers\u2019 comp benefits.\u00a0 These benefits are, by law, two-thirds of the worker\u2019s average weekly wage, including applicable overtime. \u00a0Because it\u2019s an insurance benefit, not a wage, there is no income tax, so the net result is higher than two-thirds.<\/p>\n
TTD is never 100 percent of wages because a century of worldwide workers\u2019 comp experience has shown that workers who get 100 percent of their wages for staying home doing nothing are likely to continue staying home forever. \u00a0That would lead to crippling insurance costs and to a lot of former workers who thought they were gaming the system but in fact were making themselves miserable with no purpose in life.\u00a0 \u00a0There\u2019s a century of experience on that, too. After recovery, if there is a permanent physical impairment, additional benefits are paid.<\/p>\n
Workers\u2019 comp pays all the medical costs related to the injury, with no deductible.\u00a0 If the worker does not give up the benefit with a legal settlement, it will continue to cover all injury-related medical care for the rest of her life.<\/p>\n
A Bernalillo County employee gets addional benefits from the county\u2019s \u201cinjury time\u201d policy. According to Crelier, the county pays the employee\u2019s health insurance premiums, including family coverage.\u00a0 The employee accrues vacation and sick leave; when she\u2019s recovered, she has credit toward a vacation. Some employees, depending on their wages, receive a cash supplement.<\/p>\n
Injury time lasts up to 20 weeks, said Crelier. The administrative leave provision extends them for Deputy Hopkins.<\/p>\n
Then there\u2019s the retirement issue. \u00a0Workers\u2019 comp benefits are not wages. The off-duty worker is not contributing to PERA, the state\u2019s pension fund, therefore not accruing credit toward retirement. \u00a0The worker has to work additional months before qualifying for a pension.\u00a0 With administrative leave, Deputy Hopkins is now accruing time toward retirement.<\/p>\n
There\u2019s a good chance we\u2019ll see legislation on this subject and that other law enforcement agencies will jump on this bandwagon. The ordinary benefits accorded injured employees may not be good enough for injured heroes.<\/p>\n
I\u2019m all for it, but here\u2019s my plea: keep it separate and outside of workers\u2019 comp.\u00a0 That system is complicated enough already.<\/p>\n
Contact Merilee Dannemann through www.triplespacedagain.com<\/a>.<\/em><\/p>\n Triple Spaced Again, \u00a9 New Mexico News Services 2013<\/p>\n","protected":false},"excerpt":{"rendered":" We get emotional\u00a0 — rightly so \u2013 when a law enforcement officer is injured by a criminal in the line of duty. Robin Hopkins, a Bernalillo County sheriff\u2019s deputy, was shot by a fleeing criminal in October and is facing … Continue reading