Home » Law and Legal Articles » Recent Illinois Case Adds to Public Safety Employees' Disability Benefits
Recent Illinois Case Adds to Public Safety Employees' Disability Benefits
Under PEDA, public employers are required to pay full-time employees for up to one year if injured in the line of duty and unable to work.
November 19, 2011 /Law and Legal PR News/ -- Recent Illinois Case Adds to Public Safety Employees' Disability Benefits
The Illinois Court of Appeals recently ruled in Nowak v. City of Country Club Hills on some of the ways an injured public safety worker can receive help with medical expenses after an injury in the line of duty. The court determined that under Illinois's Public Employee Disability Act, or PEDA, and the Public Safety Employee Benefits Act, or PSEBA, an injured worker can be paid for 100 percent of his or her salary for one year following his or her injury while still receiving medical insurance premiums under disability benefits.
Under PEDA, public employers are required to pay full-time employees for up to one year if injured in the line of duty and unable to work. Under PSEBA, a public employee is entitled to continued health insurance coverage, which includes health insurance premium payments, after suffering a catastrophic injury while responding to an emergency.
One aspect to these benefits was recently put to the test. In 2005, an Illinois police officer was injured while trying to make an arrest. He was a member of the police union and working for the City of Country Club Hills. As legally required, the injured officer was able to receive all of his salary the year after his injury. When the PEDA entitlement period ended, the injured officer continued to pay the required premium share on his health insurance. From August 2005 to October 2008, Nowak's payments exceeded $8,000. In 2008, Nowak was awarded a line of duty disability pension which was retroactively applied to September of 2006 (when PEDA eligibility ended). All of his insurance premium costs were covered under PSEBA for that time period. However, when Nowak sought reimbursement for premiums paid back to the time of his injury, he was denied.
The officer brought a claim against the city to recover his expenses for the insurance premiums he paid.
Result in the Illinois Court of Appeals
The circuit court did not see things the officer's way, and ruled in favor of the city -- denying the officer his insurance premiums for that time period. The Illinois Court of Appeals overturned the circuit court, holding that nothing in either PEDA or PSEBA precluded an injured public safety worker from obtaining benefits under both statutes at the same time.
It may only be a short-term victory. The City of Country Club Hills has appealed the case to the state's Supreme Court on the question of whether an injured public employee can simultaneously collect the benefits provided under PEDA and PSEBA.
This case highlights the need for injured workers to obtain experienced legal help when trying to obtain disability benefits. A knowledgeable workers' compensation lawyer can allow an injured worker to obtain all of the benefits he or she earned after being injured on the job.
Article provided by Kedzie Law Offices, P.C.
Visit us at www.kedzielaw.com
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