First Responder Injury Lawyers
Responding to emergency calls out on the road is one of the biggest hazards that first responders such as Fire, EMT, and Police face on a daily basis. Sadly, we hear too often of a first responder being hit by a vehicle while working out on the road. When injuries happen to first responders while out on the job, what coverage options do they have?
Since First responders are “on the job”, and they will be covered by workers’ compensation. But workers’ compensation doesn’t cover all the injuries, and it only pays back a portion of lost wages. There are benefits to workers’ compensation but there are also downsides. It doesn’t provide any compensation for the pain and suffering, effects on the family, or what we call “non-economic” types of damages. Workers’ Compensation really isn’t designed for these types of situations.
But, uninsured motorists’ coverage, is.
So, the question is, will uninsured motorists’ coverage cover first responders out on the job site.
Uninsured motorists’ coverage (if you have it) is in your auto coverage and it covers you, as a person, and it follows you wherever you go. If a first responder is at a scene, and a vehicle comes into that work zone and injures somebody – they would generally have coverage under their personal uninsured motorist’s coverage. Generally, you do not need to be in a vehicle to be covered under uninsured motorist coverage. You only need to be injured by an uninsured or underinsured vehicle. But a lot of uninsured motorists’ coverage in personal policies will not cover you if you are on the job. So, you must also look at your employer to have uninsured motorists’ coverage. Or, you need to have your own policy that provides coverage for you while you are on the job.
Another loophole that insurance companies like to use to get out of coverage is that the policy will provide uninsured motorists’ coverage unless you are in a vehicle that is not insured under the policy and is available for your regular use – like a police cruiser, ambulance or fire truck. So how do police and EMTs and fire fighters get to the scene of a crash? They come in a fire truck, ambulance or police cruiser. These vehicles are not owned by the first responders – they belong to the municipality or governmental entity. Their own personal insurance policies may use that as an exclusion if they are travelling in a vehicle that is not owned by them personally.
There are policies available that will provide coverage to first responders while they are on the job and that is worth a first responder checking with their insurance agent and ask, “Am I going to be covered under my uninsured or under insured motorists’ coverage if I am on a scene of a call out on the road and I am injured by a car?” It is worth putting that question to your insurance agent in writing in an email and keep that response.
As we look at this situation in Ohio the law used to require uninsured motorists’ coverage be provided by the insurance company – they had to give it to you! That is how the law was designed. It was later tinkered with by the legislature and was removed. Now, Ohio does not require insurance companies to provide uninsured or under insured motorists’ coverage. You must specifically ask for it.
Here at Willis, Willis & Rizzi we feel it is the most important coverage in your policy because it is the only coverage that covers YOU. Everything else in your insurance coverage is designed to cover vehicles, property or somebody else. If you’re not insuring yourself for what you think you’re worth, you can’t rely on other people to be insuring you for what you think you are worth.
Too many drivers out there have no insurance – it is estimated that 20% of drivers don’t have insurance. Other drivers have minimal coverage; in Ohio all you need to be legal is $25,000 in coverage.
If you are seriously hurt, how far does $25,000 go? Not very far!
Why Choose Willis, Willis & Rizzi?
Willis, Willis & Rizzi are in a unique position to handle personal injury cases for first responders. We have gone to trial for first responders who have been injured on the job. Mark Willis has a unique background because he has been an attorney for nearly 40 years but also has been a first responder for 18 years! He knows what goes on in both worlds (from the first responder perspective as well as dealing with the legal side of a personal injury case) so we have the unique insight of having an attorney who was also a first responder.
Are you a first responder who has been injured while on the job? Contact Willis, Willis & Rizzi and speak to a personal injury attorney today.
