Is There Any Defense to A Use of Force Claim?
Yes. Law Enforcement Officers are subject to traditional workers’ compensation rules. One rule involves physical contact. It is the initial aggressor rule which is a defense which can bar a claim. Thus, if a Police Officer is determined to be the initial aggressor and is injured, it is possible that the claim could be barred. Thus, Police Officers must act with caution when doing their duties. For workers’ compensation purposes, It is very important that a Police Officer initiates physical conduct in accordance with the direction of a superior officer or department policy. Absent those measures, any action should be in response to an act of physical aggression by a suspect would not be subject to the initial aggressor defense. Issues concerning initial aggressor rule are likely to be the subject of controversy as there is an increase These measures are extremely important in light of both body cameras operated by the officers as well as the many third-parties that are recording these clashes.
The basis for the initial aggressor defense is Labor Code Section 3600(a) (7). It requires that a workers’ compensation case “does not arise out of an altercation in which the injured employee is the initial physical aggressor.” As such, if the Police Officer was instructed to initiate the altercation by supervision, arguably they would not be the initial aggressor. Arguably, their supervisor would be the initial aggressor.
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