Workers’ compensation: off-duty peace officer.
The changes proposed by AB 1749 mean that peace officers or their dependents are afforded the same benefits whether the officer is on or off duty, as long as their actions align with protecting the peace. This amendment is significant as it acknowledges the potential hazards peace officers face, even when off duty. The bill reinforces the need for employers to recognize certain off-duty injuries as compensable, which may impact internal policies of law enforcement agencies and their approach to workers' compensation claims.
Assembly Bill No. 1749, introduced by Assemblymember Daly, amends Section 3600.2 of the Labor Code, focusing on workers' compensation for off-duty peace officers. The bill expands the eligibility for compensation by allowing peace officers injuries incurred while attempting to apprehend violators or protect property, even when they are not acting under the immediate direction of their employer. One of the key features of this legislation is that it allows employers to accept liability for injuries sustained by peace officers while acting outside of California, including specifically addressing injuries related to the mass shooting in Las Vegas on October 1, 2017.
General sentiment surrounding AB 1749 appears to be supportive among law enforcement groups, as it directly addresses the recognition of peace officers' contributions to public safety, regardless of their employment status at the time of injury. However, there may be concerns regarding potential abuse of the system, as this broadened scope of workers' compensation could lead to questions about accountability and operational guidelines for peace officers acting in unofficial capacities.
While the bill seeks to honor the sacrifices of peace officers, it does open pathways for contention regarding the extent of benefits and potential discrepancies in application. Critics may argue that there should be more stringent guidelines to prevent misuse, especially as it allows for employers to accept liability for off-duty actions. The delicate balance between safeguarding public safety and ensuring the integrity of the workers' compensation system remains a point of discussion as it could lead to varying interpretations across jurisdictions.