Does workers’ compensation pay when a police officer is injured while responding to an incident off duty? 

Police officers put their lives on the line to protect the community every day that they are on duty. But an officer’s sworn duty to keep the peace does not begin when they report to the jobsite, or end when they leave. The law requires that officers  must act whenever they are needed to investigate a potential crime in the jurisdiction. North Carolina workers’ compensation law recognizes that fact, and makes the department responsible for injuries that are received when they respond to incidents and emergencies, whether they are on or off the clock.  

On October 13, 2022, Officer Gabriel Torres was leaving to go to work for the Raleigh Police Department when he heard the first gunshots. At the time, Torres was already outside of his front door and talking on the phone with his wife. He told his wife that he was going to check out the noise. Officer Torres then backed his car into the cul-de-sac, with his Raleigh police identification on the seat beside him. Shortly afterward, the gunman shot and killed Officer Torres. 

The investigation of the police department concluded that the available evidence City of Raleigh denied Officer Torres’s widow his workers’ compensation benefits. This devastating event raised the question of whether he was considered “on duty” at the time of his death and if his family would be entitled to workers’ compensation benefits.

Police officers MUST respond to crimes whether on duty or off duty 

Raleigh Police Chief Estella Patterson, testified that officers are expected to act if they become aware of a crime or potential law violation, provided they can do so safely. Officer Torres was responding to a potential emergency when he heard the gunshots and took action to investigate. 

Yet the police department initially argued that Officer Torres wasn’t “on duty” at the time, and because he didn’t take enforcement action such as making an arrest, that his widow was not entitled to workers’ compensation.  

Witnesses testified that Police Officer Torres was engaged in an investigation

 Officer Torres’s supervisor, Sergeant Daniel Gordon, confirmed that responding to gunshots would typically be part of an officer’s duties, regardless of whether they were on or off the clock. Witnesses who saw Officer Torres that day pointed to the facts that the department investigation found:  Officer Torres took action to determine whether the gunshots were a threat to the community. His car’s unusual parking position, along with his statement that he was going to check out the gunshots, were parts of the circumstances that showed that Officer Torres was working when he was killed.  

Workers’ compensation must pay benefits for a police officer investigating crimes on and off duty

Most employers in North Carolina must pay workers’ compensation benefits when an employee is injured or killed while performing work duties. Even though the police department concluded that the evidence showed that Torres was entitled to benefits, the City of Raleigh denied benefits, arguing that Torres’s death happened when he was going to work. The “going and coming” rule in North Carolina workers’ compensation law generally means that most employees are not covered for workers’ compensation purposes on their commutes.  

The North Carolina Industrial Commission ruled in favor of Officer Torres’s family. The court found that his actions that day–responding to the sound of gunshots–were part of his role as a police officer. The ruling concluded that Officer Torres was engaged in his work, performing a “special errand” for the department, though he was off duty, and going to work, at the time.

What this Case Means for You

Whether or not you are a police officer, you may be entitled to workers’ compensation if you are off the clock, in limited circumstances.  Some questions to consider are:  

1. Does your work require you to travel?  Some employees are entitled to benefits when they are injured while traveling away from home on work business.  
2. Does your work require you to drive a company vehicle for the employer’s business?  You may be able to get compensation when injured in the vehicle. 

What Should You Do Next?

If you’ve been injured at work, don’t wait—give us a call today for a free consultation. We’ll talk through your case, answer your questions, and help you figure out your options. You don’t have to deal with this alone. We’re here to fight for you, so you can focus on healing and getting back to work.