For those who are exposed and test positive for COVID-19, we advise that you document any on-duty instances in which you were in the same office, building, or Command as others who tested positive for the virus. We also recommend that Members document on-duty instances when they were within six feet of others and/or used equipment shared by other Members of the Service in contravention to City, State, and federal crisis guidelines.
As a basis for our advice, we refer to the Public Safety Officers Benefit, a program administered by the Department of Justice which provides disability and death benefits to law enforcement Officers and their survivors. In late March, DOJ released a statement indicating there would be entitlement to benefits if “ample evidence” established the Officer contracted the virus while on duty. That evidence must show that it is more likely than not that the virus resulted from the Officer’s exposure while performing a line of duty activity or action.
To protect our Members’ rights for these and other future benefits, we urge you to document on-duty instances as described by preparing a Line of Duty Injury Report, including exposure number, and make detailed memo book entries and, if possible, Command Log entries.
Ungaro Cifuni & Jaffe
Disability Attorneys for the Detectives’ Endowment Association, Inc.
