Mission Personal Injury Attorney J. Gonzalez
by Benjamin Treviño | January 15th, 2026 | Blog, Personal Injury
Can police officers sue for personal injuries sustained on the job?
Yes, officers can sue for injuries received in the line of duty, but their ability to do so depends heavily on the specific circumstances of the injury and the state’s laws. In many cases, officers are covered by workers’ compensation, which provides benefits but typically prevents them from suing their employer. However, they may be able to file a third-party personal injury lawsuit against a responsible party who is not their employer.
Key Legal Factors
Workers’ Compensation: Nearly all government agencies provide workers’ compensation, which covers medical bills and lost wages for on-the-job injuries regardless of fault. Accepting these benefits usually means an officer cannot sue their employer for negligence.
The “Firefighter’s Rule: Many states have some version of the “Firefighter’s Rule,” which is based on the legal concept of assumption of risk. This rule generally bars officers and firefighters from suing individuals for injuries that arise from the inherent risks and hazards they are expected to confront in their normal duties (e.g., injuries from a fire the officer is responding to, or from a suspect’s resistance during an arrest).
Third-Party Lawsuits: An officer can often file a personal injury lawsuit against a third party if that party’s negligence caused the injury and the cause of the injury was independent of the reason the officer was present.
Examples: An officer might sue the manufacturer of a defective scaffold, or a civilian driver who negligently strikes their patrol car during a routine stop.
Intentional Acts: The firefighter’s rule often does not protect against injuries caused by intentional, willful, or culpable misconduct, or negligence that occurs after the responsible person is aware of the officer’s presence.
State-by-State Variation: Laws vary significantly by state. Some states, like New York, have specific laws (e.g., General Municipal Law 205-e) that explicitly allow police officers to sue any party (including the city employer in certain cases) if their injury resulted from a violation of a statute or regulation. Other states, like Texas, generally follow the firefighter’s rule but apply exceptions for certain conditions.
Ultimately, the viability of a lawsuit depends on the specific facts of the case and the applicable state laws. Injured officers should consult with an expert legal professional like the ones found at the J. Gonzalez Law Firm.
The personal injury attorneys at the J. Gonzalez Law Firm will help you understand your rights and what you can expect in the way of compensation.
Your initial consultation is free and you pay nothing until we win your case. Contact us today via this website or by calling 1-800-CAR-CRASH to learn more.
Authorities arrest man accused of injuring state trooper
By: Benjamin Trevino
State troopers have arrested a Mission man in connection with a January 6 crash that left one of their fellow officers hospitalized.
22-year-old Raul Robert Bustamante is facing a charge of aggravated assault with a motor vehicle.
According to DPS, the crash happened at about 5:17 p.m. on the eastbound lane of Expressway 83 west of Conway in Mission.
DPS said the trooper (who was not identified) was conducting a traffic stop on a white Ford Mustang when a green Chevrolet Cobalt side-swiped the Ford. As a result, the trooper was pinned at the center of the cement barrier, according to DPS.
The trooper “sustained bodily injury” and was transported to a local hospital but has since been released, according to the update from the agency.
Bustamante fled the scene following the crash and was later found to be the driver of the Chevrolet. As of this report, Bustamante was still in custody in the Hidalgo County Jail.