2023 New York Laws › GMU - General Municipal › Article 10 - Firefighters and Police Officers › 207-C - Payment of Salary, Wages, Medical and Hospital Expenses of Police Officers With Injuries or Illness Incurred in the Performance of Duties.

§  207-c.  Payment  of salary, wages, medical and hospital expenses of
  police officers with injuries or illness incurred in the performance  of
  duties.  * 1.  Any  sheriff, undersheriff, deputy sheriff or corrections
  officer of the sheriff's department of any county or  any  member  of  a
  police  force  of  any county, city of less than one million population,
  town or village, or of any district, agency, board, body  or  commission
  thereof,  or  any  LIRR  police  officer  as defined in paragraph two of
  subdivision a of section three hundred eighty-nine of the retirement and
  social security law whose benefits are provided in and pursuant to  such
  section  three  hundred  eighty-nine, or a detective-investigator or any
  other investigator who is a police officer pursuant to the provisions of
  the criminal procedure law employed in the office of a district attorney
  of any county,  or  any  corrections  officer  of  the  county  of  Erie
  department  of  corrections, or an advanced ambulance medical technician
  employed by the county of Nassau, or any detention officer  employed  by
  the  city of Yonkers, or any supervising fire inspector, fire inspector,
  fire marshal, or assistant fire marshal employed full-time in the county
  of Nassau fire marshal's office, or at  the  option  of  the  county  of
  Nassau,  any probation officer of the county of Nassau who is injured in
  the performance of his or her duties or who is taken sick as a result of
  the performance of his or her duties so as  to  necessitate  medical  or
  other lawful remedial treatment shall be paid by the municipality or The
  Long  Island  Rail  Road Company by which he or she is employed the full
  amount of his or her regular salary or wages from  such  employer  until
  his  or  her  disability  arising therefrom has ceased, and, in addition
  such municipality or The Long Island Rail Road Company shall  be  liable
  for  all  medical  treatment and hospital care necessitated by reason of
  such injury or  illness.  Provided,  however,  and  notwithstanding  the
  foregoing  provisions  of this section, the municipal or The Long Island
  Rail Road Company health authorities or any physician appointed for  the
  purpose  by  the  municipality  or The Long Island Rail Road Company, as
  relevant, after a determination has first been made that such injury  or
  sickness  was  incurred  during,  or  resulted from, such performance of
  duty, may attend any such injured or sick police officer, from  time  to
  time, for the purpose of providing medical, surgical or other treatment,
  or  for making inspections, and the municipality or The Long Island Rail
  Road Company, as the case may be, shall not  be  liable  for  salary  or
  wages  payable  to  such  police  officer,  or  for  the cost of medical
  treatment or hospital care furnished after  such  date  as  such  health
  authorities  or physician shall certify that such injured or sick police
  officer has recovered and is physically  able  to  perform  his  or  her
  regular  duties.  Any injured or sick police officer who shall refuse to
  accept medical treatment or hospital care  or  shall  refuse  to  permit
  medical   inspections   as  herein  authorized,  including  examinations
  pursuant to subdivision two of this section, shall  be  deemed  to  have
  waived  his  or her rights under this section in respect to expenses for
  medical treatment or hospital care rendered  and  for  salary  or  wages
  payable after such refusal.
Notwithstanding  any  provision  of law to the contrary, a provider of
  medical treatment or hospital care furnished pursuant to the  provisions
  of  this  section  shall not collect or attempt to collect reimbursement
  for such treatment or care  from  any  such  police  officer,  any  such
  advanced ambulance medical technician or any such detention officer.
* NB  Effective  until  certain  provisions provided in chapter 628 of
  1991 § 7 have been met.
* 1. Any sheriff, undersheriff, deputy sheriff or corrections  officer
  of  the sheriff's department of any county (hereinafter referred to as a
  "police officer") or any member of a police force of any county, city of

  less than one million population, town or village, or of  any  district,
  agency,  board,  body or commission thereof, or a detective-investigator
  or any other investigator who  is  a  police  officer  pursuant  to  the
  provisions  of  the  criminal  procedure law employed in the office of a
  district attorney of any county,  or  any  corrections  officer  of  the
  county  of  Erie  department  of  corrections,  or an advanced ambulance
  medical technician employed by the county of Nassau,  or  any  detention
  officer  employed  by  the  city  of  Yonkers,  or  any supervising fire
  inspector, fire  inspector,  fire  marshal  or  assistant  fire  marshal
  employed  full-time in the county of Nassau fire marshal's office, or at
  the option of the county of Nassau, any probation officer of the  county
  of  Nassau who is injured in the performance of his or her duties or who
  is taken sick as a result of the performance of his or her duties so  as
  to  necessitate medical or other lawful remedial treatment shall be paid
  by the municipality by which he or she is employed the  full  amount  of
  his  or  her regular salary or wages until his or her disability arising
  therefrom has ceased, and, in addition such municipality shall be liable
  for all medical treatment and hospital care necessitated  by  reason  of
  such  injury  or  illness.  Provided,  however,  and notwithstanding the
  foregoing provisions of this section, the municipal  health  authorities
  or  any physician appointed for the purpose by the municipality, after a
  determination has first been made  that  such  injury  or  sickness  was
  incurred  during, or resulted from, such performance of duty, may attend
  any such injured or sick police officer, from  time  to  time,  for  the
  purpose of providing medical, surgical or other treatment, or for making
  inspections and the municipality shall not be liable for salary or wages
  payable  to such police officer, or for the cost of medical treatment or
  hospital care furnished after such date as such  health  authorities  or
  physician  shall  certify  that  such injured or sick police officer has
  recovered and is physically able to perform his or her  regular  duties.
  Any  injured  or  sick police officer who shall refuse to accept medical
  treatment or hospital care or shall refuse to permit medical inspections
  as herein authorized, including examinations pursuant to subdivision two
  of this section, shall be deemed to have waived his or her rights  under
  this  section  in  respect to expenses for medical treatment or hospital
  care rendered and for salary or wages payable after such refusal.
Notwithstanding any provision of law to the contrary,  a  provider  of
  medical  treatment or hospital care furnished pursuant to the provisions
  of this section shall not collect or attempt  to  collect  reimbursement
  for  such  treatment or care from any such police officer, a member of a
  police force of any county, city, any such  advanced  ambulance  medical
  technician,     any    such    detention    officer    or    any    such
  detective-investigator or any other such investigator who  is  a  police
  officer pursuant to the provisions of the criminal procedure law.
* NB Effective when certain provisions provided in chapter 628 of 1991
  § 7 have been met
2.  Payment of the full amount of regular salary or wages, as provided
  by subdivision one of this section, shall be discontinued  with  respect
  to  any  police  officer  who  is permanently disabled as a result of an
  injury or sickness incurred or resulting from the performance of his  or
  her  duties  if  such police officer is granted an accidental disability
  retirement allowance pursuant to section three  hundred  sixty-three  of
  the  retirement  and  social  security  law, a retirement for disability
  incurred in performance of duty  allowance  pursuant  to  section  three
  hundred  sixty-three-c  of  the  retirement  and  social security law or
  similar accidental disability pension provided by the  pension  fund  of
  which  he  or  she  is  a  member.  If  application  for such retirement
  allowance or pension is not made by  such  police  officer,  application

  therefor  may  be  made  by the head of the police force or as otherwise
  provided by the chief executive officer or local legislative body of the
  municipality by which such police officer is employed.
3. If such a police officer is not eligible for or is not granted such
  accidental  disability retirement allowance or retirement for disability
  incurred  in  performance  of  duty  allowance  or  similar   accidental
  disability  pension  and  is nevertheless, in the opinion of such health
  authorities or physician, unable to perform his or her regular duties as
  a result of such injury or sickness but is able, in  their  opinion,  to
  perform specified types of light police duty, payment of the full amount
  of  regular  salary  or  wages,  as  provided by subdivision one of this
  section, shall be discontinued with respect to such police officer if he
  or she shall refuse to perform such light police duty  if  the  same  is
  available  and offered to him or her, provided, however, that such light
  duty shall be consistent with his or her status as a police officer  and
  shall enable him or her to continue to be entitled to his or her regular
  salary  or  wages,  including  increases thereof and fringe benefits, to
  which he or she would have been entitled if  he  or  she  were  able  to
  perform his or her regular duties.
* 4.  The  appropriate  municipal officials may transfer such a police
  officer to a position in another agency or  department  where  they  are
  able  to  do  so  pursuant  to applicable civil service requirements and
  provided the police officer shall consent thereto.
* NB Effective until certain provisions provided  in  chapter  628  of
  1991 § 7 have been met
* 4.  The  appropriate  municipal or The Long Island Rail Road Company
  officials may transfer a police officer to a position in another  agency
  or  department where they are able to do so pursuant to applicable civil
  service or The Long Island Rail Road Company requirements  and  provided
  the police officer shall consent thereto.
* NB Effective when certain provisions provided in chapter 628 of 1991
  § 7 have been met
5.  If  such a police officer is not eligible for or is not granted an
  accidental disability retirement allowance or retirement for  disability
  incurred   in  performance  of  duty  allowance  or  similar  accidental
  disability pension, he or she shall not be entitled to  further  payment
  of  the  full  amount  of  regular  salary  or  wages,  as  provided  by
  subdivision one of this section, after he or she shall have attained the
  mandatory service retirement age applicable to him or her or shall  have
  attained  the  age  or  performed  the  period  of  service specified by
  applicable law for the termination of his or her service. Where  such  a
  police   officer   is   transferred  to  another  position  pursuant  to
  subdivision four of this section or retires  or  is  retired  under  any
  procedure  applicable  to  him  or  her,  including  but  not limited to
  circumstances described in subdivision two of this section  or  in  this
  subdivision,  he  or she shall thereafter, in addition to any retirement
  allowance or pension to which he or she is then entitled, continue to be
  entitled to medical treatment and hospital care necessitated  by  reason
  of such injury or illness.
* 6.  Notwithstanding  any provision of law contrary thereto contained
  herein or elsewhere, a cause of action shall accrue to the  municipality
  for  reimbursement  in such sum or sums actually paid as salary or wages
  and or for medical treatment and hospital  care  as  against  any  third
  party  against  whom the police officer shall have a cause of action for
  the injury sustained or sickness caused by such third party.
* NB Effective until certain provisions provided  in  chapter  628  of
  1991 § 7 have been met.
* 6.  Notwithstanding  any provision of law contrary thereto contained
  herein or elsewhere, a cause of action shall accrue to the  municipality
  or  The  Long  Island Rail Road Company for reimbursement in such sum or
  sums actually paid as salary or wages and or for medical  treatment  and
  hospital care as against any third party against whom the police officer
  shall have a cause of action for the injury sustained or sickness caused
  by such third party.
* NB Effective when certain provisions provided in chapter 628 of 1991
  § 7 have been met