LINE OF DUTY INJURY DUE TO ASSAULT

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Similar to DNA 99.9% of civil servants are totally unaware of the in the line of duty injury due to assault clause.

Page 16 of the Citywide Agreement explicitly states under

Section 10. Line of Duty Injury Due to Assault 

Upon the determination by the head of an agency that an employee has been physically disabled because of an assault arising out of an in the course of the employee's employment, the agency had will grant the injured employee a leave of absence with pay not to exceed 18 months. No such leave with pay shall be granted unless the Workers Compensation Division of the Law Department advises the head of the agency in writing that the employees injury has been accepted by the division as compensable under the workers compensation law or if such injury is not accepted by the division as compensable under such law, unless the Workers Compensation Board determines that such injury is compensable under such law.

The 1995- 2001 Citywide Agreement does NOT cover prevailing wage employees. However most if not all civil servants jobs; union contracts have a line of Duty Injury Due to an Assault clause & prevailing wage employees are usually covered for 1 year under the aforementioned also with "FULL PAY".

Civil Servant employees that obtain this assault clause should know that the 18 months or 1 year that you can be out on the assault clause is with FULL PAY & considered time actually worked, counted towards your years of service, counted towards your pension, counted towards your social security, your sick time and or vacation time accumulate as it would if you were normally working. Your medical benefits also remain "FULLY" active during the assault grant period.

In order to be eligible for the line of Duty Injury Due to Assault clause you must have been assaulted during working hours, you must notify supervision, you must seek medical attention, you must file a workers compensation claim, you must hire a workers compensation lawyer that is particulary well versed in the assault clause.

It is very important for prevailing wage employees to obtain a copy of their contract from the appropriate parties of concern and read up on their respected titles assault clause.

If you get assaulted in the line of Duty, it is important to also file a police report for this will also help to substantiate your claim. You should also keep meticulous records, and keep copies of everything in a nice organized file. Obtaining the assault grant is not easy, it is a long exhausting process for the city does not give it to you right away. It takes 6 to 8 weeks to get a carrier case number from the City. So during that time that your case is being established  you should be using your accumulated leave bank time- considering you checked off option 1 on the workers compensation package. Once your case has been established and you are finally granted the assault grant, any and all time that you have used prior to being granted the assault clause will be and must be restored "FULLY" to your leave balances and moving forward from that point your sick time and vacation time accumulate as they would if you were actually working. You can request a PMS report on your leave balances from your employer if you get confused.

NYC employers have what I like to call a Stall & Prolong tactic. On top of being assaulted, and seeking medical treatment, the assault grant process is a long process and could take a few months before your city employer grants you it. If you do not have a lot of time on the books that you can utilize, and are in the assault clause process you can request to borrow time from your employer during the process, and once you have been granted the assault clause they would take it back, you will be even and owe them nothing.