DOJ: Officers Who Die From COVID-19 Will be Eligible for Death Benefits in Most Cases
WASHINGTON DC April 11 2020 — The Trump administration has announced that law enforcement officers and other first responders who die of COVID-19 will be eligible for federal death benefits in most cases.
“With the recent outbreak of the novel coronavirus disease, or COVID-19, America’s law enforcement officers, firefighters and other first responders face a new health risk as they continue to selflessly serve their communities,” a guidance document released by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance states.
To establish eligibility for a public safety officer’s death or disability due to COVID-19, the Public Safety Officers’ Benefits (PSOB) Act and regulations require that the evidence show that it is more likely than not that the disease resulted from the officer’s exposure to the disease or the virus that causes the disease, SARS-CoV-2, while performing a line of duty activity or action.
The document states that in general, the BJA will find that the evidence shows a public safety officer with COVID-19 contracted it in the line of duty when:
The officer had engaged in the line of duty action or activity under circumstances that indicate that it was medically possible that the officer was exposed to the virus, SARS-CoV-2, while so engaged
The officer did contract the disease, COVID-19, within a time-frame where it was medically possible to contract the disease from that exposure.
In the absence of evidence showing a different cause of death, the BJA generally will find that the evidence shows a public safety officer who died while suffering from COVID-19 died as the direct and proximate result of COVID-19.
Patrick Yoes, the National President of the Fraternal Order of Police, applauded the announcement.
“This was a vitally important issue for the men and women on the front lines during this pandemic crisis,” he said in a statement. “I hope this assurance will bring some comfort and peace of mind to our officers that their families will be taken care of should they contract this horrible virus in the line of duty.”
Yoes said that the FOP, the largest law enforcement labor organization in the United States with more than 350,000 members, had become frustrated by the lack of conclusive guidance and took the matter directly to the White House and to Attorney General William Barr.
“We are extremely grateful, as always, to President Trump for his decisive leadership, especially in this time of crisis and for the exceptional team he has put together at the Justice Department.”
The Public Safety Officers’ Benefits Program provides death benefits to the eligible survivors of public safety officers who are fatally injured in the line of duty, disability benefits to public safety officers catastrophically injured in the line of duty, and education benefits to the eligible spouses and children of fallen and catastrophically injured officers.
The amount of the PSOB benefit is $365,670.00 for deaths and disabilities occurring on or after October 1, 2019 while the amount of the PSOB educational assistance benefit per month of fulltime attendance on or after October 1, 2019 is $1,248.00.
For questions regarding the PSOB Program or filing a claim, visit PSOB’s online portal at www.psob.gov, or email the PSOB Director at AskPSOB@usdoj.gov.
