WASHINGTON -- As the number of first responder deaths mounts amid the coronavirus pandemic, a looming question facing law enforcement families has been whether officers who die from COVID-19 qualify for federal death benefits.
According to a statement sent out in late March by the U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance (BJA), which administers the Public Safety Officers' Benefits Program, if ample evidence is provided proving the officer contracted the virus while on duty, they will qualify.
"With the recent outbreak of the coronavirus, 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," the statement reads. "Under the current PSOB Act and its implementing regulations, conditions caused by infectious diseases, viruses, and bacteria may be found to be an injury sustained in the line of duty."
To establish eligibility for a public safety officer’s death or disability due to COVID-19, the PSOB Act and regulations require that the evidence 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. While some states have laws that presume a public safety officer’s infectious disease resulted from their employment, eliminating the need for evidence of when the transmission of a disease or infection occurred, the PSOB Program has no such presumption. The PSOB Program does cover certain conditions resulting from September 11th exposure, as coverage is based on the laws and regulations establishing the World Trade Center Health Program and its scientific and medical analysis.
As the PSOB Office receives claims based on COVID-19 exposure, it will work closely with survivors, officers, and agencies to seek evidence of the exposure and causation through all available evidence, including incident reports and related documents.
More than 1,400 NYPD employees, including more than 1,000 officers, have contracted COVID-19, with five employees dying from the virus within the past week. So far this week, Montgomery County, North Carolina Sheriff's Deputy Bud Phouang and Santa Rosa Police Detective Marylou Armer have died from the coronavirus.
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 [email protected].
