Auto liability, workers comp leading shift in law enforcement coverage: Panelists

NASHVILLE, Tennessee – Auto liability risks caused by multitasking and new, overly eager officers, as well as workers compensation claims for soft tissue injuries that base pain levels on an individual’s metrics, are at the forefront of coverage issues for law enforcement, according to a panel of experts.

Additionally, the costs of settling law enforcement liability claims are continuing to rise due to social inflation and a more aggressive plaintiffs attorney bar, the experts said Friday during a session at the Public Risk Management Association’s annual conference.

Claims involving alleged excessive force against law enforcement officers started to rise dramatically after the fatal shooting of Michael Brown by a Ferguson, Missouri, police officer in August 2014, and those numbers dramatically increased in the wake of the May 2020 death of George Floyd in Minneapolis, said Robert Lowe, senior vice president of Alliant Services Inc.

Mr. Lowe noted there was 11% annual growth in liability trends from 2011 to 2021 and that the largest sums paid on claims occurred in 2020 and 2021.

He said some claims dating back to 2018 are just starting to reach the court system and they are getting expensive. The “anchoring” of juries to large amounts by plaintiffs attorneys as well as defense attorneys’ mentality of just settling claims have resulted in annual coverage limit losses occurring every three to five years instead of every seven to 10 years, he said.

“It’s an uphill battle,” he said. “Defense attorneys are acting too nice, and juries can’t be told where money for a verdict is coming from.”

Correctional facilities are also facing rising numbers of claims that are adversely impacting the coverage, he said.

An effective way to reduce risks for liability and workers compensation claims is education, said Bernadine Welsh, the director of risk management for the Las Vegas Metropolitan Police Department.

She said that while it is difficult to train and educate young officers on how to handle critical situations in real time, it is necessary and can cut down on claims arising from car crashes and police vehicles being stolen when an officer must exit a vehicle for a foot pursuit.

Educating officers about workers compensation coverage for claims for mental health, including post-traumatic stress disorder, and heart and lung disease is key to reducing claims. She said the 31 mental health workers compensation claims filed in the Las Vegas Metropolitan Police Department in the first half of this year is double the total filed in 2023.  

“Educate, train and don’t be afraid to tell people how it works. Be open with your process,” Ms. Welsh said.