Police Officer on Traffic Duty Assignment is Joint Employee of Their Police Department and the Contractor

When a police officer was seriously injured while working an extra traffic duty assignment, the question wasn’t whether he should get help – it was who should help pay for it.

That question has now been answered by the New Jersey courts in an unreported decision on May 14, 2025. The decision upholds the trial court’s decision that the private company the officer was helping that day must share the cost of his workers’ compensation benefits – even though the officer wasn’t technically their employee.

The ruling was based on the “special mission” doctrine. Normally, if you’re commuting to work and get into an accident, it’s not covered by workers’ comp. But the “special mission” rule says if you’re doing something outside your normal routine because your job requires it – especially in service of both public and private interests – it may still count as work.

The court found that from the moment the officer left the station in a marked patrol car, they were on duty for both the city and the private company. He was heading to a location specifically to provide traffic safety while the contractor worked, which is a service the company had paid the city to provide.

Because the city and the contractor had an agreement in place – including insurance, payment arrangements, and a clause about who’s responsible if something goes wrong – the court said it was only fair that they contribute.

This decision is important because it reaffirms that private companies that benefit from public officers’ services – especially under formal agreements – can be held financially responsible when things go wrong.

For workers, this case reinforces the protections of workers’ compensation – even when your job takes you outside the office or police station.

At Stark & Stark, we have years of experience helping injured workers obtain workers’ compensations benefits and would be pleased to represent you or your loved ones. Please contact us for a complimentary consultation.