Could Houston be Sued by Injured Police Cadet Claiming she was a ‘First Responder?’

Texas employers are largely immune to workers’ compensation retaliation lawsuits. But the rule does not protect cities from lawsuits by first responders. A case involving a police cadet injured during a physical agility test asks the question whether a police trainee qualifies as a first responder.

For rules regarding first responders and workers' compensation around the country, head to Simply Research.

In that case, after the cadet filed a workers’ compensation claim, she said, her supervisors wrote her up on several occasions and accused her of stalking .

The cadet sued the city for retaliation. The city asked the court to throw out the case.

The city argued that the worker didn’t fall under the first responder exception because she lacked a peace officer license. It also pointed to her job description which stated she was a “police trainee” and which didn’t mention responding to emergencies.

Texas law defines a first responder, in part, as a public safety employee or volunteer whose duties include responding rapidly to an emergency. “The term includes … a peace officer whose duties include rapidly responding to an emergency.”

The cadet argued she should be able to sue, pointing to the following evidence

• A newspaper article noting that a police officer and a cadet were involved in a crash while "responding to a call with lights and sirens activated."
• Documentation that police officers continue to be labeled "trainees" six months after graduating from the academy while they worked in the field.

Could the cadet continue with her retaliation lawsuit?

A. No. She was just a trainee, not a first responder.

B. Yes. The newspaper article suggested her duties included quickly responding to emergencies.

If you selected B, you agreed with the court in Hirsch v. City of Houston, No. 14-24-00536-CV (Tex. Ct. App. 12/16/25), which concluded that the cadet might qualify as a first responder.

First, the definition of first responder provides examples of types of first responders, not an exhaustive list, the court said.

Second, even if she was not a peace officer, she could still fit the first responder definition as a "public safety employee or volunteer whose duties include responding rapidly to an emergency.”

Third, cadets had to train in the field after leaving the academy. As such, they would be required to assist in emergencies if needed. 

Because the cadet provided some evidence that her duties included responding to emergencies, she met the definition of first responder and could sue the city.

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