It's been almost two months since Montgomery Police Officer Corporal David Brown was in two serious accidents, and now, his family is suing the city for worker's compensation for his injuries suffered while at work...

The only problem is, under Alabama state law, he wasn't technically on the job.

"Our desire to him is to give as much as the state allows. In this particular instance, he was off-duty. He was contacted direct by the funeral home, paid direct by the funeral home, nothing comes by the city. It was a volunteer scenario. It was on a Saturday. So the city does not have the prerogative to say he was on-duty, because he was not,” said Mayor Todd Strange.

In the suit Brown's family filed against the city, it claims that because Brown was working with permission, knowledge, and approval of the city of Montgomery, he is entitled to all benefits under the worker's compensation law of Alabama.

Brown was wearing a police uniform, and directing traffic on a police motorcycle in the city's jurisdiction at the time of the accident, but Mayor Strange says that doesn't qualify the family's request.

“There is state statue that recognizes that state law enforcement is a unique situation in an off-duty fashion that their uniforms and equipment bet in fact used, in an off duty-fashion,” said Strange.

Because of the accident, Brown has suffered permanent disability and currently receives those benefits from the city.

"He will continue to get compensation for life; he gets all the medical for life, so there is a lot of support there,” said Strange.

But the amount received through disability is notably less than the amount that would be received through worker's compensation.

"It’s like Todd (David Brown’s brother) said in an interview, it's a business decision, well at the same time, ours is a legal decision. We have to follow the law and that's simply what we are trying to do," said Strange.

As a result of the accident, Brown has suffered multiple amputations, broken bones, infections, and bleeding on the brain.

He remains in a coma and is on a ventilator and dialysis.

Calls made to the Brown family were not immediately returned.

The city has been working to raise money for the Brown family and so far, it's totaled about $50,000.

Mayor Strange says more fundraisers are ahead.