Volunteer firefighters play a vital role in protecting communities across New York State. In many cases, they put their lives at risk without receiving the same benefits as their full-time colleagues. Fortunately, volunteer firefighters can receive support if they sustain an injury in the line of duty. In New York, volunteer firefighters are eligible for workers’ compensation benefits, which provide financial assistance and medical care.
Volunteer Firefighter Benefits Following an Injury
Workers’ compensation for volunteer firefighters is governed by the Volunteer Firefighters’ Benefit Law (VFBL). Under this law, volunteer firefighters are entitled to medical benefits for injuries sustained while on duty, including coverage for hospital stays, surgeries, and necessary rehabilitation services. The volunteer firefighter benefits framework recognizes the hazardous nature of firefighting and ensures volunteers receive appropriate medical attention for injuries incurred under the law’s definition of the line of duty. However, it’s important to note the scope of volunteer firefighter benefits may not match the comprehensive protections available to professional firefighters employed by municipal or private departments.
What Is Considered the Line of Duty Under VFBL?
The line of duty refers to activities within the scope of an individual’s job or work responsibilities. According to VFBL, volunteer firefighters are considered in the line of duty when:
- Participating at a fire, fire alarm, hazardous material incident or any other emergency situation that warrants a fire unit response
- Traveling to or from response calls
- Undertaking firehouse duties, such as construction, repair, maintenance, and inspection
- Inspecting properties for hazards and dangerous conditions
- Conducting fire prevention activities
- Attending trainings or fire school
- Participating in drills, parades, funerals, inspections, tournaments, contests, or any other public exhibitions put on by or for firefighters
- Attending firefighter events in an official capacity, such as serving as an authorized delegate at a conference
- Working on or testing fire equipment and alarm systems
- Attending fire company meetings
- Pumping water or other substances from a building or basement
- Inspecting company vehicles and equipment
- Responding to general ambulance calls from authorized emergency service departments
- Participating in supervised physical fitness classes
- Taking part in non-competitive fundraising activities
Obtaining Volunteer Firefighter Compensation
In addition to medical benefits, VFBL also offers volunteer firefighter compensation through disability payments for volunteers who are restricted in their workability or cannot work due to injuries sustained while serving. These benefits can include a portion of lost wages, although the calculation and duration of these payments vary significantly compared to benefits provided to paid firefighters. While professional firefighters typically have more extensive wage replacement options, volunteers may face limitations that can affect their financial stability during recovery. The application process for these benefits also requires navigating specific legal criteria, which can be more complex for volunteers.
Disability Classifications and Payments
Volunteer firefighters are eligible for workers’ compensation benefits based on the severity and permanence of their injuries or illnesses. These benefits are divided into four main categories:
- Permanent Total Disability: If a volunteer firefighter’s wage-earning capacity is permanently and totally lost, they are entitled to weekly cash benefits of $600, regardless of the accident date.
- Temporary Total Disability: When a firefighter’s wage-earning capacity is fully lost but on a temporary basis, the weekly cash benefit varies based on when the injury occurred. For injuries or illnesses after July 1, 1992, the benefit is $400 per week. However, for incidents occurring on or after July 1, 2021, the benefit increases to $650.
- Temporary or Permanent Partial Disability: When a firefighter’s wage-earning capacity is partially lost, either temporarily or permanently, the weekly cash benefit is determined based on the percentage of loss. For instance, those with a loss of 75 percent or greater receive $400 per week, while a loss between 50 and 75 percent is compensated with $268. Firefighters with a loss between 25 and 50 percent receive $30, and those with less than 25 percent are not eligible for a cash benefit.
- Schedule Loss of Use: This type of Permanent Partial Disability involves the loss of eyesight, hearing, or use of a body part. The compensation is limited to a specific number of weeks, set by law. For example, a 25 percent loss of use of an arm is compensated for 78 weeks, which is one-fourth of the 312-week maximum.
When to Work With an Attorney
Because obtaining volunteer firefighter benefits can be complex, it’s important to have an experienced attorney to ensure you receive the compensation you are entitled to. Lewis & Lewis has a great deal of experience obtaining workers’ compensation for volunteer firefighters. We are always available for a free consultation to discuss volunteer firefighter compensation.
