Firefighters have a very important job and we rely on them to keep us safe. That being said, working as a firefighter is a very dangerous job and there is a high chance for an on-the-job injury. Unfortunately, firefighters are not eligible for workers’ compensation benefits in New York City. When firefighters do become injured, they may wonder where to turn for assistance. Luckily, not all hope is lost.
In New York City, injured firefighters have two options if they want to fight to obtain compensation for their injuries. They can go through a common law cause of action or a special statutory cause of action, which is known as a 205-A claim. In order to make a successful 205-A claim, a firefighter must identify whether any statutes were violated, detail exactly how they became injured, and fulfill the burden of proof that the negligence of another party caused them to become injured. 205-A claims can be filed by either the injured party or the surviving family members of a firefighter whose injuries were fatal. It is also important to note that 205-A claims have fixed compensation amounts at a minimum of $10,000 for injuries and a minimum of $40,000 for wrongful death. Unlike workers compensation claims, a 205-A claim can be filed against the firefighter’s employer or a co-employee who was negligent.
If you have been injured as a member of the New York City Fire Department, it is essential to retain an attorney that will fight on your behalf. Our firm is committed to helping New York’s Bravest find justice during such difficult times. Contact THe Law Office of Richard M. Kenny to discuss your case today.