Compensation for Injuries
Unlike the vast majority of the labor force throughout the state, New York City firefighters – along with police officers and sanitation workers – are not eligible for workers’ compensation. If you have suffered an injury in the line of duty, you may, however, have a right to recovery under two laws: General Municipal Law §205a and General Obligations Law §11-106.
- GML § 205-a Under the provisions of this statute, an injured firefighter – or certain surviving family members of a firefighter who has suffered a fatal injury or illness in the line of duty – has the right to file a claim for compensation under certain circumstances. This right of action is available provided that the injury or illness is caused directly or indirectly by the neglect, omission, willful, or culpable negligence of another person in failing to comply with certain laws. Legal violations that can serve as grounds for this type of claim can include statutes, ordinances, rules, orders, and requirements of the federal, state, county, village, town, or city governments or of any and all their departments, divisions, and bureaus. Compensation in this type of claim is fixed by law at a minimum of $10,000 for injuries and $40,000 for wrongful death. This type of claim can be filed against the firefighter’s employer or co-employee.
- GOL § 11-106 This type of claim – which can be filed in addition to a claim under GML §205-a – allows an injured firefighter or surviving family members to pursue monetary damages from individuals other than the employer or a co-employee. The grounds for this type of action are essentially the same, including neglect, willful omissions, or intentional, willful, or culpable conduct that is the proximate cause of injury, disease, or death, provided that the injury or illness was suffered in the line of duty.
9/11 Illness Compensation Claims
In addition to the preceding types of claim, many members of the FDNY are eligible to pursue compensation by filing a 9/11 Zadroga claim. The James Zadroga 9/11 Health and Compensation Act passed in 2010 allocated $4.2 billion in federal funds to create the World Trade Center Health Program. This program provides medical monitoring and treatment to active and retired members of the FDNY, provided that the members took part in the rescue and recovery operations at Ground Zero or certain other former WTC sites. Many firefighters who served as 9/11 responders have reported suffering from respiratory diseases, cancers, and other illnesses caused by the hazardous particulate materials released by the massive cloud of dust and smoke in the wake of the Twin Towers’ collapse. If you have suffered similar medical conditions under these circumstances, you may be qualified to recover benefits through this program.
Helping New York’s Bravest Recover Compensation
As a member of the New York City Fire Department, you are part of the world’s second-largest fire department, an internationally renowned team of public servants, and you are one of New York’s Bravest. You place your health and safety at risk every day you go to work in order to protect the lives of others throughout the city, and when you have been injured on the job you deserve to have someone on your side fighting for your right to fair compensation. If you have been injured in the line of duty or have lost a loved one who was serving our city as a firefighter, do not hesitate to contact us at The Law Office of Richard M. Kenny to discuss your options for pursuing damages to offset the financial impact of the accident.
About The Law Office of Richard M. Kenny
By choosing our firm, you will be giving yourself the benefit of having a dedicated legal advocate and a team with more than 100 years of combined experience. Our attorneys have assisted accident victims and their families in recovering more than $100 million in the form of insurance settlements and jury verdicts, and we attribute our success in large part to the fact that we develop personal relationships with our clients. When you hire us, your case will not be passed off to an assistant, and you will not be treated like a file or a number. Instead, you will work directly with the attorney who is handling your case. We give our clients our personal phone numbers so that you can reach us when you have questions or need help, and we will stand by you throughout the entire process of your injury claim.
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Contact Us for a Free Consultation
Don’t wait another moment before contacting us to tell us about your case and meet with an attorney from our firm. We can even come to meet with you at the hospital or in your home if your injuries make it difficult for you to travel. Whether you want to file a claim against a property owner, the city, a fellow employee, or the manufacturer of faulty equipment, we are ready to take immediate action on your case.