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A2905Assembly2017-2018 Session

Help For Volunteer Firefighter Claims

Official title

“Establishes a volunteer firefighters' benefit claim assistance unit to initiate contact with firefighter or surviving dependents and assist with claims”

Sponsor Kevin CahillAD-103+2 co-sponsorsAffects Local Government
Status
In Assembly Committee
Local Governments
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Local Governments

What's happening

This bill requires the creation of a claim assistance unit to help volunteer firefighters and their families file and expedite benefit claims.

Why it matters

  1. Creates a dedicated claim assistance unit specifically for volunteer firefighters. This means there will be staff whose job it is to proactively reach out to injured firefighters or the families of those killed, helping them navigate the claims process and making sure benefit applications are filed and payments are expedited.

  2. Aims to reduce administrative and emotional burden on volunteers and their families. By mandating claim assistants, the bill recognizes that many volunteers and grieving families may be unfamiliar with or overwhelmed by the benefit process, and offers hands-on support during a critical time.

  3. Expands who can officially file notices and claims. The new language allows claim assistants to submit required injury or death notices on behalf of firefighters and their families. This could help ensure claims are filed accurately and within deadlines, reducing the risk of lost benefits due to paperwork errors or delays.

  4. Seeks to ensure faster and more reliable access to benefits. By expediting claim processing and providing direct assistance, the bill addresses common delays and barriers, potentially improving financial security for volunteers and dependents after a serious injury or loss.

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Who cares

  • Volunteer firefighters with life-threatening injuries

    A new claim assistance unit would contact them and help file claims and expedite payment of benefits available under the law.

  • Surviving dependents of deceased volunteer firefighters

    The unit would initiate contact and provide assistance with benefit claims and payments.

  • New York State Workers’ Compensation Board

    The bill would require the board to establish the volunteer firefighters’ benefit claim assistance unit.

  • Local governments liable for benefit payments

    The bill would allow claim assistants to give and sign injury or death notices submitted to the responsible local officials.

Headline styles

Help For Volunteer Firefighter Claims

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kevin Cahill

Assembly Member · Assembly District 103

History

  1. Referred to local governments
  2. Referred to local governments

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2905

2017-2018 Regular Sessions

IN ASSEMBLY

January 23, 2017

Introduced by M. of A. CAHILL, JENNE -- read once and referred to the Committee on Local Governments

AN ACT to amend the volunteer firefighters' benefit law, in relation to providing for temporary payments of benefit pending final determination of claim

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 40 of the volunteer firefighters' benefit law, as amended by chapter 544 of the laws of 1957, is amended to read as follows:

§ 40. [Notice] Claim assistance unit; notice of injury or death. The workers' compensation board shall establish a volunteer firefighters' benefit claim assistance unit. Such unit shall be responsible to initiate contact with any volunteer firefighter who sustains a life threatening injury, or in the case of death, the surviving dependents of such volunteer firefighter and shall provide any and all assistance required to file claims and expedite payment of any and all benefits allowable under this chapter.

Notice of an injury or death for which benefits are to be paid or provided under this chapter shall be given to the political subdivision liable for the payment thereof within ninety days after such injury or death except that such notice need not be given if a claim is filed pursuant to section forty-one of this [chapter] article within ninety days after such injury or death. Either such notice may be given by any person claiming to be entitled to such benefits [or], by someone in his or her behalf, or by a claim assistant. The notice shall be in writing, shall contain the name and address of the volunteer [fireman] firefighter, and state in ordinary language the time, place, nature and cause of the injury and shall be signed by him or her or by a person on his or her behalf or, in case of death, by any one or more of his or her dependents, [or] by a person on their behalf, or by a claim assistant. The

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01632-01-7

A. 2905 2

notice shall be given to the clerk of the board of supervisors of the county, the comptroller or chief financial officer of the city, the town clerk of the town, the clerk of the village or the secretary of the fire district, as the case may be, by delivering it to such officer or by registered letter properly addressed to such officer.

The failure to give notice of injury or notice of death shall be a bar to any claim under this chapter unless such failure is excused by the [workmen's] workers' compensation board on any of the following grounds, (1) that for some sufficient reason the notice could not have been given, (2) that a member of a body in charge of, or any officer of, the fire department or fire company had knowledge within such ninety-day period of the injuries or death, (3) that the political subdivision, or its insurance carrier had not been prejudiced by a delay in giving such notice, or (4) that the cause of disablement or death was not known to be the result of service performed in line of duty as a volunteer [fireman] firefighter in sufficient time to comply with the provisions of this section.

§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.