What's happening
This bill requires the creation of a claim assistance unit to help volunteer firefighters and their dependents file benefit claims after injury or death.
Why it matters
Creates a dedicated claim assistance unit within the Workers' Compensation Board. to proactively reach out to injured volunteer firefighters or their surviving dependents, aiming to reduce confusion and barriers when navigating the benefits process during traumatic times.
Authorizes claim assistants to file official injury or death notices on behalf of firefighters or their families. , potentially reducing administrative burdens and ensuring claims are submitted promptly, even if the affected parties are incapacitated or overwhelmed.
Improves the likelihood of eligible volunteers or their dependents receiving timely benefits. by mandating that the claim assistance unit expedite the filing and processing of claims, which could decrease financial hardship after a serious injury or death.
Expands the options for providing required notice to local authorities. , allowing claim assistants to act as official representatives—helping to prevent technicalities or procedural errors from blocking legitimate claims.
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Who cares
Headline styles
Help For Firefighter Claims
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to local governments
- Referred to local governments
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
267
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. CAHILL, DiPIETRO -- 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 depen-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03112-01-9
A. 267 2
dents, [or] by a person on their behalf, or by a claim assistant. The 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. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized 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.