What's happening
This bill requires the Workers' Compensation Board to create a claim assistance unit to help volunteer firefighters and their families file benefit claims.
Why it matters
Creates a new dedicated unit within the Workers’ Compensation Board. to proactively assist injured volunteer firefighters or their families, which could lead to quicker, less confusing claims processes and increased access to benefits for those unfamiliar with the system.
Mandates direct outreach to affected firefighters or their surviving dependents. after a life-threatening injury or death, potentially reducing delays or missed benefits due to lack of knowledge, stress, or bureaucratic hurdles during crises.
Expands who can file official notice of injury or death. to include claim assistants, not just the firefighter or their family, which lowers barriers to starting claims and protects families who might otherwise miss critical deadlines.
Aims to expedite benefit payments. by requiring the assistance unit to help file claims and move them through the system, which may offer vital financial support to volunteer firefighters and their families when they need it most.
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Who cares
Headline styles
Assist Firefighter Benefit Claims
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
No co-sponsors yet.
History
- Referred to local government
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7027
IN SENATE (Prefiled)
January 8, 2020
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
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 476 of the laws of 2018, 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 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 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03112-03-9
S. 7027 2
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 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 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.
Sponsor's memo
Title of bill
An act to amend the volunteer firefighters' benefit law, in relation to providing for temporary payments of benefit pending final determination of claim
Purpose or general idea of bill
This measure will establish a Volunteer Firefighters Benefit Claim Assistance Unit within the New York State Workers Compensation Board to initiate contact with firefighters or their surviving dependents and provide assistance required to file claims and expedite payment of any and all benefits allowed under this chapter.
Summary of specific provisions
Section 1 amend section 40 of the Volunteer Firefighters Benefit Law to establish a volunteer firefighters' benefit claim assistance unit. The unit will be responsible for initiating contact with any volunteer fire- fighter 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.
Section 2 provides the effective date.
Justification
Section 40 of the Volunteer Firefighters' Benefit Law (VFBL) provides for the notice of injury or death in the line of duty for which benefits are to be paid or provided under this chapter. Over the years, there have been a number of instances in which payment of the VFBL benefit has been delayed. These delays only cause pain and hardship to the desig- nated beneficiary. There have been instances where beneficiaries have waited over 6 months to receive their payment. In at least one inci- dence, a surviving spouse waited over two and a half years before being compensated.
This legislation will create a special unit within the Workers' Compen- sation Board that will assist injured volunteer firefighters, surviving spouses and other beneficiaries through the claims process. It will also encourage consultation among the workers' compensation board and the volunteer fire associations. The created Volunteer Firefighters Benefit Claim Assistance Unit will consist of members currently serving the Compensation Board. Although the volume of cases is relatively small, this specialized unit is needed to better serve volunteer fire- fighter companies and their members by acting as the conduit between the Board and beneficiary to help expedite the compensation process. While it is clear that some period of time is required in order to determine whether a death or injury occurred in the line of duty, excessive delays in payment should be avoided in order to reduce the hardship felt by survivors and beneficiaries.
Prior legislative history
2017-2018: A.2905 - Referred to Local Governments 2015-2016: A.1718 - Referred to Local Governments
2013-2014: A.1150 - Referred to Local Governments
2011-2012: A.181 - Referred to Local Governments
2009-2010: A.681 - Referred to Local Governments
2007-2008: A.514 - Referred to Local Governments
2005-2006: A.2042 - Referred to Local Governments
2003-2004: A.10853 - Referred to Local Governments
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred twenti- eth day after it shall have become a law; provided, however, that effec- tive 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.
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