2023 New York Laws › GMU - General Municipal › Article 10 - Firefighters and Police Officers › 205 - Payments to Injured or Representatives of Deceased Volunteer Firefighters.

§  205.  Payments  to injured or representatives of deceased volunteer
  firefighters. 1. If an active member of a volunteer fire company in  any
  city,  incorporated village or in any fire district of a town outside of
  an incorporated village or  in  any  part  of  a  town  protected  by  a
  volunteer   fire  company  incorporated  under  the  provisions  of  the
  membership corporations  law,  or  if  an  active  member  of  any  duly
  organized  volunteer  fire company, dies from injuries incurred while in
  the performance of his or her duties as such firefighter or as a  member
  of  a  fire  department emergency relief squad, a fire police squad or a
  fire patrol within one year thereafter, the city, village, fire district
  or town which is responsible as provided in  subdivision  four  of  this
  section shall pay as follows:
a.  If  such  volunteer  firefighter  is  a member of a volunteer fire
  company located in any city in which a pension fund is  maintained,  the
  relatives  of  such volunteer firefighter shall be entitled to a pension
  in the same manner and at the same rates as if he or she were  a  member
  of the paid fire department of such city.
b.  If  in  any other place the sum of three thousand dollars shall be
  paid to the widow or widower of such deceased volunteer  firefighter  or
  to  the  executor  or administrator of his or her estate if he or she is
  not survived by a widow or widower. In addition there shall be  paid  to
  the  widow  or  widower of such volunteer firefighter for the benefit of
  such child or children the sum of twenty-five dollars a month  for  each
  surviving   child,  including  a  posthumous  child,  of  such  deceased
  firefighter under the age of eighteen years, but not more than  a  total
  of  fifty  dollars  a month for all such children, or if the decedent be
  not survived by a widow or widower, or if he  or  she  dies  before  the
  payments cease, then such payments for a child or children shall be made
  to  their  guardian  or to relatives with whom they are living for their
  benefit.
2.  Any  such  volunteer  firefighter  who  shall  become  permanently
  incapacitated  for performing the full duties of a volunteer firefighter
  by  reason  of  disease  or  disability  caused  or  induced  by  actual
  performance  of  the  duties  of  his  or her position, without fault or
  misconduct on his or her part, shall
a. If a member of a volunteer fire company  located  in  any  city  in
  which a pension fund is maintained, be paid a pension in the same manner
  and  at  the  same  rate  as if he or she were a member of the paid fire
  department of such city.
b. If a member of a volunteer fire company in any other place, be paid
  one-half the amount which would have been payable in case  of  death  to
  his or her executor or administrator under the provisions of subdivision
  one of this section;
Provided,  however,  that  if  such volunteer firefighter shall at the
  expiration of the disability payments provided for in subdivision  three
  of this section be totally incapacitated to engage in any occupation for
  remuneration  or  profit  by  reason  of disease or disability caused by
  actual performance of the duties of his or her position,  without  fault
  or  misconduct  on  his  or her part, he or she shall be paid the sum of
  fifteen dollars per week during the period thereafter  that  such  total
  incapacity  shall  continue and, in addition thereto, during such period
  there shall be paid to him or her for the benefit of his or her child or
  children the sum of twelve dollars fifty cents a month  for  each  child
  under  the  age  of  eighteen  years,  but  not  more  than  a  total of
  twenty-five dollars a month for all such children,  but  no  payment  on
  account  of  a child shall continue after such child shall have attained
  the age of  eighteen  years.  In  the  event  payments  to  a  volunteer
  firefighter  and  his or her children on account of total incapacity, as

  heretofore in this subdivision provided, shall not have amounted to  the
  sum  to which he or she would otherwise have been entitled on account of
  permanent incapacity for performing  the  full  duties  of  a  volunteer
  firefighter  and  he  or  she  shall  be found to have recovered to such
  extent that he or she is no longer totally incapacitated  but  is  still
  permanently  incapacitated for performing the full duties of a volunteer
  firefighter, there shall be paid to him or her  the  difference  between
  the  payments  already made to him or her for his or her own account and
  for the account of his or her children and the amount to which he or she
  would be  entitled  under  this  subdivision  on  account  of  permanent
  incapacity  for  performing  the full duties of a volunteer firefighter.
  The authorities having jurisdiction to audit the claim of any  volunteer
  firefighter  claiming  total  disability benefits under this subdivision
  shall have the right to cause such injured volunteer firefighter  to  be
  examined  from  time  to  time  at reasonable intervals by the municipal
  health authorities or any physician appointed by them for  that  purpose
  to determine whether total disability continues and, in case a volunteer
  firefighter  receiving  total disability benefits hereunder shall refuse
  to permit any such examination to be made,  such  authorities  shall  be
  authorized  to  discontinue  the payment of benefits to him or her until
  such examination is allowed.
3. Any such volunteer firefighter who  shall  receive  injuries  while
  performing  his  or  her  duties as such, while in the fire house, while
  going  to  or  returning  from  a  fire  by   any   means   of   travel,
  transportation,  or conveyance whatever, or while working at the fire or
  answering a call or fire alarm or while officially engaged in testing or
  inspecting the apparatus, or equipment, or while engaged as a member  of
  a  fire  department,  or  fire  company,  emergency relief squad or fire
  police squad, or fire patrol or while attending a fire school, or  while
  instructing  or  being  instructed in fire duties or while attending any
  drill or parade or inspection in which his or her company or  department
  is  engaged,  or  while  engaged  in  emergency work not related to fire
  extinguishment or prevention or going to  or  returning  therefrom  when
  duly  authorized to participate therein, so as to necessitate medical or
  other lawful remedial treatment or prevent him or her from following his
  or her usual vocation on account thereof, shall be reimbursed  for  such
  sums  as  are  actually and necessarily paid for medical or other lawful
  remedial treatment, not exceeding five hundred dollars. He or she  shall
  also  be compensated for the time he or she was actually and necessarily
  prevented from following his or her vocation or for the time of  his  or
  her  disability  on  account of such injuries, at the rate of thirty-six
  dollars per week not to exceed one thousand eight hundred dollars.
Notice of an injury or death for which benefits are payable under this
  section shall be given to the municipal  corporation  or  fire  district
  responsible  for  the payment thereof within thirty days after receiving
  such injury, and also in case of the death of the volunteer  firefighter
  resulting  from  such  injury  within thirty days after such death. Such
  notice may be given by any  person  claiming  to  be  entitled  to  such
  benefits  or  by  someone  in  his or her behalf. 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. The notice shall be given to
  the comptroller or chief financial officer of the city, the clerk of the
  village,  the  secretary  of the fire district, or the town clerk of the
  town, 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  section.  Failure  to  give  notice of such injury or death
  within such thirty day period may be excused by  the  county  judge  who
  would  have  jurisdiction  of  a  controversy  under  this section, upon
  petition and notice in the manner provided in subdivision five  of  this
  section,  either  upon  the  ground  that for some sufficient reason the
  notice had not been given, or that any member of a body in charge of, or
  any officer of the fire department or fire company had knowledge  within
  such  thirty day period, of the injuries or death, or that the municipal
  corporation or fire district has not  been  prejudiced  by  a  delay  in
  giving such notice.
Any such volunteer firefighter who shall receive injuries as aforesaid
  shall,  when  certified  by  the chief or other executive officer of the
  fire department or by the appropriate administrative officers under whom
  he or she serves, be received by any public,  private,  or  semi-private
  hospital  for  care  and  treatment  at  the  usual ward or semi-private
  patient rates, including charges at the prevailing ward or  semi-private
  patient   rates   for   necessary   nursing,   laboratory  tests,  x-ray
  examinations and physical therapy, or, in case any such hospital  has  a
  contract  with  the  municipality  served by such volunteer firefighter,
  then at the rates specified in such contract.
Within two years after receiving  the  injury,  or  if  death  results
  therefrom  within  two  years after such death, a claim for the benefits
  under this section shall be filed with the same officer to whom a notice
  of an injury must  be  given,  as  aforesaid.  The  claim  shall  be  in
  substantially  the  same  form  and  shall  give  substantially the same
  information as is required to be given in a claim under  the  provisions
  of    section   twenty-eight   of   the   workers'   compensation   law.
  Notwithstanding the provisions of any other law, any such claim need not
  be sworn to, verified or acknowledged.
Payments of weekly benefits under this section shall  commence  within
  fifteen  days  after the filing of such claim, and payments of lump sum,
  and monthly,  death  benefits  under  this  section  shall  be  made  or
  commenced  within  thirty  days  after  such  filing.  In the event of a
  failure to make such payments within any such period or to continue  the
  same  for the time required therefor, a controversy shall be presumed to
  have arisen and a proceeding may thereupon  be  instituted  pursuant  to
  subdivision five of this section to compel such payment.
4. In cities any benefit under this section shall be a city charge and
  any claim therefor shall be audited and paid in the same manner as other
  city  charges,  except  that  no  part  of the moneys payable under this
  section shall be paid from the pension funds  of  the  said  departments
  therein.  In villages any such benefit shall be a village charge and any
  claim therefor shall be audited and paid in the  same  manner  as  other
  village  charges,  and  shall  be  assessed  upon the property liable to
  taxation in said village, and levied and collected in the same manner as
  village taxes. In fire districts  any  such  benefit  shall  be  a  fire
  district  charge and any claim therefor shall be audited and paid in the
  same manner as other fire district charges, and shall be  assessed  upon
  the  property  in such fire districts liable to taxation, and levied and
  collected in the same manner as fire district taxes. If such firefighter
  was a member of a town fire company or fire department or a member of  a
  fire company incorporated under the membership corporations law, located
  outside of a city, village or fire district, any such benefit shall be a
  town charge and any claim therefor shall be audited and paid in the same
  manner as town charges and shall be assessed upon the property liable to
  taxation  in the territory protected by such fire company and levied and
  collected  in  the  same  manner  as  town  charges  therein.  If   such

  firefighter  was a member of a fire company or fire department operating
  in, or maintained jointly by two or more villages, or two or more towns,
  or two or more fire districts,  any  such  benefit  shall  be  a  charge
  against  the village, town or fire district, in which the fire occurred.
  If such injury occur while assistance is being rendered to a neighboring
  city, town, village, fire district, fire protection district  (including
  a  fire protection district served by the company or department of which
  such firefighter is a member), fire alarm district, or territory outside
  any such district upon the  call  of  such  city,  town,  village,  fire
  district,  fire  protection  district, fire alarm district, or territory
  outside any such district, or while going to or returning from the place
  from whence such call came, or death shall result from any such  injury,
  any  such benefit shall be a charge against such neighboring city, town,
  village, fire district, fire protection district, fire  alarm  district,
  or  territory  outside  any  such  district,  so  issuing  the  call for
  assistance and after audit shall be paid and assessed upon the  property
  liable  to  taxation  in  such  neighboring  city,  town,  village, fire
  district, fire protection district, fire alarm  district,  or  territory
  outside  any  such district, and levied and collected in the same manner
  as other charges against the same are levied and collected.
Any city, village, fire district or town may finance  the  payment  of
  any  benefits  payable  under  the  provisions  of  this  section by the
  issuance of serial bonds or capital notes pursuant to the local  finance
  law  unless  it  is required by some other law to pay such benefits from
  current funds.
Any such city, village, fire district or the town board acting for and
  on behalf of any  fire  protection  district,  fire  alarm  district  or
  territory   outside  any  such  district,  may  contract  for  insurance
  indemnifying against the liability imposed  by  this  section,  provided
  further that such contract of insurance shall also indemnify against the
  liability  imposed  by  the  workers'  compensation  law  in relation to
  injuries or death  of  volunteer  firefighter,  and  the  cost  of  such
  insurance  shall be paid and provided in the same manner as benefits are
  required to be paid and provided in this section.
If any claim under this section is one for which an insurance  company
  might  be  liable, or if it is a claim for which a mutual self-insurance
  plan  under  subdivision  three-a  of  section  fifty  of  the  workers'
  compensation law might be liable, the officer to whom a notice of injury
  is  required to be delivered or mailed and with whom a claim is required
  to be filed under the provisions of this section shall send  a  copy  of
  any  such  notice  or  claim  and  a  copy of any notice of a proceeding
  relating to an injury or claim to such insurance company or plan, as the
  case may be, promptly after receiving the same.
Any money paid to an  executor  or  administrator  under  any  of  the
  provisions  of  this section shall be distributed in the manner provided
  by law for the distribution of personal property,  and  all  money  paid
  under  this  section shall be exempt from any process for the collection
  of debts either against the volunteer firefighter or any beneficiary  to
  whom the same is paid under the provisions of this section.
No  release  from the liability imposed by this section shall be valid
  if it shall appear that  the  person  executing  such  release  has  not
  received  the  full  amount  to  which  he  or she is entitled under the
  provisions of this section.
The words "injury" and "injuries", as used in  this  section,  include
  any  disablement  of a volunteer firefighter as the direct result of the
  performance of his or her duties.
If for the purpose of obtaining  any  benefit  or  payment  under  the
  provisions  of  this  section,  or  for  the  purpose of influencing any

  determination regarding any benefit or payment under the  provisions  of
  this section, either for himself or herself or for any other person, any
  person  willfully  makes  a false statement or representation, he or she
  shall be guilty of a misdemeanor.
The provisions of this section relating to giving notice of injury and
  filing  claim, and to the contents of any such notice or claim, shall be
  construed liberally in order to effectuate the objects and  purposes  of
  this section.
5.  Any  controversy  arising at any time under the provisions of this
  section shall be determined by the county judge of any county  in  which
  the  city,  village,  fire district, or town, which would be responsible
  for payments under this section, is located. For that purpose, any party
  may present a petition to such county judge, setting forth the facts and
  rights which are claimed. A copy of such petition and notice of the time
  and place when the same will be presented shall be served on all persons
  interested therein, at least eight days prior to such presentation.
6. The provisions  of  this  section  shall  not  apply  to  volunteer
  firefighters  killed  or  injured  on  or  after the first day of March,
  nineteen hundred fifty-seven, or who die from the  effects  of  injuries
  received on or after such date.