N.Y. General Municipal Law § 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.