Content reviewed by:
Alex Shulman
Firefighters, paramedics, and EMTs must often run toward danger to save property and rescue people from burning buildings, wrecked automobiles, flooded areas, toxic environments, and other hazardous situations. Putting yourself in harm’s way for others’ benefit is heroic. Knowing the risks does not diminish your right to compensation when you are injured in the line of duty and can no longer earn a living.
If you are injured while working as a first responder, we can help you pursue the compensation you deserve. Our award-winning first responder workers’ compensation lawyers are dedicated to providing personalized service to pursue maximum results.
Our Workers’ Compensation Attorneys are Here To Help NYC’s First Responders
Our community-centered New York City workers’ compensation lawyers are real New Yorkers with over a decade of experience helping first responders receive the compensation they deserve when they are injured on the job. First responder claim requirements vary widely, resulting in unique hurdles, but no case is too challenging for our experienced attorneys. With Shulman & Hill on your side, you can expect vigorous advocacy, open communication, and attention to detail. We see every client as a person, not a case number.
We have recovered over $700 million in compensation for injured accident victims, and our attorneys have won the following prestigious awards in the legal field:
- New York Super Lawyers
- Super Lawyers Rising Stars
- Attorney and Practice Magazine’s Top 10 Plaintiff’s Personal Injury Award
- National Trial Lawyers Association’s Top 40 Under 40
- American Institute of Legal Council’s Top 10 Best Law Firms for Client Satisfaction
Your Full-Service NYC First Responder Workers’ Compensation Law Firm
We understand the occupational and environmental hazards first responders face daily and thoroughly grasp the benefits you are entitled to recover. Not every New York City first responder is entitled to the same benefits. You may be entitled to workers’ compensation, damages through a personal injury lawsuit, or even both.
With the help of Shulman & Hill, you can pursue every type of compensation available without having to retain multiple law firms. While many law firms only handle one type of claim and may farm out your claim to another law firm, we handle workers’ compensation claims and personal injury lawsuits in-house.
We offer service in English, Spanish, and Russian with convenient office locations in the following New York City areas:
If you have been injured on the job as a first responder, our New York personal injury lawyers can determine which types of compensation are available for you and file your claims. Call us today at (212) 221-1000 to schedule your free consultation.
What To Do If You’re a First Responder Who Has Been in a Workplace Accident
Seek medical attention immediately and report the accident to your supervisor in writing as soon as possible. Your employer should have a process for completing an incident report. Follow your doctor’s treatment recommendations and report new symptoms when they occur. These steps create a record establishing your injuries’ connection to work and document their severity.
If someone else’s negligence contributed to your injury, get the names and contact information of any eyewitnesses. If possible, take pictures of the scene. Then contact our experienced first responder workers’ compensation lawyers promptly. We can gather evidence for you and start working immediately to protect your claim and secure your benefits. Contact us today for a free case review.
Ways Shulman & Hill Helps NYC’s First Responders
We will stand with you until you receive every penny you deserve. Whether you qualify for workers’ compensation or a personal injury lawsuit, our attorneys will provide the highest level of representation and client service available. You can trust us to do the following and more:
- Investigate your accident.
- Identify all liable parties.
- Identify the types of compensation available to you.
- File your workers’ compensation claim within the required time frame.
- File your personal injury claim before the statute of limitations expires.
- Calculate your case value.
- Negotiate a settlement and refuse to accept less than you deserve.
- Litigate your workers’ compensation claim if it is denied.
- Take your personal injury claim to court if necessary to obtain fair compensation.
Every first responder’s injury case is unique, and your options vary based on your role. Determining the types of compensation you can recover is often confusing without a qualified civil servant workers’ compensation attorney on your side.
Paid Firefighters
New York City excludes firefighters with the New York Fire Department from the workers’ compensation system. Under the old “firefighter rule,” firefighters also were prohibited from filing lawsuits for workplace injuries, leaving them with limited recourse. However, firefighters and their families now have multiple options for recovering compensation for injuries or death in the line of duty. Our firefighter workers’ compensation lawyers can help you with each type of claim available to you.
Personal Injury Lawsuits
New York General Municipal Law Section 205(a) reversed the firefighter’s rule. Firefighters now have the legal right to sue anyone who causes or contributes to an injury or illness through negligence, non-compliance with any law, or violation of any department rule. As a result, you may be able to sue the following:
- The City of New York
- Building owners
- Homeowners
- Motor vehicle drivers
- Manufacturers of defective firetrucks, firefighting equipment, or safety gear
You also may file a wrongful death lawsuit against any of these liable parties if you are the surviving family member of a firefighter who died on the job.
Hospitalization from Line-of-Duty Injuries or Illnesses
If you are hospitalized for an injury or illness related to your job, you are entitled to care in a semi-private patient facility at any NYC public, private, or semi-private hospital at the city’s expense. The hospital must bill the city directly.
Compensation for Permanent Disabilities and Occupational Illnesses
If a line-of-duty injury or illness permanently disables you, you may be eligible for accidental disability retirement. To qualify for benefits, you must establish a causal link between the injury or illness and your fire department service. You are entitled to a presumption of service connection if you contract the following conditions:
- Parkinson’s disease that develops during your service or within two years of retirement
- Cancer that develops during your service or within five years of retirement
- Heart conditions and stroke
- HIV, tuberculosis, or hepatitis if you may have been exposed while rescuing or transporting someone in the line of duty
Special Accidental Death Benefits
If you are the surviving family member of a paid firefighter who died in the line of duty, you may be entitled to special accidental death benefits. The city pays lifelong death benefits to the widow or widower in an amount equal to the firefighter’s salary preceding death. If there is no surviving spouse, the city must divide benefits among the dependent children until they reach 18 or, if enrolled in a qualified school program, 23. If there is no spouse or child, the parents of the deceased firefighter may be eligible for lifelong benefits.
Volunteer Firefighters
Volunteer firefighters are eligible for workers’ compensation under the Volunteer Firefighters’ Benefit Law. Workers’ compensation provides free medical care and pays volunteer firefighters up to $650 per week, depending on the degree of their disability. You may be entitled to enhanced benefits if you suffer any of the following:
- Permanently disfiguring injuries—a lump sum payment of up to $20,000.
- Loss of hearing, sight, or use of a body part—a Schedule Loss of Use lump sum payment that varies based on which body part is affected
- Cancer—a lifetime benefit of up to $50,000 paid partly as a lump sum and partly as monthly benefits
Under Section 205(a) of the municipal code, injured volunteer firefighters have a right to sue any negligent parties, including New York City. If you were injured by defective equipment, you may be able to hold manufacturers liable. In addition, you can pursue a claim against anyone who knowingly donated defective equipment or modified it. Meanwhile, anyone who harmed you through intentional or grossly negligent conduct can also be liable. Our workers’ compensation attorneys will file a personal injury lawsuit on your behalf against all responsible parties.
Death Benefits for Volunteer Firefighter Families
If your loved one has died because of their service as a volunteer firefighter, you may be entitled to receive up to $887 in weekly cash benefits. Funeral expenses are also covered. The surviving spouse is further entitled to a $56,000 lump sum payment, which will go to the estate in the absence of a surviving spouse. If your loved one died of service-connected cancer, your family may be able to receive the $50,000 cancer benefit if they did not receive it during their lifetime.
Paramedics and EMTs
New York City paramedics and EMTs are eligible for workers’ compensation, which may include the following, depending on the nature and severity of your injuries:
- Medical care
- Partial wage replacement of up to 66 and two-thirds percent, not to exceed the state maximum
- A $20,000 lump sum payment for permanent disfigurement
- A Schedule Loss of Use lump sum payment for permanent loss of hearing, sight, or use of any extremity
Workers’ compensation pays death benefits to the families of paramedics and EMTs who die from occupational injuries and illnesses. Death benefits are based on 66 and two-thirds of the worker’s average weekly wage, up to the state maximum, if there is a surviving spouse or dependent children. Otherwise, workers’ compensation pays a $50,000 lump sum to the deceased worker’s parents or estate.
The documentation requirements for an EMT or paramedic’s claim vary slightly depending on whether your employer is the Health and Hospitals Corporation or a private company. City workers must file through the NYC Division of Workers’ Compensation. All other employees must file through the state Board of Workers’ Compensation. Our well-versed lawyers will ensure your claim is filed properly.
Volunteer Paramedics and EMTs
Volunteer paramedics and EMTs are entitled to workers’ compensation under the Volunteer Ambulance Worker Benefits Law. Injured volunteer paramedics and EMTs may be entitled to medical care, disfigurement benefits, Schedule Loss of Use benefits, and weekly cash benefits of up to $650 per week. Death benefits are available to family members of paramedics and EMTs who died in the line of duty or from an occupational illness.
Can Paramedics and EMTs Sue?
Because workers’ compensation covers paramedics and EMTs, you generally cannot sue your employer or co-workers, even if their negligence caused your injuries. However, you may be able to sue outside parties, such as the following:
- Negligent drivers who refused to stop during an emergency transport
- Defective equipment manufacturers
- A negligent government entity if you are not the entity’s employee
- A property owner that harbored hazardous conditions
Our EMT and paramedic workers’ compensation lawyers can identify all the responsible parties and file each type of claim for which you qualify.
What Is the Deadline to File a Claim as a First Responder After an Injury?
You generally have 30 days to notify your employer if you are a paid paramedic or EMT. You have up to two years to file your Employee C-3 form with the Workers’ Compensation Board. If your employer is the Health and Hospitals Corporation, you must file your Employee Report of Injury, form WCD-23, within 48 hours of your injury. However, all of these things should be done as soon as possible after being injured. Our firm can help make sure they are done properly and timely.
If you are a volunteer firefighter or ambulance worker, you must notify the city comptroller, chief financial officer, or the fire or ambulance district secretary of your intention to file a claim within 90 days of your injury. If you are a firefighter, you then have up to two years to file Form VF-1 with the state Workers’ Compensation Board. Ambulance workers have the same deadline for filing Form VAW-3. Regardless, you should notify your employer about your injury immediately.
Deadlines for Filing First Responder Injury Lawsuits
To file a lawsuit against the city for negligence, you must file a notice of claim within 90 days of the incident. You will then have one year and 90 days from the incident date to file your lawsuit. The New York statute of limitations generally requires you to file a personal injury lawsuit against other responsible parties within three years. You have up to two years to file a wrongful death claim.
New York’s statute of limitations is complex. A knowledgeable first responder attorney will ensure your case gets filed on time. If you miss a deadline, you could lose out on substantial compensation. Contact us today to protect your claim.
Damages Available to First Responders
Paramedics, EMTs, and firefighters may be able to recover substantial damages through a personal injury lawsuit. According to §205(a) of the New York General Municipal Code, volunteer firefighters injured in the line of duty because of negligence are entitled to a minimum award of $10,000 in a personal injury lawsuit or $40,000 in a wrongful death claim. Damages are often significantly higher and may include:
- Economic damages – compensation for monetary losses such as medical expenses and lost wages
- Non-economic damages – compensation for subjective losses, such as pain and suffering
- Punitive damages – damages awarded in rare cases to punish a defendant whose conduct was intentional or reckless and to deter others from similar actions
