Firefighter Rights After a Job-Related Injury

Firefighters are regularly exposed to dangerous conditions, from battling towering flames to navigating unstable structures, with lives hanging in the balance. These hazards can lead to severe injuries and, in tragic cases, fatalities. Even though firefighting is inherently risky, we are grateful to those who put their lives on the line to protect us.

Below, the experienced personal injury attorneys at Sullivan Papain Block McManus Coffinas & Cannavo discuss what to do if you are left with questions about your rights following a job-related firefighting injury.

How Common Are Firefighter Deaths and Injuries?

Firefighting carries inherent risks, and the statistics on firefighter injuries and fatalities are sobering. According to the National Fire Protection Association (NFPA), thousands of firefighters are injured on duty each year, with injuries ranging from minor burns to more serious issues like broken bones or respiratory damage. Over 65,000 firefighter injuries were reported in 2022 alone, a reminder of how frequent these incidents are. Though firefighter deaths are less common than injuries, they still occur too often, particularly during structural fires, vehicle accidents en route to calls, and cardiac events due to the physical demands of the job.

Understanding the frequency of these incidents raises an important question: What protections do firefighters have when they get hurt or lose their lives in the line of duty? 

Firefighter Law and Protections

Firefighter law is a specialized area that governs the rights, responsibilities, and protections available to firefighters. When a firefighter is injured, they have access to specific benefits under New York and New Jersey laws, often distinct from general workers’ compensation regulations. The reason for this distinction is the recognition of the uniquely dangerous nature of the work they perform.

For instance, in New York, the Firefighter’s Rule has long been a source of debate. The rule, originally designed to limit a firefighter’s ability to sue for injuries sustained on the job, has seen significant changes over the years. More recent interpretations of the law now allow injured firefighters to pursue legal action under certain conditions, particularly if the defective condition that caused their injury is the result of a code violation.

In New Jersey, firefighters who are injured on duty can file a claim for workers’ compensation, which includes coverage for medical expenses, lost wages, and, in some cases, compensation for permanent injuries. These benefits can help offset the significant financial burden that comes with medical treatments, rehabilitation, and time away from work.

Firefighter Rights After an Injury

Firefighters injured in the line of duty have rights that protect them and ensure they receive the support they need. These rights vary between states but generally include:

• Workers’ Compensation: Some firefighters in New York and all firefighters in New Jersey are covered by workers’ compensation, which entitles them to benefits such as coverage for medical expenses, wage replacement, and compensation for permanent disabilities.
• Pensions and Disability Benefits: Many firefighters are part of pension systems that provide long-term financial security in case of retirement or disability. In New York, both accidental and ordinary disability retirement benefits are available for injured firefighters.
• Legal Recourse Against Third Parties: In some cases, firefighters may have the right to pursue legal action against third parties whose negligence contributed to their injury. For example, if a faulty product, such as defective firefighting equipment, leads to an injury, the manufacturer can be held liable. Firefighters also have the right to sue property owners if dangerous conditions or safety code violations were a contributing factor in their injury.

What to Do After a Firefighter Injury

Firefighters should be aware of the unique protections available to them under both state and federal law. Consulting with an attorney who specializes in firefighter law is often the best course of action, as they can provide guidance on the best steps to take in securing compensation or pursuing additional legal claims.

At SPBMCC, we specialize in this field and understand the specific challenges faced by injured firefighters and their families. We can help gather the necessary evidence, file claims for workers’ compensation, and take action against negligent third parties. If you are a firefighter who has been injured on the job connect with us today for your free consultation. 

Contact an Experienced Firefighter Injury Attorney at SPBMCC Today

Sullivan Papain Block McManus Coffinas & Cannavo P.C. is a reputable, full-service personal injury law firm specializing in various areas. Our dedicated litigation support teams are committed to vigorously representing clients in personal injury cases, 9/11-related illnesses, firefighter accidents, car accidents, construction accidents, premises liability, and medical malpractice across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.