New York Survivor Benefits

Career Firefighters: Any condition of impairment of health caused by diseases of the heart, resulting in disability or death to a firefighter shall be presumptive evidence that it was incurred in the performance and discharge of duty and the natural and proximate result of an accident, unless the contrary be proved by competent evidence.

Any condition of impairment of health caused by diseases of the lung resulting in disability or death to a paid firefighter who successfully passed a physical examination which failed to reveal any evidence of such condition upon entry into the service, shall be presumptive evidence that the disability or death was sustained in the performance and discharge of duty and caused by the natural and proximate result of an accident, not caused by such firefighter’s own willful negligence. This presumption can be overturned by competent evidence to the contrary.

Firefighters who contract HIV, tuberculosis or hepatitis after contact with members of the public where there may have been an exposure to a bodily fluid will be presumed to have contracted such disease in the performance or discharge of their duties as the natural and proximate result of an accident.

Any melanoma or condition of cancer affecting the lymphatic, digestive, hematological, urinary, neurological, breast, reproductive, or prostate systems, resulting in disability or death to a paid firefighter who successfully passed a physical examination which failed to reveal any evidence of such condition upon entry into the service, shall be presumptive evidence that the disability or death was sustained in the performance and discharge of duty and caused by the natural and proximate result of an accident, not caused by such firefighter’s own willful negligence. This presumption can be overturned by competent evidence to the contrary.

Volunteer Firefighters: Any condition of impairment of health caused by diseases of the lung, resulting in total or partial disability or death to a volunteer firefighter shall be presumed to be incurred in the performance of duty and not through the firefighter’s own negligence, so long as the firefighter successfully passed a physical examination on entry into such service or during their tenure.

Note that this has been repealed with an effective end date of 30 June 2020.

A claim for benefits for the death or disability of a volunteer fireman due to disease or malfunction of the heart or of one or more coronary arteries shall not be denied provided the claimant introduces evidence which establishes the malfunction occurred due to their work as a firefighter and such malfunction caused the injury or death. Substantial evidence to the contrary may overturn this claim.

Note that this has been repealed with an effective end date of 1 July 2020.

Cancers which affect the prostate or breast, lymphatic, hematological digestive, urinary, neurological, or reproductive systems, or melanoma are covered under state law. Volunteer firefighters with five of more years of service who passed a physical examination upon entry to the service shall be eligible to receive the following benefits:

A lump sum benefit of $25,000 for each diagnosis of cancer with one or more malignant tumors with metastasis requiring treatment, or a terminal diagnosis;

A lump sum benefit of $6,250 for each diagnosis of cancer with carcinoma in situ such that surgery, radiotherapy, or chemotherapy has been determined to be medically necessary, or malignant tumors which are treated by endoscopic procedures alone, or malignant melanomas;

And an additional payment of $50,000 payable to such volunteer or his or her beneficiary upon acceptable proof by a board certified physician that such firefighter’s death resulted from complications associated with cancer.

Total payments from the first two benefits listed above for a firefighter shall not exceed $50,000 over the course of their lifetime. Volunteer firefighters shall be ineligible for these benefits if they are already provided paid firefighter benefits. Eligible volunteer firefighters shall remain eligible for 60 months after formal cessation of their status as an active volunteer firefighter.
Note that this is a new law, effective starting 1 Jan 2019

Reference: N.Y. Volunteer Firefighters’ Benefit, Sections 11-C*2, Section 61. N.Y. General Municipal Laws, Section 205-CC. N.Y. Retirement & Social Security Law, Sections 363-A, 363-D, 363-DD, 363-F

This benefit crosses different departments. Start with consulting Workers’ Compensation Board.

Contact:
New York State Workers’ Compensation Board
Statewide Administrative Office
328 State Street
Schenectady, NY 12305-2318

Mailing Address:
New York State Workers’ Compensation Board
Centralized Mailing Address
PO Box 5205
Binghamton, NY 13902-5205
Phone: (877) 632-4996
Fax: (877) 533-0337
E-mail: [email protected]
Website: www.wcb.ny.gov