S T A T E O F N E W Y O R K
________________________________________________________________________
566
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. CAHILL, DiPIETRO, SALKA -- read once and referred
to the Committee on Local Governments
AN ACT to amend the volunteer firefighters' benefit law, in relation to
providing for temporary payments of benefit pending final determi-
nation of claim
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 40 of the volunteer firefighters' benefit law, as
amended by chapter 476 of the laws of 2018, is amended to read as
follows:
§ 40. [Notice] CLAIM ASSISTANCE UNIT; NOTICE of injury or death. The
workers' compensation board shall establish a volunteer firefighters'
benefit claim assistance unit. Such unit shall be responsible to initi-
ate contact with any volunteer firefighter who sustains a life threaten-
ing injury, or in the case of death, the surviving dependents of such
volunteer firefighter and shall provide any and all assistance required
to file claims and expedite payment of any and all benefits allowable
under this chapter.
Notice of an injury or death for which benefits are to be paid or
provided under this chapter shall be given to the political subdivision
liable for the payment thereof within ninety days after such injury or
death except that such notice need not be given if a claim is filed
pursuant to section forty-one of this [chapter] ARTICLE within ninety
days after such injury or death. Either such notice may be given by any
person claiming to be entitled to such benefits [or], by someone in his
or her behalf OR BY A CLAIM ASSISTANT. 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 depen-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01490-01-1
A. 566 2
dents, or by a person on their behalf; OR BY A CLAIM ASSISTANT. The
notice shall be given to the clerk of the board of supervisors of the
county, the comptroller or chief financial officer of the city, the town
clerk of the town, the clerk of the village or the secretary of the fire
district, 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 chapter unless such failure is excused by the
workers' compensation board on any of the following grounds, (1) that
for some sufficient reason the notice could not have been given, (2)
that a member of a body in charge of, or any officer of, the fire
department or fire company had knowledge within such ninety-day period
of the injuries or death, (3) that the political subdivision, or its
insurance carrier had not been prejudiced by a delay in giving such
notice, or (4) that the cause of disablement or death was not known to
be the result of service performed in line of duty as a volunteer fire-
fighter in sufficient time to comply with the provisions of this
section.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.