Amd §§8, 9 & 10, Vol Ffs Ben L; amd §§8, 9 & 10, Vol Amb Wkr Ben L
Increases temporary and permanent disability payments for volunteer firefighters and ambulance workers, and specifies weekly payment amounts for volunteer firefighters and ambulance workers injured in the line of duty on or after July first, two thousand twenty-six.
STATE OF NEW YORK
________________________________________________________________________
1849
2025-2026 Regular Sessions
IN ASSEMBLY
January 14, 2025
___________
Introduced by M. of A. STECK, SANTABARBARA -- read once and referred to
the Committee on Local Governments
AN ACT to amend the volunteer firefighters' benefit law and the volun-
teer ambulance workers' benefit law, in relation to increasing certain
disability payments and specifying payments for volunteer firefighters
and ambulance workers injured in the line of duty on or after July 1,
2026
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 8 of the volunteer firefighters' benefit law, as
2 amended by chapter 401 of the laws of 2016, is amended to read as
3 follows:
4 § 8. Permanent total disability benefits. In the case of total disa-
5 bility adjudged to be permanent the volunteer firefighter shall be paid
6 [six] nine hundred dollars for each week during the continuance thereof.
7 Permanent total disability, within the meaning of this section, shall
8 exist only if the earning capacity of the volunteer firefighter has been
9 lost permanently and totally as the result of the injury. The loss of
10 both hands, or both arms, or both feet, or both legs, or both eyes, or
11 any two thereof, shall, in the absence of conclusive proof to the
12 contrary, constitute permanent total disability, but in all other cases
13 permanent total disability shall be determined in accordance with the
14 facts. Notwithstanding any other provisions of this chapter, an injured
15 volunteer firefighter disabled due to the loss or total loss of use of
16 both eyes, or both hands, or both arms, or both feet, or both legs, or
17 any two thereof shall not suffer any diminution of such weekly benefit
18 by engaging in business or employment provided [his or her] such injured
19 volunteer firefighter's weekly earnings or wages, when combined with
20 [his or her] their weekly benefit shall not be in excess of eight
21 hundred dollars; and further provided that the application of this
22 section shall not result in reduction of benefits which an injured
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04529-01-5
A. 1849 2
1 volunteer firefighter who is disabled due to the loss or total loss of
2 use of both eyes, or both hands, or both arms, or both feet, or both
3 legs, or any two thereof would otherwise be entitled to under any other
4 provisions of this article.
5 § 2. Section 9 of the volunteer firefighters' benefit law, as amended
6 by chapter 523 of the laws of 2021, is amended to read as follows:
7 § 9. Temporary total disability benefits. In the case of temporary
8 total disability the volunteer firefighter shall be paid one hundred
9 twenty-five dollars for each week during the continuance thereof;
10 provided, however, that when the volunteer firefighter is injured in the
11 line of duty on or after July first, nineteen hundred seventy-eight to
12 December thirty-first, nineteen hundred seventy-eight, said firefighter
13 shall receive one hundred eighty dollars per week during the continuance
14 thereof; and further provided, that when the volunteer firefighter is
15 injured in the line of duty on or after January first, nineteen hundred
16 seventy-nine to June thirtieth, nineteen hundred eighty-three, said
17 firefighter shall receive two hundred fifteen dollars per week during
18 the continuance thereof; and further provided, that when the volunteer
19 firefighter is injured in the line of duty on or after July first, nine-
20 teen hundred eighty-three to June thirtieth, nineteen hundred eighty-
21 four, said firefighter shall receive two hundred fifty-five dollars per
22 week during the continuance thereof; and further provided, that when the
23 volunteer firefighter is injured in the line of duty on or after July
24 first, nineteen hundred eighty-four to June thirtieth, nineteen hundred
25 eighty-five, said firefighter shall receive two hundred seventy-five
26 dollars per week during the continuance thereof; and further provided,
27 that when the volunteer firefighter is injured in the line of duty on or
28 after July first, nineteen hundred eighty-five to June thirtieth, nine-
29 teen hundred ninety, said firefighter shall receive three hundred
30 dollars per week during the continuance thereof; and further provided,
31 that when the volunteer firefighter is injured in the line of duty on or
32 after July first, nineteen hundred ninety to June thirtieth, nineteen
33 hundred ninety-one, said firefighter shall receive three hundred forty
34 dollars per week during the continuance thereof; and further provided,
35 that when a volunteer firefighter is injured in the line of duty on or
36 after July first, nineteen hundred ninety-one to June thirtieth, nine-
37 teen hundred ninety-two, said firefighter shall receive three hundred
38 fifty dollars per week during the continuance thereof; and further
39 provided, that when a volunteer firefighter is injured in the line of
40 duty on or after July first, nineteen hundred ninety-two to June thir-
41 teenth, two thousand twenty-one, said firefighter shall receive four
42 hundred dollars per week during the continuance thereof; and further
43 provided, that when a volunteer firefighter is injured in the line of
44 duty on or after July first, two thousand twenty-one to June thirtieth
45 two thousand twenty-six, said firefighter shall receive six hundred
46 fifty dollars per week during the continuance thereof; and further
47 provided, that when a volunteer firefighter is injured in the line of
48 duty on or after July first, two thousand twenty-six, said firefighter
49 shall receive nine hundred dollars per week during the continuance
50 thereof. Temporary total disability, within the meaning of this
51 section, shall exist only if the earning capacity of the volunteer fire-
52 fighter has been lost temporarily and totally as the result of the inju-
53 ry. In case of temporary total disability and permanent partial disabil-
54 ity both resulting from the same injury, if the temporary total
55 disability continues for a longer period than the number of weeks set
56 forth in the following schedule, the period of temporary total disabili-
A. 1849 3
1 ty in excess of such number of weeks shall be added to the period
2 provided in section ten of this article: arm, thirty-two weeks; leg,
3 forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, twen-
4 ty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first
5 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve
6 weeks; third finger, eight weeks; fourth finger, eight weeks; toe other
7 than great toe, eight weeks. In any case resulting in loss or partial
8 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe,
9 where the temporary total disability does not extend beyond the periods
10 above mentioned for such injury, benefits shall be limited to the sched-
11 ule contained in section ten of this article.
12 § 3. The opening paragraph and paragraph (g) of subdivision 1 of
13 section 10 of the volunteer firefighters' benefit law, the opening para-
14 graph as amended by chapter 21 of the laws of 1991, paragraph (g) as
15 amended by chapter 584 of the laws of 1974, the opening subparagraph and
16 subparagraph 4 of paragraph (g) as amended by chapter 476 of the laws of
17 2018 and subparagraphs 1 and 2 of paragraph (g) as amended by chapter
18 924 of the laws of 1990, are amended to read as follows:
19 In the case of disability partial in character, but permanent in qual-
20 ity, the volunteer firefighter shall be paid ninety-five dollars for
21 each week for the period specified in this subdivision, provided, howev-
22 er, that when the volunteer firefighter is injured in the line of duty
23 on or after January first, nineteen hundred seventy-eight to June thir-
24 tieth, nineteen hundred eighty-three, such payment shall be one hundred
25 five dollars for each week, and further provided that when a volunteer
26 firefighter is injured in the line of duty on or after July first, nine-
27 teen hundred eighty-three to and including June thirtieth, nineteen
28 hundred eighty-four, such payments shall be one hundred twenty-five
29 dollars for each week and provided further that when the volunteer fire-
30 fighter is injured in the line of duty on or after July first, nineteen
31 hundred eighty-four to and including June thirtieth, nineteen hundred
32 eighty-five such payments shall be one hundred thirty-five dollars for
33 each week and provided further that when the volunteer firefighter is
34 injured in the line of duty on or after July first, nineteen hundred
35 eighty-five to and including June thirtieth, nineteen hundred ninety
36 such payments shall be one hundred fifty dollars for each week, and
37 provided further that when the volunteer firefighter is injured in the
38 line of duty on or after July first, nineteen hundred ninety to and
39 including June thirtieth, nineteen hundred ninety-one such payments
40 shall be two hundred eighty dollars for each week, and provided further
41 that when the volunteer firefighter is injured in the line of duty on or
42 after July first, nineteen hundred ninety-one to and including June
43 thirtieth, nineteen hundred ninety-two such payments shall be three
44 hundred fifty dollars for each week, and provided further that when the
45 volunteer firefighter is injured in the line of duty on or after July
46 first, nineteen hundred ninety-two such payments shall be four hundred
47 dollars for each week, and provided further that when the volunteer
48 firefighter is injured in the line of duty on or after July first, two
49 thousand twenty-six such payments shall be nine hundred dollars for each
50 week as follows:
51 (g) Other cases. In all other cases of permanent partial disability
52 the volunteer firefighter shall be paid for each week during the contin-
53 uance thereof, as follows:
54 1. If the percentage of loss of earning capacity is seventy-five per
55 centum, or greater, [he or she] such volunteer firefighter shall be paid
56 ninety-five dollars for each week, provided, however, that when the
A. 1849 4
1 volunteer firefighter is injured in the line of duty on or after January
2 first, nineteen hundred seventy-eight to and including June thirtieth,
3 nineteen hundred eighty-three, such payment shall be one hundred five
4 dollars for each week provided, however, that when the volunteer fire-
5 fighter is injured in the line of duty on or after July first, nineteen
6 hundred eighty-three to and including June thirtieth, nineteen hundred
7 eighty-four, such payment shall be one hundred twenty-five dollars for
8 each week provided, however, that when the volunteer firefighter is
9 injured in the line of duty on or after July first, nineteen hundred
10 eighty-four to and including June thirtieth, nineteen hundred eighty-
11 five such payment shall be one hundred thirty-five dollars for each
12 week, provided, however, that when the volunteer firefighter is injured
13 in the line of duty on or after July first, nineteen hundred eighty-five
14 to and including June thirtieth, nineteen hundred ninety such payment
15 shall be one hundred fifty dollars for each week, provided, however,
16 that when the volunteer firefighter is injured in the line of duty on or
17 after July first, nineteen hundred ninety to and including June thirti-
18 eth, nineteen hundred ninety-one such payment shall be two hundred
19 eighty dollars for each week, and provided further that when the volun-
20 teer firefighter is injured in the line of duty on or after July first,
21 nineteen hundred ninety-one to and including June thirtieth, nineteen
22 hundred ninety-two such payment shall be three hundred fifty dollars for
23 each week, and provided further that when the volunteer firefighter is
24 injured in the line of duty on or after July first, nineteen hundred
25 ninety-two such payment shall be four hundred dollars for each week, and
26 provided further that when the volunteer firefighter is injured in the
27 line of duty on or after July first, two thousand twenty-six such
28 payment shall be nine hundred dollars for each week;
29 2. If the percentage of loss of earning capacity is fifty per centum,
30 or greater, but less than seventy-five per centum, [he or she] such
31 volunteer firefighter shall be paid sixty-three dollars and thirty-three
32 cents for each week, provided, however, that when the volunteer fire-
33 fighter is injured in the line of duty on or after January first, nine-
34 teen hundred seventy-eight to and including June thirtieth, nineteen
35 hundred eighty-three, such payment shall be seventy dollars for each
36 week, provided, however, that when the volunteer firefighter is injured
37 in the line of duty on or after July first, nineteen hundred eighty-
38 three to and including June thirtieth, nineteen hundred eighty-four such
39 payment shall be eighty-three dollars and thirty-three cents for each
40 week, provided, however, that when the volunteer firefighter is injured
41 in the line of duty on or after July first, nineteen hundred eighty-
42 four, to and including June thirtieth, nineteen hundred eighty-five,
43 such payment shall be ninety dollars for each week, provided, however,
44 that when the volunteer firefighter is injured in the line of duty on or
45 after July first, nineteen hundred eighty-five to and including June
46 thirtieth, nineteen hundred ninety such payment shall be one hundred
47 dollars for each week, provided, however, that when the volunteer fire-
48 fighter is injured in the line of duty on or after July first, nineteen
49 hundred ninety to and including June thirtieth, nineteen hundred nine-
50 ty-one such payment shall be one hundred eighty-six dollars and seven-
51 ty-six cents for each week, provided, however, that when the volunteer
52 firefighter is injured in the line of duty on or after July first, nine-
53 teen hundred ninety-one to and including June thirtieth, nineteen
54 hundred ninety-two such payment shall be two hundred thirty-four dollars
55 and fifty cents for each week, provided, however, that when the volun-
56 teer firefighter is injured in the line of duty on or after July first,
A. 1849 5
1 nineteen hundred ninety-two such payment shall be two hundred sixty-
2 eight dollars for each week, provided, however, that when the volunteer
3 firefighter is injured in the line of duty on or after July first, two
4 thousand twenty-six such payment shall be five hundred thirty-six
5 dollars for each week;
6 3. If the percentage of loss of earning capacity is twenty-five per
7 centum, or greater, but less than fifty per centum, [he] such volunteer
8 firefighter shall be paid [thirty] two hundred dollars for each week;
9 4. If the percentage of loss of earning capacity is less than twenty-
10 five per centum, [he or she] such volunteer firefighter shall [not] be
11 paid [any weekly benefit. Permanent partial disability, within the
12 meaning of this paragraph, shall exist only if the earning capacity of
13 the volunteer firefighter has been permanently and partially lost as the
14 result of the injury. The workers' compensation board shall determine
15 the degree of such disability and such board may reconsider such degree
16 on its own motion or upon application of any party in interest] fifty
17 dollars for each week.
18 § 4. Section 8 of the volunteer ambulance workers' benefit law, as
19 amended by chapter 401 of the laws of 2016, is amended to read as
20 follows:
21 § 8. Permanent total disability benefits. In the case of total disa-
22 bility adjudged to be permanent the volunteer ambulance worker shall be
23 paid [six] nine hundred dollars for each week during the continuance
24 thereof. Permanent total disability, within the meaning of this section,
25 shall exist only if the earning capacity of the volunteer ambulance
26 worker has been lost permanently and totally as the result of the inju-
27 ry. The loss of both hands, or both arms, or both feet, or both legs, or
28 both eyes, or any two thereof, shall, in the absence of conclusive proof
29 to the contrary, constitute permanent total disability, but in all other
30 cases permanent total disability shall be determined in accordance with
31 the facts. Notwithstanding any other provisions of this chapter, an
32 injured volunteer ambulance worker disabled due to the loss or total
33 loss of use of both eyes, or both hands, or both arms, or both feet, or
34 both legs, or any two thereof shall not suffer any diminution of such
35 weekly benefit by engaging in business or employment provided [his or
36 her] such volunteer ambulance worker weekly earnings or wages, when
37 combined with [his] their weekly benefit shall not be in excess of eight
38 hundred dollars; and further provided that the application of this
39 section shall not result in reduction of benefits which an injured
40 volunteer ambulance worker who is disabled due to the loss or total loss
41 of use of both eyes, or both hands, or both arms, or both feet, or both
42 legs, or any two thereof would otherwise be entitled to under any other
43 provisions of this article.
44 § 5. Section 9 of the volunteer ambulance workers' benefit law, as
45 amended by chapter 523 of the laws of 2021, is amended to read as
46 follows:
47 § 9. Temporary total disability benefits. In the case of temporary
48 total disability the volunteer ambulance worker shall be paid three
49 hundred dollars for each week during the continuance thereof; provided,
50 however, that when the volunteer ambulance worker is injured in the line
51 of duty on or after the effective date of this chapter to June thirti-
52 eth, nineteen hundred ninety; further provided, that when the volunteer
53 ambulance worker is injured in the line of duty on or after July first,
54 nineteen hundred ninety to June thirtieth, nineteen hundred ninety-one,
55 said ambulance worker shall receive three hundred forty dollars per week
56 during the continuance thereof, and further provided, that when a volun-
A. 1849 6
1 teer ambulance worker is injured in the line of duty on or after July
2 first, nineteen hundred ninety-one to June thirtieth, nineteen hundred
3 ninety-two, said ambulance worker shall receive three hundred fifty
4 dollars per week during the continuance thereof; provided further that
5 when a volunteer ambulance worker is injured in the line of duty on or
6 after July first, nineteen hundred ninety-two to June thirtieth, two
7 thousand twenty-one, such ambulance worker shall be paid four hundred
8 dollars for each week during the continuance thereof; provided further
9 that when a volunteer ambulance worker is injured in the line of duty on
10 or after July first, two thousand twenty-one to June thirtieth, two
11 thousand twenty-six such ambulance worker shall be paid six hundred
12 fifty dollars for each week during the continuance thereof; provided
13 further that when a volunteer ambulance worker is injured in the line of
14 duty on or after July first, two thousand twenty-six such ambulance
15 worker shall be paid nine hundred dollars for each week during the
16 continuance thereof. Temporary total disability, within the meaning of
17 this section, shall exist only if the earning capacity of the volunteer
18 ambulance worker has been lost temporarily and totally as the result of
19 the injury. In case of temporary total disability and permanent partial
20 disability both resulting from the same injury, if the temporary total
21 disability continues for a longer period than the number of weeks set
22 forth in the following schedule, the period of temporary total disabili-
23 ty in excess of such number of weeks shall be added to the period
24 provided in section ten of this chapter: arm, thirty-two weeks; leg,
25 forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, twen-
26 ty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first
27 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve
28 weeks; third finger, eight weeks, fourth finger, eight weeks; toe other
29 than great toe, eight weeks. In any case resulting in loss or partial
30 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe,
31 where the temporary total disability does not extend beyond the periods
32 above mentioned for such injury, benefits shall be limited to the sched-
33 ule contained in section ten of this chapter.
34 § 6. The opening paragraph and paragraph g of subdivision 1 of section
35 10 of the volunteer ambulance workers' benefit law, the opening para-
36 graph as amended by chapter 21 of the laws of 1991, paragraph g as
37 amended by chapter 604 of the laws of 1989 and subparagraphs 1 and 2 of
38 paragraph g as amended by chapter 924 of the laws of 1990, are amended
39 to read as follows:
40 In the case of disability partial in character, but permanent in qual-
41 ity, the volunteer ambulance worker, injured in the line of duty shall
42 be paid one hundred fifty dollars for each week for the period specified
43 in this subdivision, provided, however, that when the volunteer ambu-
44 lance worker is injured in the line of duty on or after the effective
45 date of this chapter to and including June thirtieth, nineteen hundred
46 ninety, and provided further that when the volunteer ambulance worker is
47 injured in the line of duty on or after July first, nineteen hundred
48 ninety to and including June thirtieth, nineteen hundred ninety-one such
49 payments shall be two hundred eighty dollars for each week, and provided
50 further that when the volunteer ambulance worker is injured in the line
51 of duty on or after July first, nineteen hundred ninety-one to and
52 including June thirtieth, nineteen hundred ninety-two such payments
53 shall be three hundred fifty dollars for each week; and provided further
54 that when the volunteer ambulance worker is injured in the line of duty
55 on or after July first, nineteen hundred ninety-two such payments shall
56 be four hundred dollars for each week; and provided further that when
A. 1849 7
1 the volunteer ambulance worker is injured in the line of duty on or
2 after July first, two thousand twenty-six such payments shall be nine
3 hundred dollars for each week as follows:
4 g. Other cases. In all other cases of permanent partial disability the
5 volunteer ambulance worker shall be paid for each week, during the
6 continuance thereof, as follows:
7 (1) If the percentage of loss of earning capacity is seventy-five per
8 centum, or greater, [he or she] such volunteer ambulance worker shall be
9 paid one hundred fifty dollars for each week, provided, however, that
10 the volunteer ambulance worker is injured in the line of duty on or
11 after the effective date of this chapter to and including June thirti-
12 eth, nineteen hundred ninety, provided, however, that when the volunteer
13 ambulance worker is injured in the line of duty on or after July first,
14 nineteen hundred ninety to and including June thirtieth, nineteen
15 hundred ninety-one such payment shall be two hundred eighty dollars for
16 each week, and provided further that when the volunteer ambulance worker
17 is injured in the line of duty on or after July first, nineteen hundred
18 ninety-one to and including June thirtieth, nineteen hundred ninety-two
19 such payment shall be three hundred fifty dollars for each week; and
20 provided further that when the volunteer ambulance worker is injured in
21 the line of duty on or after July first, nineteen hundred ninety-two
22 such payments shall be four hundred dollars for each week; and provided
23 further that when the volunteer ambulance worker is injured in the line
24 of duty on or after July first, two thousand twenty-six, such payments
25 shall be nine hundred dollars for each week.
26 (2) If the percentage of loss of earning capacity is fifty per centum,
27 or greater, but less than seventy-five per centum, [he or she] such
28 volunteer ambulance worker shall be paid one hundred dollars for each
29 week, provided, however, that the volunteer ambulance worker is injured
30 in the line of duty on or after the effective date of this chapter to
31 and including June thirtieth, nineteen hundred ninety, provided, howev-
32 er, that when the volunteer ambulance worker is injured in the line of
33 duty on or after July first, nineteen hundred ninety to and including
34 June thirtieth, nineteen hundred ninety-one, such payment shall be one
35 hundred eighty-six dollars and seventy-six cents for each week,
36 provided, however, that when the volunteer ambulance worker is injured
37 in the line of duty on or after July first, nineteen hundred ninety-one
38 to and including June thirtieth, nineteen hundred ninety-two, such
39 payment shall be two hundred thirty-four dollars and fifty cents for
40 each week; provided, however, that when the volunteer ambulance worker
41 is injured in the line of duty on or after July first, nineteen hundred
42 ninety-two, such payment shall be two hundred sixty-eight dollars for
43 each week; provided, however, that when the volunteer ambulance worker
44 is injured in the line of duty on or after July first, two thousand
45 twenty-six, such payment shall be five hundred thirty-six dollars for
46 each week.
47 (3) If the percentage of loss of earning capacity is twenty-five
48 percentum, or greater, but less than fifty per centum, [he or she] such
49 volunteer ambulance worker shall be paid [thirty] two hundred dollars
50 for each week.
51 (4) If the percentage of loss of earning capacity is less than twen-
52 ty-five per centum, [he or she] such volunteer ambulance worker shall
53 [not] be paid [any weekly benefit] fifty dollars per week.
54 Permanent partial disability, within the meaning of this paragraph,
55 shall exist only if the earning capacity of the volunteer ambulance
56 worker has been permanently and partially lost as the result of the
A. 1849 8
1 injury. The workers' compensation board shall determine the degree of
2 such disability and such board may reconsider such degree on its own
3 motion or upon application of any party in interest.
4 § 7. This act shall take effect immediately.
