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.