VFBL Benefits for Firefighters Offering Assistance Outside Their Jurisdiction

In December, Governor Andrew Cuomo signed into law a new statute that extends VFBL and VAWBL benefits to firefighters and ambulance workers who are injured while offering assistance outside their jurisdiction prior to the authority having jurisdiction arriving on the scene.

Previously, the benefits were only provided if the responder had gone to the incident commander and offered assistance and the offer was accepted. The new law is designed to ensure that a first responder who comes upon an incident prior to the local department arriving, or perhaps even being notified, and is injured while rendering assistance to the injured or to the homeowner whose house is on fire is covered. Once an officer of the AHJ arrives, the person offering assistance must report to the commander and offer assistance; if it is not accepted, he/she must cease.

The new law takes effect in the middle of June; however, action by each fire district or municipality is necessary in order to ensure that your members are covered. The district or municipality must adopt a resolution stating that they will provide VFBL or VAWBL coverage for their members providing assistance outside of their jurisdiction.

The following is a sample resolution provided by the Fire Districts of New York Mutual Insurance Company.

It is the intent of this resolution to make available the coverage provided by General Municipal Law Section 209-i1-b.

Whenever a volunteer firefighter of the ____________________ Fire District provides services under General Municipal Law Section 209-i when there is no jurisdictional officer in command present, such volunteer firefighter shall be entitled to coverage under the VFBL coverage provided by the ____________________ Fire District for the provision of such services. Upon the arrival of a jurisdictional officer in command, such volunteer firefighter shall report to such officer and offer his/her services to assist such fire company or fire department. If such offer of assistance is not accepted, then the volunteer firefighter of the ____________________ Fire District must immediately cease providing any additional service at the scene of the emergency.