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New York’s Firefighter Law New York’s Firefighter Law protects firefighters who are injured in the line of duty as a direct or even an indirect result of a violation of law by other persons or corporations. This law was specifically enacted for the benefit of firefighters who may become injured in the line of duty, for example, as a result of a building code violation, a violation of traffic laws, or violations of other regulations. The partners at Schlemmer & Maniatis, LLP have obtained millions of dollars in the past for their injured Firefighter clients under New York’s Firefighter Law. This law applies to any injury sustained by a Firefighter while performing any firefighter duty at any time or place, as a result of a violation of the law, and requires the responsible party to pay the injured firefighter "not less than ten thousand dollars." The language of New York’s Firefighter Law (General Municipal Law ¤ 205-a) specifically states: General Municipal Law § 205-a. Additional Right of Action of Certain Injured or Representatives of Certain Deceased Firefighters 1. In addition to any other right of action or recovery under any other provision of law, in the event any accident, causing injury, death or a disease which results in death, occurs directly or indirectly as a result of any neglect, omission, willful or culpable negligence of any person or persons in failing to comply with the requirements of any of the statutes, ordinances, rules, orders and requirements of the federal, state, county, village, town or city governments or of any and all their departments, divisions and bureaus, the person or persons guilty of said neglect, omission, willful or culpable negligence at the time of such injury or death shall be liable to pay any officer, member, agent or employee of any fire department injured, or whose life may be lost while in the discharge or performance at any time or place of any duty imposed by the fire commissioner, fire chief or other superior officer of the fire department, or to pay to the wife and children, or to pay to the parents, or to pay to the brothers and sisters, being the surviving heirs-at-law of any deceased person thus having lost his life, a sum of money, in case of injury to person, not less than ten thousand dollars, and in such case of death not less than forty thousand dollars, such liability to be determined and such sums recovered in an action to be instituted by any person injured or the family or relatives of any person killed as aforesaid. (Emphasis added) |
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New Jersey Firefighters and the First Responder’s Law The New Jersey Supreme Court issued a landmark decision on March 13, 2007, Ruiz v. Mero, in which it clarified New Jersey’s so-called "First Responders Law" (N.J.S.A. 2A:62A-21) which permits a right of recovery for firefighters who are injured in the line of duty either directly or indirectly by the negligence of others. This law is extremely useful for obtaining compensation for injured firefighters and their families. The protections afforded by this law are virtually identical to New York’s Firefighter’s law, through which the members of our firm have assisted many firefighters and their families over the years in receiving full and fair compensation for their line of duty injuries. Schlemmer & Maniatis LLP received national recognition for their representation of Firefighter Isaac Feliciano in his quest to become a Paterson Firefighter. Originally, Isaac’s candidacy as a Firefighter was rejected in June 2006 by a medical examiner whom upon seeing Mr. Feliciano’s prosthetic leg decided the amputee did not meet criteria to be a firefighter. After being contacted by both Isaac and the Amputee Coalition of America following the rejection, Schlemmer & Maniatis, LLP went to work. Schlemmer & Maniatis LLP successfully argued Isaac’s appeal before New Jersey Department of Personnel at the Newark School of Medicine. They argued that there were no facts to support the opinion that Isaac could not sustain the labors and duties of firefighter, and that the medical examiners opinions were based only on unfounded and discriminatory assumptions. From the outset, it was evident that Isaac had the full support the Members and Officers of the Paterson Fire Department. Representing Firefighters is something the members of Schlemmer & Maniatis LLP are very proud of and take very seriously. Knowing Isaac had the support of those he would stand next to in the field and risk his life with was an integral part of the case from the beginning. In fact, the Appeal was successful due to not only strong legal arguments and press coverage, but the strong show of support from all of the Firefighters and Officers of the Paterson Fire Department. If you have a question regarding New Jersey’s "First Responders Law" or a case involving a traumatic amputation, please contact us. |
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