Firefighters perform one of the most essential public safety jobs in our communities. Obviously, as evidenced by their name they are "volunteers". As paid firefighters exist mostly in larger cities, volunteer firefighters provide a service that is both underappreciated and essential to the health and safety of most of our communities.
To recognize the dangers of the job they perform and to ensure that firefighters are properly compensated if they are injured or die while performing those tasks, the Volunteer Firefighters' Law was enacted. This law mirrors the Workers' Compensation Law in most aspects but has some significant differences as well. The biggest difference is that the earnings of the Volunteer Firefighters are irrelevant in determining awards.
Death Benefits for Surviving Spouse
In the case of a death of a volunteer firefighter which occurs during the performance of their firematic duties, the surviving spouse and family of that firefighter are entitled to death benefits. Those benefits are provided for under §7 of the Volunteer Firefighters' Benefit Law also known as the Lieutenant Michael E. Neuner/Timothy Goff Memorial Death Benefit Program. The provision of §7 provides that funeral expenses will be covered. In addition, the surviving spouse of the deceased firefighter will receive a lump sum benefit of $56,000.00. In addition, the surviving spouse and family will receive a weekly benefit of $887.00. That weekly benefit continues for the life of the surviving spouse unless the spouse should remarry. Then there is a remarriage award.
Often, the death of the volunteer firefighter results from a cardiac event. If it can be shown that the coronary (or vascular) event resulted from the volunteer firefighter's firematic duties, then that death will be compensable and the surviving spouse will receive the benefits as outlined above. As these can be difficult cases, however, they should never be undertaken without the benefit of an experienced workers' compensation attorney.