New Jersey Court Rules on Workers Compensation for Volunteer Firefighters
Jul 29, 2019
Pennsauken, NJ (Law Firm Newswire) July 29, 2019 – The New Jersey state Supreme Court ruled recently that volunteer firefighters and other emergency service personnel are entitled to the maximum allowed amount of workers compensation benefits if they are injured on the job, regardless of whether they hold other paying employment.
The case involves a Bridgewater, New Jersey volunteer firefighter Jennifer Kocanowski, who was injured in 2015 at the site of a fire she was helping put out. Kocanowski was carrying heavy equipment when she slipped on ice and suffered broken bones, torn ligaments and nerve damage in her back, leg and foot. She had two surgeries, physical therapy and has been left in daily pain. She also no longer can drive more than short distances.
Kocanowski had previously held paying jobs while also volunteering with the fire department but, when she was injured, she was otherwise unemployed. Nine months after her fall, she filed for the maximum temporary disability payment amount, $855 per week. The township for which she was volunteering denied her application and a judge upheld this decision using case law which stated that temporary disability payments are meant to be a wage replacement. If a person has no wages, they are not entitled to disability.
The New Jersey Supreme Court, however, disagreed and ruled unanimously to change that. The decision stated that the Court interpreted the law liberally in order to provide more protections for volunteer firefighters and emergency workers, who are an integral part of communities across the state, many of which do not have a paid fire department.
“Volunteer emergency work is one of the most admirable things someone can choose to do,” says Scott M. Goldberg, senior litigator at Petrillo & Goldberg Law. “Offering these individuals protection in the form of disability payments after an injury sustained in the line of duty is important.”
Opponents of the ruling claim that it will add excessive costs to municipal budgets. The ruling applies to the more than 30,000 volunteer emergency workers in the state.
Kocanowski will receive the disability compensation she applied for retroactively.
Petrillo & Goldberg Law
6951 North Park Drive
Pennsauken, NJ 08109
19 South 21st Street
Philadelphia, PA 19103
70 South Broad Street
Woodbury, NJ 08096
Phone: 856-486-4343
Fax: 856:486-7979
- Workers’ compensation for worker who contracted Legionnaires’ Disease
A Pennsylvania court ruled that a man who became disabled after developing Legionnaires’ Disease, is entitled to workers’ compensation and medical benefits. Shawn Gillen said he contracted Legionnaires’ Disease as a result of exposure to contaminated water while he was performing his job responsibilities at Nestle USA Inc. According to court records, Gillen was stationed […] - Settlement of labor law accusations against six South Jersey gas stations
According to their U.S. Labor Department, the proprietors of six South Jersey gas stations will pay over $460,000 to employees who worked 70 hours per week for an amount below the minimum wage, and received no compensation for overtime. USA Gas station owners Prabhit Singh and Harbir Piar were alleged to have violated the department’s […] - Governor Christie says he will approve back pay for furloughed workers during government shutdown
New Jersey Governor Chris Christie said he would approve legislation to restore compensation for workers who were laid off when the state government was shut down. This marked the second shutdown in the history of the state. A representative from his office said he does not possess the authority to do this on his own. […] - Long wait for survivor benefits for the spouse of volunteer
Following the death of Scott Danielson, a member of the Lakeland Ambulance Squad and Andover Borough Councilman, his wife was left with a number of financial setbacks. Although it has been a year and a half since her husband’s death, she has yet to receive survivor benefits from the state. Shortly after her husband’s death, […] - Settlement in retaliation suit grants city employee $75K
A city worker who claimed he was demoted and terminated after filing two workers’ compensation claims for injuries sustained at work has settled his lawsuit against Galloway for $75,000. Frank Chamberlain stated he received negative reviews from his supervisors and many disciplinary notices after he filed the second workers’ compensation claim in 2011. The suit […]
