A recent incident in Milford, CT led to an off-duty firefighter coming to the rescue of a driver who had hit a tree and had the car rollover. The off-duty firefighter arrived on the scene, helped the driver and then left the scene so those firefighters who were on-duty could complete the task of getting the driver the help that they needed. The firefighter who was off-duty was not hurt in the situation, but what if he had been? Could he have filed a Connecticut workers’ compensation claim for the injuries he sustained?
The short answer to this question is, yes. If a firefighter is injured when off-duty, but while performing duties to aid in the event of an emergency she/he may be eligible to file a claim. This protection allows firefighters to respond to emergencies without fear of injury while they are off-duty so they can provide the services that they are relied upon for when someone is at risk.
In Connecticut the statute reads as follows; “any firefighter who sustains a personal injury while engaged in the performance of his official duties, or while responding to a fire alarm or other emergency call, shall be entitled to receive benefits under this chapter.”
If a firefighter is off-duty at the time of an emergency or an accident and she/he jumps into action to help those who are involved in the incident and then become injured as a result of their actions, she/he should file a claim with the Connecticut Firefighter’s Fund within 90 days of the incident. When a situation like this arises, the firefighter should be prepared to provide the Firefighter’s Fund with a report from the doctor who was responsible for aiding the firefighter in the treatment of the injury which details the severity of the injury.
Once a report is filed the process moves forward with an investigation by the Firefighter’s Fund which will determine the firefighter’s eligibility for benefits which may include a lump sum payment to cover medical expenses and lost wages. The firefighter may also be compensated for on-going disability that may have resulted from the accident or emergency response.
The Connecticut Firefighter’s Fund is a no-fault system which means that in order to receive benefits the firefighter does not need to prove that someone was at fault for the accident. The one thing that does need to be proven is that the firefighter was acting within the duties of his official job or coming to the aid of someone who was involved in an actual accident or emergency.
While the Connecticut Firefighter’s Fund does not fall under the traditional Connecticut workers’ compensation commission, you may need to speak with someone about your injury and your rights. Contact our office and one of our experienced attorneys will speak with you and work on your behalf to protect your long-term interests.
