According to the U.S. Fire Administration, 75% percent of New Jersey fire departments are comprised of volunteers. Just like career firefighters, injuries to volunteer firefighters on the fire scene, at the firehouse, or during fundraising efforts, can be compensable. It has been New Jersey’s legislative intent that volunteer firefighters have access to the medical and temporary disability benefits they deserve in the case of injury or death. The New Jersey Supreme Court has upheld this intent and expanded the protections to volunteer firefighters in authorizing the maximum rate of compensation for volunteers, regardless of their outside employment status.

In 2019, the New Jersey Supreme Court recognized the importance of volunteer firefighters in New Jersey and that the legislature’s intent is to protect them with expanding benefits through the New Jersey Workers’ Compensation Act. See, Kocanowski v. Tp. of Bridgewater, 237 N.J. 3 (2019).

In Kocanowski, the Petitioner was an unemployed, volunteer firefighter when she slipped on ice, carrying equipment at the scene of an emergency call. She had previously worked as a nanny and home health aide, but had stopped to assist her ill father and then her mother after her father had passed away. She had also taken a leave of absence from the volunteer fire department, but she returned shortly before the incident occurred. She sustained significant injuries and as a result, she was unable to go back to work or volunteer. The Petitioner filed a claim petition with the New Jersey Workers’ Compensation Court and then a motion seeking temporary disability benefits.

The compensation court, in denying her motion for benefits, considered N.J.S.A. 34:15-75¹ and interpreted the statute to read that the Petitioner was required to have outside employment to be entitled to temporary disability benefits. The Appellate Division, affirming the decision, agreed.

In reversing, the New Jersey Supreme Court held that volunteer firefighters are entitled to the maximum rate of compensation regardless of their employment status at the time of the incident. In particular, the Court emphasized the language and context of the New Jersey Workers’ Compensation Act and the legislative history in protecting municipal volunteers. Writing for the Court, Justice Timpone noted that the purpose of the Act is to protect this special class of municipal volunteers, not deny them benefits simply because they were unemployed.

“Volunteer firefighters have long held an important role in New Jersey. The Legislature has long sought to encourage that role by providing certain protections and exemptions for volunteer firefighters,” Justice Timpone wrote in his opinion.

This decision highlights how the New Jersey Courts and Legislature ensure the protection of those who serve and protect on their own time, outside of their everyday careers. Injured New Jersey volunteer firefighters can be entitled to the maximum rate of compensation whether or not they had outside employment. For example, if an individual in 2024, who is unemployed, is injured while performing his or her duties as a volunteer firefighter and cannot return to work, he or she can be entitled to temporary disability benefits at the maximum rate of $1,131.00 per week.

If you or someone you know is a volunteer firefighter who has been injured while performing his or her duties as a volunteer, the workers’ compensation team at Epstein Ostrove, LLC are here to assist you in getting the medical treatment and benefits you deserve.

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¹ N.J.S.A. 34:15-75 provides compensation for injuries or death to particular municipal volunteers, including volunteer firefighters and first aid volunteers.