How Insurance Companies Handle Firefighters’ Rule Exception Claims

If you’re a firefighter or another emergency responder in New York, you might have heard or read about the Firefighters’ Rule, which is a legal principle that can restrict your ability to file a lawsuit for injuries you get while responding to emergencies. But there are cases in which the Firefighters’ Rule Exception applies, allowing injured first responders to seek compensation. It’s crucial to understand how insurance companies deal with these claims to safeguard your rights.

What Is the Firefighters’ Rule Exception?

The Firefighters’ Rule usually prevents firefighters and other emergency responders from suing for injuries that arise from the very hazards they’re trained to handle. For instance, if a firefighter slips on a wet floor while putting out a fire, they generally can’t sue the property owner for negligence.

However, the exception applies when factors outside the normal risks of firefighting, such as poor building maintenance, defective equipment, or intentional actions by a property owner, cause the injury. In such situations, a firefighter might have a valid reason to file a personal injury claim. This is known as the Firefighters’ Rule Exception (NYS General Municipal Law section 205-a)

How Insurance Companies Approach These Claims

Insurance companies know all about the Firefighters’ Rule and its exceptions. When handling claims involving the Firefighter’s Rule exception, their main aim is to keep payouts low, so they scrutinize these claims very carefully. Here’s how they typically manage them:

Detailed Investigation

When a claim is made under the exception, insurance adjusters carry out a thorough investigation. They review the incident report, speak with witnesses, and look for any safety violations or signs of negligence. Their goal is to determine whether the injury genuinely falls outside the usual risks covered by the Firefighters’ Rule.

Assessing Liability

Insurance companies assess whether the property owner or another at-fault party is responsible. Insurance companies often argue that the injury was just a regular occupational risk. They might attempt to reduce liability by claiming the firefighter assumed that risk themselves.

Valuing the Claim

Once the insurance adjuster accepts that the exception might apply, they start determining how much the claim is worth. Compensation might cover medical expenses, lost income, pain and suffering, and any long-term disabilities. Initially, insurance companies might make low settlement offers, hoping the firefighter will accept less than they deserve. It’s advisable that you don’t accept an offer before speaking to an attorney.

Negotiation and Settlement

Most claims are resolved through negotiation. Experienced attorneys can point to evidence showing the injury was due to negligence rather than the usual job risks. Insurance companies often respond with counteroffers after receiving a demand letter, but effective negotiation can lead to fair compensation.

Litigation if Necessary

If a fair settlement isn’t possible, the claim might end up in court. Judges in New York take into account both the Firefighters’ Rule and its exceptions. They look at whether the injury was reasonably foreseeable and whether it falls outside the risks the firefighter was trained to manage.

If you’re considering a claim under the Firefighters’ Rule Exception, it’s crucial to be proactive. Keep thorough records of the incident, medical treatment, and any other relevant information. Seek legal advice early from an attorney experienced in these cases.

Contact Us for Legal Help

If you’ve been injured on the job as a firefighter or another emergency responder due to negligence, contact a Long Island first responder lawyer at Jacobson Law for help protecting your rights and securing the compensation you deserve.

Source:

nysenate.gov/legislation/laws/GMU/205