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| Alabama |
Coverage for volunteer firefighters is not mandated. Local jurisdictions may elect to provide coverage.
Contact: Workers Compensation, Alabama Department of Industrial Relations, 646 Monroe Street, Montgomery, AL 36131. Phone: (334) 353-0990 or (800) 528-5166. www.dir.state.al.us/wc. |
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| Alaska |
Workers Compensation:
A political subdivision may elect to provide benefits and compensation to its volunteer firefighters. It must obtain insurance that would provide benefits and compensation at least equivalent to those provided by the state. If a volunteer firefighter is injured in the line of duty, the computation shall be based on the minimum gross weekly earnings paid a fulltime firefighter employed in the political subdivision where the injury occurred or other similar formula. It must be equal to or greater than the minimum wage computed on the basis of a 40-hour week. The benefit to spouse and/or children totals 80% of fulltime firefighter's spendable earnings. Benefits are subject to Social Security offset and employer pension or profit-sharing plan. Upon remarriage spouse receives two-year lump sum and benefits terminate. Benefits to spouse end 10 years after firefighter's death unless spouse has reached age 52 or is permanently and totally disabled. Children are eligible until age 19 or married; full-time students receive benefits regardless of age, for first four years following the firefighter's death. A $2,000 disability and death fund has also been established for Alaskan firefighters.
Contact: Alaska Division of Workers' Compensation, P.O. Box 115512, Juneau, AK 99811. Phone: (907) 465-2790. www.labor.state.ak.us/wc/ |
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| Arizona |
Regular members of volunteer and municipal or county fire departments, either without pay or with full pay on a part-time basis, are deemed to be employees. However, the basis of computing wages for premium payments and compensation benefits shall be equal to the beginning salary of the same rank or grade in the full-time service within the area.
Benefit for spouse with no children is 2/3 of average monthly wage of firefighter until death or remarriage; for spouse with children, 35% until death or remarriage. Remarriage terminates spousal benefit but it can be reinstated for a remarried spouse who becomes single again. Spouse receives two years? compensation in one lump sum upon remarriage. Children receive 31 2/3% of average monthly wage divided among them equally until age 18 or married, longer if disabled and incapable of self-support and until age 22 if full-time student. Contact the Industrial Commission for further information on specific family situations. Law specifies rules for compensation in other situations, including recent changes in presumption that firefighter deaths and disabilities from certain cancers are the result of occupation and employment. Law also specifies that any firefighter injured or killed while traveling to or from work shall be considered in the course and scope of employment solely for the purposes of eligibility for workers' compensation benefits.
Contact: Industrial Commission. 800 W. Washington St., Phoenix, AZ 85007. Phone: (602) 542-4661. www.ica.state.az.us. |
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| Arkansas |
Volunteers are deemed county employees so survivors receive minimum level compensation. Survivors also receive death benefits in same manner as regular employees.
Contact: Workers' Compensation Commission. PO Box 950, 324 Spring Street, Little Rock, AR 72203-0950. Phone: (501) 682-3930 or (800) 622-4472. www.awcc.state.ar.us |
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| California |
Each member registered as an active firefighter of any regularly organized volunteer fire department having official recognition and full or partial support of its local government is considered an employee for purposes of workers? compensation. This entitles eligible volunteer firefighters to receive compensation from the local government. If a volunteer firefighter dies while performing duties, then, irrespective of remuneration from this or other employment or from both, the average earnings shall be taken as the maximums fixed for each. This amount is then used to compute the actual benefit, which depends on the number of dependents. Current benefits for one dependent are $125,000; for three or more dependents it is $160,000. Effective January 1, 2006, the range increases from $250,000 for one total dependent to a maximum of $320,000 for three or more dependents. Payments are provided in installments or lump sum.
Contact: California Department of Workers' Compensation. 455 Golden Gate Ave., 2nd Floor, PO Box 429003, San Francisco, CA 94102. Phone: (415) 703-5011. |
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| Colorado |
Employee definition includes all members of volunteer fire departments while they are performing duties as a volunteer and while engaged in organized drills, training, and practice necessary to perform their duties. The rate of compensation of persons accidentally killed or injured while serving as a volunteer firefighter shall be at the maximum rate. Benefit is 2/3 of the maximum rate at time of death. Benefits subject to Social Security benefit offsets. Two-year lump sum payable on remarriage, after which benefits cease. Children compensated until age 18, or longer if disabled and incapable of self-support or until age 21 if full-time students.
Contact: Colorado Division of Workers' Compensation, 633 17th Street, Suite 400, Denver, CO 80202. Phone: (303) 318-8700 or 1-888-390-7936. www.coworkforce.com |
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| Connecticut |
Active members of volunteer fire departments are considered employees of the municipality the department is in and shall be compensated according to state workers' compensation law. If injured while engaged in fire duties, any active volunteer may collect benefits based on the salary of regular employment or the state average production wage, whichever is greater. 75% of this salary is payable to a spouse with children. Minimums and maximums apply, and there is an annual cost- of-living adjustment. Cumulative payments cannot exceed 100% of weekly earnings. Benefits will be offset by Social Security payments. Spouse eligible until remarriage; children until age 18, (22 if full-time student), or longer if disabled and incapable of self-support.
Contact: Workers' Compensation. Capitol Place, 21 Oak Street, Hartford, CT 06106. Phone: (860) 493-1500. http://wcc.state.ct.us |
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| Delaware |
Benefit is 2/3 of the firefighter's wages from regular employment for spouses and 80% for a spouse and children. Spouse receives a two-year lump sum upon remarriage and weekly benefits cease. Children are eligible until age 18 or age 25 if full-time students.
Contact: Industrial Accident Board, Division of Industrial Affairs, Dept. of Labor, Office of the Secretary. Post Office Box 9954, Wilmington, DE 19809-9954. Phone: (302)761-8200. |
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| Florida |
Benefit is 50% of average weekly wage from regular employment to spouse, and an additional 16 2/3% if there are dependent children. Spouse receives lump sum compensation equal to 26 weeks upon remarriage and weekly benefits cease. Children receive benefit longer if disabled and incapable of self-support and until age 22 if full-time students. Definition of employment includes volunteer firefighters responding to or assisting with fire or medical emergencies whether or not the firefighters are on duty.
Contact: Division of Workers Compensation, 200 East Gaines Street, Tallahassee, FL 32399-0300. Phone: (850) 413-1601. |
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| Georgia |
Volunteer firefighters are eligible only if the local governing authority provides coverage for them. For those who are eligible, 2/3 of their average weekly wages goes to designated beneficiary; minimum and maximum amounts apply. A spouse with no children is limited to a total amount of $125,000; benefits end if spouse remarries. Weekly benefits are payable for a maximum of 400 weeks from the date of injury.
Contact: State Board of Workers' Compensation. 270 Peachtree Street, NW, Atlanta, GA 30303-1299. Phone: (404) 656-3875 or (800) 533-0682. |
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| Hawaii |
None. |
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| Idaho |
Spousal benefit is 45% of volunteer's average weekly wages in regular employment or a maximum of 60% if spouse has children. Upon remarriage, spouse receives 180 weeks of compensation or balance of 500 weeks, whichever is less.
Contact: Idaho State Industrial Commission. 317 Main Street, PO Box 83720, Boise, ID 83720-0041. Phone: (208) 334-6000 or (800) 950-2110. www.iic.idaho.gov |
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| Illinois |
All first-aid, medical, and hospital expenses connected with fatal injury are paid. Benefit of 2/3 of deceased's average weekly wage in their regular employment continues until spouse is compensated for 20 years or total compensation reached $250,000, whichever is greater; children attain age 18 and leave school; children attain age 23 if attending an accredited educational institution; dependency ends for any other dependents. Payments to spouse end at remarriage with a 3-year cash settlement
Contact: Illinois Industrial Commission. 701 S. Second St., Springfield, IL 62704. Phone: (217) 785-7084. |
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| Indiana |
Those persons working in a voluntary capacity for a volunteer fire department or ambulance company must be covered by the medical treatment and burial expense provisions of the Workers? Compensation and Occupational Disease Laws. Lost wages and impairment are not covered.
Contact: Worker?s Compensation Board of Indiana. 402 W. Washington Street, Room W196, Indianapolis, IN 46204. Phone: (317) 232-3809 or (800) 824-2667. www.in.gov/workcomp. |
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| Iowa |
Computation is based on what the firefighter would have received if injured in the normal cause of regular employment or an amount equal to 140% of state average weekly wage, whichever is greater. Benefit is 80% of this amount for surviving spouse or spouse with children. Spouse receives two-year lump sum amount upon remarriage if there are no children. Children receive benefits until age 18 or longer if disabled and incapable of self-support, or until 25 if they are full-time students. Workman's Compensation Insurance is a requirement. Workman's Compensation carriers may befgin requiring physicals for firefighters in the State of Iowa.
Contact: Iowa Division of Workers' Compensation. 430 East Grand Avenue, Des Moines, IA 50309-1920. Phone: (515) 281-9619. www.iowaworkforce.org. |
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| Kansas |
Compensation is based on usual wages paid to employees for similar services. Weekly benefits are 66.67% of the usual weekly wage. Total compensation may not exceed $250,000 unless there are dependent children. All medical and hospital costs related to the fatal injury are covered. Initial payment of $40,000 is made immediately to the surviving legal spouse or wholly dependent children or divided among them with 50% to the spouse and 50% to the children. Children are eligible until age 18, to age 23 if full-time students, or longer if disabled and incapable of self-support.
Contact: Kansas Division of Workers' Compensation, Department of Human Resources. 800 SW Jackson St., Suite 600, Topeka, KS 66612-1227. Phone: (785) 296-2996 or (800) 332-0353. www2.hr.state.ks.us/wc/html/wc.htm. |
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| Kentucky |
Income benefits based upon the average weekly wage in volunteer's regular employment. If volunteer firefighter?s death results from a work-related injury, spouse receives $54,809 as of 2002. The amount is determined by the date of injury, not the date of death. This benefit is adjusted annually and includes burial expenses. Spouse and certain dependents also are entitled to an income benefit. Benefit is the average weekly wage from regular employment to surviving spouse with no children. Spouse receives 2-year lump sum upon remarriage with cessation of weekly benefits. Benefit is 45% of average weekly wage to spouse with children and additional 15% for each child until the age of 18, or 22 if in college. Surviving children with no surviving parent eligible for other amounts. Other dependent family members eligible for other amounts.
Contact: Kentucky Workers' Compensation, Office of Workers' Claims. 657 Chamberlain Avenue, Frankfort, KY 40601. Phone: (502) 564-5550. http://labor.ky.gov/dwc |
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| Louisiana |
None |
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| Maine |
The benefit is 80% of after-tax average weekly wage for up to 500 weeks. Maximum amount applies. Act includes active members of volunteer fire associations as employees. The average weekly wage must be taken to be the earning capacity in the occupation in which the employee was regularly engaged.
Contact: Maine Workers' Compensation Board. 27 State House Station, Augusta, ME 04333. Phone: (207) 287-3751 or (888) 801-9087. |
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| Maryland |
Volunteers in specified counties only are covered as employees while "on duty." Whether or not a volunteer fire, rescue, or EMS Company member is a "covered employee" for purposes of the Maryland Workers Compensation law varies from county to county. Most Companies have policies that cover their members. Wages are computed based upon the wages employee received from other employment or, if not employed, by a set formula. For survivors of eligible workers, benefit is 2/3 of the employee's wages for spouse or spouse with children. Two-year lump-sum payable upon remarriage, and weekly benefits cease. Children receive benefits until age 18 or longer if disabled and incapable of self-support, or until 23 if full-time students. Compensation cannot exceed state's average weekly wage.
Contact: Workers' Compensation Commission. 10 East Baltimore Street, Baltimore, MD, 21202-1641. Phone: (410) 864-5100 or, in Maryland, call (800) 492-0479. www.wcc.state.md.us. |
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| Massachusetts |
Firefighters in Massachusetts are not covered by workers' compensation. State law instead provides that most permanently disabled volunteers are eligible for a disability pension equal to 2/3 of the local compensation for a career firefighter.
Contact: State Board of Retirement. Room 1219, One Ashburton Place, Boston, MA 02108-1607. Phone: (617) 367-7770 or (800) 392-6014. |
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| Michigan |
The benefit is 80% of the state average weekly wage at the time of injury for spouse or spouse with children under age 21. Weekly minimum and maximum amount is available for up to 500 weeks. The spousal benefit is terminated upon remarriage. If a firefighter is killed while safeguarding life or property outside his or her jurisdiction from damage due to an explosion, fire, or other disaster or in transport to the same, the surviving spouse and children are entitled to assistance. They shall receive $500 to defray burial expenses and compensation equivalent to the amount provided at the time of death under the worker's disability compensation act.
Contact: Bureau of Workers' Disability Compensation. PO Box 30016, 7150 Harris Drive, Lansing, MI 48909. Phone: (517) 322-1296 or (800) 638-3995. |
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| Minnesota |
The benefit covers all firefighters killed or disabled in the line-of-duty. Benefits for spouse with no children are 50% of wages earned by paid employees performing similar services at time of death. Benefits for spouse with two or more children are 2/3. Benefits for spouse with no children last for 10 years. For spouse with children, benefits continue 10 years after last child is no longer dependent. Unmarried children are eligible until age 18 or longer if disabled and incapable of self-support, or until age 25 if full-time student. Benefits are adjusted to reflect cost of living increases. Medical costs directly related to the injury are paid. Combined total of government benefits cannot exceed 100%. Spousal benefits continue after remarriage.
Contact: Workers' Compensation Division, State Department of Labor and Industry. 443 Lafayette Road North, St. Paul, MN 55155. Phone: (651) 284-5005 or (800) 342-5354. |
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| Mississippi |
Workers' compensation coverage is required if there are five or more workers. An immediate lump sum of $250 to spouse. If the firefighter received any compensation for services, their dependents are eligible for continuing compensation. A spouse with no children receives 35% of the average wages of the deceased. If there are surviving children, the spouse receives an additional 10% for each child. In case of spouse's remarriage or death, each surviving child shall receive 15% of wages. If there are surviving children but no spouse, each child receives 25% of the wages. None of the payments can exceed the weekly maximum set by statute. Total weekly compensation to beneficiaries for up to 450 weeks.
Contact: Mississippi Workers' Compensation Commission. PO Box 5300, 1428 Lakeland Drive, Jackson, MS 39216-5300. Phone: (601) 987-4200. www.mwcc.state.ms.us |
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| Missouri |
The benefit for a spouse or spouse and children is 2/3 of average weekly earnings from regular employment. There is a two-year lump-sum payable if the spouse remarries, and weekly benefits cease. Children are eligible until age 18 or longer if disabled and incapable of self-support, or age 22 if full-time student, or beyond age 23 if on active duty in the Armed Forces.
Contact: Division of Workers' Compensation, State Department of Labor and Industrial Relations. PO Box 58, 3315 W. Truman Blvd., Jefferson City, MO 65102. Phone: (573) 751-4231. |
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| Montana |
The trustees and/or governing body may elect to include any volunteer firefighter. A volunteer firefighter who receives workers' compensation coverage may not receive disability benefits. Benefit is 2/3 of employee's wage. The spouse receives the benefit for 500 weeks or until remarriage. Unmarried children receive benefits until age 18 or later if disabled, or until age 22 if full-time students or enrolled in an accredited apprenticeship program.
Contact: Montana Department of Labor and Industry. 1327 Lockey, PO Box 1728, Helena, MT 59624. Phone: (406) 444-2840. |
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| Nebraska |
The benefit is 2/3 of employee's wages from regular employment for spouse with no children, 75% for spouse with children living at home, and 55% for spouse with no children living at home. If the volunteer does not have regular employment, the benefit will be based on 1.5 times the maximum compensation rate for total disability. Minimum and maximum amounts apply and are adjusted annually. Children are considered dependents until age 19, age 25 if enrolled as a full-time student at an accredited educational institution, or longer if physically or mentally incapable of self-support. Upon remarriage, spouse receives two-year lump sum and benefits terminate.
Contact: Nebraska Workers' Compensation Court. State House, 13th Floor, PO Box 98908, Lincoln, NE 68509. Phone: (402) 471-6468 or (800) 599-5155 (in-state). www.nol.org/home/WC. |
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| Nevada |
For Workers' Compensation purposes, volunteers are treated as employees of the municipality with a monthly wage of $2,000 and entitled to benefits of that municipality. Benefit is 2/3 of this monthly wage. All medical bills are paid. Upon remarriage, spouse receives a two-year lump sum and benefits terminate. Unmarried children are considered dependent until age 18, age 22 if full-time students at an accredited vocational or educational institution, or longer if incapable of supporting themselves. If there is no spouse or children, dependent parents become eligible for limited benefits.
Contact: Nevada Workers' Compensation, 400 West King Street, Suite 400, Carson City, NV 89703. Phone: (775) 684-7260. dirweb.state.nv.us/iirs.htm. |
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| New Hampshire |
The spousal benefit is 60% of the state's average weekly wage. Children are considered dependent until age 18, age 25 if full-time student, or longer if incapable of self-support. Upon remarriage, the remaining benefit is paid to the legal guardian of the dependent children. If spouse and children are ineligible, benefits terminate.
Contact: Workers' Compensation Division, New Hampshire Department of Labor. 95 Pleasant Street, Concord, NH 03301. Phone: (603) 271-3177. www.labor.state.nh.us. |
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| New Jersey |
Benefit is 50% to 70% of average weekly wage, based on the number of dependents. Compensation is based on a weekly salary presumed to be received by the firefighter. The spouse receives the state's maximum benefit amount. Medical costs associated with the death are covered. Children are eligible for benefits until age 18, age 23 if a full-time student, or longer if disabled or incapable of self-support. The spouse receives benefits until death or remarriage. If remarriage occurs during the period covered by such weekly payments and before the total compensation is paid, the spouse is entitled to receive the remainder of compensation which would have been due had the spouse not remarried, or 100 times the amount of weekly compensation paid immediately preceding remarriage, whichever is less.
Contact: New Jersey Division of Workers' Compensation, NJ Department of Labor. PO Box 381, Trenton, NJ 08625-0381. Phone: (609) 292-2515 or (609) 292-2414. Fax: (609) 984-2515. www.nj.gov/labor/wc/wcindex.html. |
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| New Mexico |
None. |
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| New York |
Benefits are paid under the Volunteer Firefighters' Benefit Law. Volunteers are considered employees of the municipality for the purpose of Workers' Compensation. If the death occurred on or after July 1, 1992, a weekly benefit of $800 is paid to the surviving spouse with no dependent children. A surviving spouse with dependent children is entitled to smaller weekly cash benefits. Children are also entitled to weekly cash benefits. Upon remarriage, a spouse without dependent children is paid a lump sum ($83,200 as of FY 1992) and benefits terminate. A spouse with dependent children who remarries receives a smaller lump sum payment. Dependent children continue to receive weekly benefits when the spouse remarries.
Benefits are paid in approximate accord with the schedule of benefits for the States Worker Comp Law. Currently monthly benefits under WC are slightly higher than VFBL. Variations in benefits and coverage are found in the Volunteer Fire Benefit Law (VFBL) and Volunteer Ambulance Worker Law (VAWBL). Volunteers are considered employees for the purposes of VFBL/VAWBL. Benefit levels depend on when the injury or death occured.
Contact: New York State Workers' Compensation Board. 20 Park Street, Albany, NY 12207. Phone: (877) 632-4996. www.wcb.state.ny.us. |
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| North Carolina |
Departments are eligible for the purchase of workers' compensation. Benefit is based on the average weekly wage earned in the employment where the firefighter principally earned his/her income. Minimum compensation is 2/3 of maximum weekly benefit. Benefit is 2/3 of deceased employee's average weekly wage for 400 weeks. Maximum amount applies and is adjusted annually. Benefit is divided among those wholly dependent for support upon the earnings of the deceased. A spouse who was disabled at the time of firefighter's death receives lifetime benefit, unless remarriage occurs. Children are considered dependent until age 18.
Also, there exists a local relief fund for members of the North Carolina State Firemen's Association (NCSFA). This local relief fund was developed to safeguard any firefighters in active service from financial loss, ocassioned by sickness contracted or injury received while in the performance of his/her duties as a firefighter. Also, to provide reasonable support for those actually dependant upon the services of any firefighter who may lose his/her life inthe fire service of his/her town, city, or state. Firefighters can also apply for fraternal insurance: $30,000 for 30 and under to $2,000 for 61 and up. The NCSFA's Emergency Responder 1, plan 1, also provides benefits payments for line of duty actions ranging from Covered Injury Death Benefits to Bereavement Benefits.
Contact: North Carolina Industrial Commission, Workers' Compensation. 4340 Mail Service Center, Raleigh, NC 27699-4340. Phone: (919) 807-2500. www.comp.state.nc.us. |
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| North Dakota |
Volunteers are entitled to the same protection and rights as full-time, paid employees of municipalities. Benefits to spouse are based on wages received during regular employment. Benefit is 2/3 of employee's average weekly wages for spouse or spouse with children, plus an additional $10 per week for each dependent child. Minimum and maximum amounts apply. Spouse receives additional lump sum of $1,200 and $400 for each dependent child. Maximum payable total is $197,000. Children are considered dependent until age 18, age 23 if a full-time student, or longer if disabled or incapable of self-support. All medical bills acquired by the firefighter's death are paid.
Contact: North Dakota Workers' Compensation Bureau.1600 East Century Avenue, Suite 1, PO Box 5585, Bismarck, ND 58506-5585. Phone: (701) 328-3800 or (800) 777-5033. www.workforcesafety.com. |
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| Ohio |
Benefit is 2/3 of employee's average weekly wage in their regular employment. This is based on total earnings from all employers during the year prior to the injury. Minimum and maximum amounts apply and are adjusted annually. Upon remarriage, spouse receives a two-year lump sum and benefits terminate. Children are considered dependent until age 18, age 25 if a full-time student, or longer if disabled and incapable of self-support. Benefits do not apply if the firefighter participated in a municipal pension fund and the amount of pension funds provided is not less than the Workers' Compensation benefit. This benefit includes off-duty firefighters responding to inherently dangerous situations regardless of whether they were within the limits of their jurisdiction of regular employment or voluntary service.
Insurance is provided by Volunteer Firemen's Insurance Service of Ohio. Covers accidental death, dismemberment, loss of sight or hearing, cosmetic disfigurement from burns, plastic surgery, additional child dependent/members loss of life, increased death benefit/motor vehicle accident, provides lump sum benefit/permanent physical impairments, additional lifetime weekly benefit/severe permanent impairments, and innovative HIV positive benefit. Ohio State Firefighters' Association (OSFA) members recieve a 15% discount from VFIS on their accident and sickness policies.
The OSFA has partnered with AFBA to offer our members a low cost life insurance program, Five Star Group Level Term Life insurance. Important features: No war or terrorism exlusions, no occupation or area restrictions, coverage ON and OFF duty, payment of up to $15,000 Emergency Death Benefit within 24 hours, low cost to members, individuals choose protection desired.
Contact: Bureau of Workers' Compensation. 30 West Spring Street, Columbus, OH 43215-2256. Phone: (800) 644-6292. www.ohiobwc.com. |
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| Oklahoma |
Weekly benefit is 70% of the deceased's average weekly wage from regular employment for spouse and additional 15% for each child, up to a maximum of 30%. The maximum weekly benefit is the state's average weekly wage. Upon remarriage, the spouse receives a two-year lump sum and benefits terminate. Unmarried children are considered dependents until age 18, age 23 if a full-time student, or longer if incapable of self-support.
Contact: Oklahoma Workers' Compensation Court No. 8776. 1915 North Stiles Avenue, Oklahoma City, OK 73105. Phone: (405) 522-8776 or (405) 522-8600. www.owcc.state.ok.us. |
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| Oregon |
Volunteers are covered only if the municipality has elected to provide coverage. In this case, the spouse receives a monthly payment of 4.35 times 66 2/3% of the state's average weekly wage. The spouse receives an additional amount equal to 4.35 times 10% of the state's average weekly wage for each dependent child up to a set maximum. If there is no surviving spouse, the children receive 4.35 times 25% of the state's average weekly wage. Children are eligible until age 18, age 23 if attending higher education, or longer if disabled. Upon remarriage, the spouse receives a lump sum benefit of 36 times the monthly benefit; monthly payments for eligible children continue.
Contact: Oregon Workers' Compensation Division, Department of Consumer and Business Services. 350 Winter Street NE, Room 27, PO Box 14480 Salem, OR 97309-0405. Phone: (503) 947-7810 or (800) 452-0288. www.cbs.state.or.us/wcd. |
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| Pennsylvania |
The benefit is 51% of state's average weekly wage to a spouse with no children, 60% to a spouse with one child, or 2/3 to a spouse with two or more children. Children are considered dependent until age 18, age 23 if a full-time student, or longer if disabled. Stepchildren are eligible to receive benefits. Upon remarriage, a spouse receives a two-year lump sum and benefits terminate. If a spouse cohabitates, no lump sum is awarded and benefits terminate. Death from diseases of the heart and lungs may also be considered line-of-duty deaths.
Contact: Bureau of Workers' Compensation, Department of Labor & Industry. 1171 S. Cameron Street, Room 324, Harrisburg, PA 17104-2501. Phone: (717) 772-4447 or (800) 482-2383. www.dli.state.pa.us. |
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| Rhode Island |
None. State statute 28-29-2 specifically excludes volunteers and any members of regularly organized fire departments.
Contact: Department of Labor and Training, Workers' Compensation Division. 1151 Pontiac Avenue, Cranston, RI 02920. Phone: (401) 462-8000. |
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| South Carolina |
Survivors are eligible for 500 weeks of compensation at 37 1/2% of the state's average weekly wages for the preceding year. The death benefit is divided among the spouse and children who were wholly dependent on the deceased at the time of death. The spouse receives no less than 50% of the benefit. Minimum and maximum amounts apply. The benefit includes payment of medical costs associated with death. Children are considered dependent until age 19, age 23 if a full-time student, or longer if incapable of self-support.
Contact: South Carolina Workers' Compensation Commission. PO Box 1715, 1612 Marion Street, Columbia, SC 29202. Phone: (803) 737-5700. www.wcc.state.sc.us. |
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| South Dakota |
Spousal benefit is 2/3 of the state's maximum compensation allowable for death or injury, paid in installments plus a monthly allowance for each dependent child. Benefit is payable to a spouse until death or remarriage. Upon remarriage, the spouse is paid a lump sum equal to two years of compensation and benefits terminate. Children are eligible until age 18, age 22 if a full-time student, or for life if they are incapable of self-support.
Contact: Division of Labor and Management, South Dakota Department of Labor. Kneip Building, Third Floor, 700 Governors Drive, Pierre, SD 57501-2291. Phone: (605) 773-3681. |
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| Tennessee |
Medical costs associated with death are paid when rendered by an authorized provider.
Contact: Tennessee Department of Labor and Workforce Development, Workers' Compensation Division, Division of Claims Administration, Treasury Department. 9th Floor, Andrew Jackson State Office Building, Nashville, TN 37243-0243. Phone: (615) 741-2734. www.treasury.state.tn.us/wc. |
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| Texas |
Workers' compensation is not mandatory for career or volunteer firefighters so this benefit may not apply to all firefighters. For those firefighters covered under workers' compensation, the weekly benefit of 75% of employee?s average weekly wage from regular employment is paid to survivors, 50% to surviving spouse and 50% divided equally among dependent children. If no spouse survives, children receive the total benefit, and vice versa. Children are eligible for benefits until age 18, age 25 if a full-time student, or longer if disabled. There is a lifetime benefit for a spouse who does not remarry. Upon remarriage, the spouse receives a two-year lump sum and benefits terminate.
Contact: Texas Division of Workers' Compensation. 7551 Metro Center Drive, Suite 100, Austin, TX 78744-1609. Phone: (512) 804-4000. www.tdi.state.tx.us/wc/indexwc.html |
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| Utah |
Spousal benefit is 2/3 of the lowest monthly salary of firefighters in a first-class city at the time of death for 312 weeks. After 312 weeks, the benefit to the spouse becomes subject to Social Security benefit offset. Minimum and maximum amounts apply and are adjusted annually. Upon remarriage, the spouse receives a 52-week lump sum distribution or the remainder of the award, whichever is less, and benefits terminate. If there are other dependents remaining at the time of remarriage, benefits shall be paid to such person as an administrative law judge may determine, for the use and benefit of the other dependents. Children are considered dependent until age 18 or longer if disabled. There is no continuation for full-time student status. All medical expenses associated with death are paid.
Contact: Utah Workers' Compensation Fund. 392 East 6400 South, Murray, UT 84107. Phone: (801) 288-8000 or (800) 446-2667. www.wcf-utah.com. |
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| Vermont |
Benefit is 2/3 of employee's average weekly wages for spouse if there are no dependent children, 71 2/3% for spouse and one dependent child, and 76 2/3% for spouse with two or more dependent children. The employee's average weekly wage will be based on the firefighter's regular employment. If there is no spouse, the benefit is divided among dependent children. Minimum and maximum amounts apply. The spouse will not receive less than 330 times the maximum weekly compensation. The spouse is eligible until 62 if entitled to benefits under the social security act or until remarriage. Children are considered dependent until age 18 or longer if regularly enrolled in an approved educational or vocational training institution or incapable of self-support.
Contact: Vermont Workers' Compensation. National Life Building, National Life Drive, Drawer 20, Montpelier, VT 05620-3401. Phone: (802) 828-2286. www.state.vt.us/labind/wcindex.htm. |
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| Virginia |
Volunteer firefighters are considered employees if they are designated as such by their political subdivisions or if their companies elect to cover volunteers. When they are deemed employees, the average weekly wage shall be deemed sufficient to produce the minimum compensation. Benefit is 2/3 of employee's average weekly wage. Minimum and maximum amounts apply and are adjusted annually. Benefits continue for a period of 500 weeks from the date of injury and are divided equally among total dependents. Dependents include surviving spouse and children under age 18, under age 23 if a full-time student, or longer if disabled. Stepchildren are eligible for benefits. Upon remarriage, spousal benefits are terminated and shall be divided among the children or other dependents.
Contact: Virginia Workers' Compensation Commission. 1000 DMV Drive, Richmond, VA 23220. Phone: (804) 367-8600 or (877) 664-2566. www.vwc.state.va.us. |
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| Washington |
Medical bills related to a firefighter's work-related injuries or death are paid.
Contact: State Board for Volunteer Fire Fighters and Reserve Officers. 605 E. 11th Avenue #112, PO Box 114, Olympia, WA 98507. Phone: (360) 753-7318 or (877) 753-7318. www.bvff.wa.gov. |
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| West Virginia |
Spousal benefit is 2/3 of the employee's regular weekly wages. If the firefighter had no other source of employment, the benefit rate is the state minimum. Minimum and maximum amounts apply. Upon remarriage, spousal benefit is terminated. Children are considered dependent until age 18, age 25 if full-time student at an accredited school, or longer to an invalid child if incapable of self-support.
Contact: West Virginia Workers' Compensation Division. PO Box 50540, Charleston, WV 25205-0540. Phone: (304) 926-5048 or (800) 628-4265. www.state.wv.us/bep/wc/default.htm. |
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| Wisconsin |
Weekly benefit is based on the wages of full-time paid firefighters with similar experience in the nearest municipality. Spousal benefit is 2/3 of this weekly wage. Minimum and maximum amounts apply and are adjusted annually. Currently, the maximum death benefit a spouse can receive under Workers' Compensation is $200,700. After payment of primary death benefit ends, payment to dependent children continues at a rate of 10% of the surviving spouse's weekly indemnity. Children are considered dependent until age 18 or longer if disabled. If spouse remarries, death benefit will be reassigned to minor children in separate bank accounts. If there are no minor children, the spouse continues to receive the benefit.
Contact: Wisconsin Workers' Compensation. PO Box 7901, Madison, WI 53707-7901. Phone: (608) 266-1340. www.dwd.state.wi.us/wc/default.htm. |
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| Wyoming |
The surviving spouse receives payments for 54 months of the maximum benefit allowable, which is the statewide average monthly wage; amount adjusted quarterly. Children are considered dependent until the age of majority or until age 21 if the child is physically or mentally incapacitated. Expenses for medical or hospital care are paid. If spouse can show exceptional need, the benefit may be paid in a lump sum. Additionally, each dependent child receives $150 per month until the age of majority; amount adjusted annually.
Contact: Wyoming Workers' Safety and Compensation Division, State of Wyoming Department of Employment. 1510 E. Pershing Blvd., Cheyenne, WY 82002. Phone: (307) 777-7441 or (800) 870-8883. http://wydoe.state.wy.us/doe.asp?ID=9. |
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