The physical and emotional stress of being a first responder isn’t something that goes away once the call is over. This year, New Jersey’s workers’ compensation law was updated to reflect that.
Now, if a first responder suffers a stroke or cardiac event within 24 hours of going on an emergency call, there is a “rebuttable presumption” that it is related to their work and that they can file a workers’ comp claim. A rebuttable presumption means that it’s up to the workers’ comp insurer and/or their employer to prove that the medical event wasn’t caused by their job.
Prior to this change, first responders and their families were only eligible for workers’ comp if one of these events occurred while they were on duty. Of course, heart attacks and other serious medical events like strokes don’t always work that way.
Volunteer first responders are now covered as well
First responders are typically firefighters, police, emergency medical technicians (EMTs) and other professionals who respond to the scene of an emergency. The law now also extends workers’ comp benefits to those who do these jobs on a volunteer basis. Rural and other underserved areas often rely on trained volunteers to get to the scene of an emergency before professionals can. They also provide much-needed help in disasters and other catastrophic events.
While the law, as we noted, took effect at the beginning of the year, it is retroactive. That means workers and families who have been fighting for compensation since before the law took effect can benefit from it. In fact, the law was the result, in part of a family’s long battle to get workers’ comp after an EMT had a fatal heart attack hours after responding to an emergency call.
If you’re having challenges getting the workers’ comp benefits you deserve, it can help to have legal guidance. This can help you protect your rights and receive fair compensation when you have to fight large insurers and other well-funded businesses.
