First responders have some of the most stressful and potentially risky jobs there are. However, those who have never been a law enforcement officer, firefighter or emergency medical technician (EMT) often don’t understand what kind of physical and mental harm these jobs can cause.
That means first responders have often had to fight for the workers’ compensation benefits they deserve. Last year, New Jersey workers’ comp law was amended to better address serious and sometimes fatal events that first responders can experience after a particularly difficult call
Addressing medical events after an emergency is over
New Jersey workers’ comp law now states that if a first responder suffers a stroke, cardiac event and/or dies within the first 24 hours after an emergency call, there’s a “rebuttable presumption” that it is work related.
“Rebuttable presumption” means that if the workers’ comp insurer or the first responder’s employer chooses to challenge the first responder’s or surviving loved one’s claim that the medical event was brought on by the emergency, they have the responsibility of proving that it wasn’t. Previously, first responders or their surviving loved ones had to prove that the medical event was caused by the call. That could be challenging if it occurred hours later.
Volunteer first responders are covered by workers’ comp
Workers’ comp law has also been expanded to cover volunteer first responders. These volunteers provide vital aid in mass casualty events and other disasters. Their services are also crucial to rural and other areas throughout the state that don’t have enough professional first responders to handle their needs. They often face the same risks as the professionals who have received more training and typically have more experience.
While these changes in the law are good news for first responders and their families, they can’t eliminate all wrongly denied workers’ comp claims. Everyone has the right to appeal a denial. Having experienced legal guidance can help improve the chances of success.