Written by FDM EVP/COO Roy Denny for Fire News
What VFBL Insurance Does
Volunteer firefighters in New York are protected under the Volunteer Firefighters’ Benefit Law (VFBL). Your fire district or municipality is required to provide this coverage. In many ways, VFBL functions like workers’ compensation—providing protection for volunteer firefighters who are injured or become ill while performing line-of-duty activities.
VFBL is New York State law and is administered by the New York State Workers’ Compensation Board. Volunteer firefighters are not employees, but New York State provides them special protections under VFBL, including guaranteed medical care and wage-replacement benefits for injuries sustained during defined firematic duties.
What many people don’t realize is that VFBL insurance policies typically include two parts.
PART ONE — VFBL Statutory Benefits
The insurer must pay all benefits required by New York law. These benefits are paid directly to the injured firefighter and may include:
- Full medical treatment (no copays)
- Weekly disability payments
- Permanent injury awards
- Death benefits to dependents
- Funeral benefits
PART TWO — Employers Liability
Part Two protects the fire district or municipality and covers certain lawsuits filed against the fire district, village, or town arising out of a firefighter’s injury.
Common examples include:
- A manufacturer sues the district after a firefighter sues for equipment failure (“third-party-over”)
- A spouse sues for loss of companionship
- A firefighter sues the district as a property owner (slip/fall at the firehouse)
- Mutual-aid partners bring contribution claims
Part Two has limits (often $100,000 per occurrence for bodily injury / $100,000 per employee for bodily injury / $500,000 policy limit for bodily injury). Larger claims may need to be covered by your general liability and/or umbrella policy.
Why It Matters
Even though a firefighter usually cannot sue their own district for injury, other parties can. These claims can be costly and time-consuming. Ensuring you have adequate Part Two coverage—and appropriate umbrella limits—helps protect both the district and local taxpayers from unexpected liability.
Common Real-World Scenarios
- Ladder or SCBA failure → manufacturer sues the district
- Mutual-aid accident → another district seeks contribution
- Firefighter spouse sues for emotional damages
- Slip on firehouse property → district sued as property owner
- Vehicle accident → district sued as vehicle owner
Annual Board/Commissioner Checklist
- Review VFBL Part Two coverage (note: Part Two is optional from some providers)
- Confirm umbrella/excess coverage applies over VFBL
- Review mutual-aid agreements
- Keep maintenance and training logs current
Maintaining adequate limits helps protect your volunteers, your taxpayers, and your district from unexpected liability. Take time each year to review your VFBL and workers’ compensation policies for Part Two coverage—especially because it is optional with some providers.
FDM automatically includes Part Two coverage with every VFBL and workers’ compensation policy.