§ 19 — Exclusiveness of remedy

New York § 19

• Jurisdiction: New York
• Law VOL: Volunteer Firefighters' Benefit
• Art. 2: Coverage and Benefits

Text

§ 19. Exclusiveness of remedy. The benefits provided by this chapter\nshall be the exclusive remedy of a volunteer firefighter, or his or her\nspouse, parents, dependents, next of kin, executor or administrator, or\nanyone otherwise entitled to recover damages, at common law or\notherwise, for or on account of an injury to a volunteer firefighter in\nline of duty or death resulting from an injury to a volunteer\nfirefighter in line of duty, as against (1) the political subdivision\nliable for the payment of such benefits, (2) the political subdivision\nregularly served by the fire company of which the volunteer firefighter\nis a member, whether or not pursuant to a contract for fire protection,\neven though any such political subdivision is not liable for the payment\nof such benefits in the circumstances, and (3) any person or agency\nacting under governmental or statutory authority in furtherance of the\nduties or activities in relation to which any such injury resulted;\nprovided, however, that the benefits provided by this chapter shall not\nbe the exclusive remedy as against persons who, in the furtherance of\nthe same duties or activities, are not similarly barred from recourse\nagainst the volunteer firefighter, or his or her executor or\nadministrator.\n