Aggressive Legal Representation for NY Firefighter Training Accidents
Knowledgeable and experienced attorneys assert your right to compensation
From the moment a probationary firefighter enters the Fire Academy, he or she accepts an enhanced risk of injury related to firefighting. So, whether you’re a probie injured during the intensive 18 weeks of education on Randall’s Island, or a veteran hurt during Office of Emergency Management drills, the firefighter rule applies. To know your rights under the circumstances of your injury, you must consult an experienced and knowledgeable firefighter injury attorney. At Barasch & McGarry, our attorneys have more than 100 years of combined experience, and we have earned a solid reputation for protecting firefighter rights.
FDNY training drills simulate real peril and contain real risks
The FDNY takes pains to ensure that firefighter training reflects real situations that members will face in the field. Firefighters participating in training exercises are barred from suing unless their injury falls into a recognized exception:
- Training only presented the occasion for the injury — If the portion of the training in which the injury took place did not enhance the risk of injury, a lawsuit is permitted. For example, if the injury occurred in a classroom or auditorium rather than a training course, the firefighter may be able to sue for negligence.
- General Municipal Law § 205-a — If the firefighter’s injury occurred because the department violated a federal, state or city statute, regulation or rule, a lawsuit is permitted. One law that is frequently cited is New York Labor Law 27-a, which requires an employer to provide a workplace free from recognized hazards that can cause injury or death. Within the context of FDNY training, this would most likely involve providing defective equipment that causes injury to participants during drills.
It’s important to note that FDNY enjoys sovereign immunity and cannot be sued for negligence on the basis of judgment calls made about how to fight a fire. (The only exception is when a decision violates an immutable rule of firefighting.) Sovereign immunity extends to training, so injuries that result from a teacher’s style or approach to a problem are extremely difficult to win.
Consult our New York attorneys about your firefighter training accident
An injury during training can be just as disastrous for your health, life and career as an injury in the field. To ensure your rights, consult an experienced and knowledgeable firefighter attorney at Barasch & McGarry. To schedule a no-cost appointment with one of our attorneys, call 844.874.1564 or contact our office online.