As reported by NJ.com, legislation to automatically pay federal death benefits to first responders who die of the coronavirus unanimously passed the United States Senate yesterday.  The measure removes the requirement that families of police officers, firefighters and emergency medical technicians  have to prove that the first responder was infected while on the job as long as the person was diagnosed with COVID-19 within 45 days of his or her last shift.

“Our firefighters, police officers, EMTs, and other emergency services personnel risk their lives to keep us safe, and face significantly increased hazards during this pandemic,” said the bill’s Chief Democratic sponsor, U.S. Senator Cory Booker. “A staggering number of public safety officers have already lost their lives to COVID-19 and we must make sure that their families are supported when they face unimaginable loss-and that’s exactly what this bill does.” The bill attracted bipartisan support, with U.S. Senator Chuck Grassley of Iowa as the lead Republican sponsor.

Under the legislation, death benefits would be paid if a first responder is diagnosed with the coronavirus within 45 days of his or her last shift. The benefits would go to public employees and volunteers, though lawmakers said they hoped to expand the program to also include those working for private companies. Similar legislation is being sponsored in the U.S. House by Representative Bill Pascrell Jr., D-9th Dist., and a benefits provision was included in the $3 trillion coronavirus stimulus bill expected to pass the chamber on Friday. Under the Public Safety Officers Benefits Program, the federal government pays death benefits to survivors of first responders who die in the line of duty or due to a work-related event. The Justice Department program also benefits to those permanently disabled due to their work.

Unfortunately, as we all know, New Jersey Public Safety Officers have been hit particularly hard by the COVID-19 pandemic.  Specifically, about twenty (20) first responders in New Jersey have died due to COVID-19, although this number may be under reported.  This bill provides a step in the right direction for all New Jersey Public Safety Officers in order to protect and provide for their families in the unfathomable event of a death due to COVID-19. Please continue to check this blog periodically to ascertain updates regarding this bill and its progress going forward.  Stay Safe!

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DONALD C. BARBATI, JR.

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault.  In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.