Our intent here is to inform you of the specific potential exposures facing Federal Wildland Firefighters so that you can properly evaluate your need for professional liability insurance (PLI). The past decade has shown us that good firefighting tactics will not prevent you from being sued or protect you from the scope of the criminal and administrative investigations into a firefighting fatality. Just ask any fire fighter who has been involved in a recent serious accident or a fatality investigation such as the Thirtymile, Cramer or Esperanza tragedies—some of these firefighters have offered testimonials to explain from one fire fighter to another why PLI is so necessary in today’s environment.

There are three areas of exposure that a professional liability policy responds to for Federal Wildland Firefighters: administrative and disciplinary, civil suits, and criminal investigations. Fighting fire puts you at risk in all three of these areas, PLI protection becomes necessary when a firefighter:

• is sued personally for a job-related action,
• is involved in any job-related administrative or misconduct investigation/matter, or
• is under a criminal investigation for a job-related action.

With the passage of Public Law 107-203 requiring an OIG investigation into every fire fatality, burnover, or entrapment for Forest Service personnel and the possibility of criminal prosecution, the criminal benefits of PLI is critical to the livelihood and financial security of federal wildland firefighters.  (Note: there is current legislation in Congress to expand this law to Interior Department employees). 

The administrative benefits of the policy and the experience of the legal representation are necessary when facing an OIG, LE&I, OSOH, or OSHA investigation. See common allegations of wrongdoing leading to these investigations as well as Congressional or management directed investigations.  Having experienced counsel to represent your interests -from day one - is affordable through FEDS PLI policy.

If you are not familiar with the Thirty Mile, Cramer and Esperanza fire tragedies, please read Anthony Vergnetti's open letter to federal wildland firefighters for the legal aftermath of these tragedies. Following is an excerpt:

'... in the tragic event that an entrapment or burnover fatality occurs on a fire that you have anything do with, you will need an attorney to navigate through the process. It is our experience that the actions or inactions of those employees directly involved in such fires are scrutinized with a magnifying glass and with the benefit of 20/20 hindsight, notwithstanding that fire management decisions are often made in a compressed time frame and only with the information then available. Applying that level of scrutiny to the inexactness of the 10 Standing Firefighting Orders and the discretionary nature of mitigating the 18 Watchout Situations in a political environment that demands accountability, it is hard for us to imagine that anyone directly involved in a burnover or entrapment fatality will not face some allegation of negligence or wrongdoing. In light of this reality, you will need an attorney to protect your interests. Regrettably, it can cost at least $30,000 to $100,000 to prevent a criminal indictment, protect your rights throughout the administrative process, including defending against any disciplinary action at the agency level or take your disciplinary case through the MSPB. '

The annual cost of the FEDS $1,000,000 policy is $270 - only $135 after agency reimbursement.  See Enclosure A for positions eligible for reimbursement (recently passed legislation expanded the authorization for the reimbursement to temporary supervisors and other vulnerable positions). Then with a copy of your receipt - available upon joining, contact your HR representative for reimbursement instructions.

If you are not yet eligible for reimbursement, we still recommend purchasing the coverage if you are in any way involved in fighting fire. Every line officer, fire management officer, incident commander, and any employee involved in firefighting or fire/aviation management - including a temporary fire line employee - needs to understand that they could be subject to the full scope of the criminal and administrative investigations into firefighting fatalities as well as the potential for civil law suits.

Securing a professional liability policy after a tragic event will be too late. Take the time to purchase professional liability now. It only takes a few minutes and coverage is effective immediately.

Federal Employee Defense Services (FEDS) is the professional liability insurance company that has specific experience in working with the wildland fire fighting community.  Our attorneys provided legal defense in the above fire tragedies - this is the reason we are endorsed by the Federal Wildland Fire Service Association (FWFSA).

FEDS founder, a former federal employee, has successfully defended federal employees in private practice and encourages all federal employees to be as informed as possible about the benefits of having PLI protection in place. FEDS was founded because of federal wildland firefighters, read more about how and why here. And if you can't find answers to your questions in Frequently Asked Questions, please call us at 301-229-2481.