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ARIZONA STATE SENATE

Fifty-Seventh Legislature, Second Regular Session

 

FACT SHEET FOR H.B. 2138

 

firefighters; employment status

Purpose

Defines firefighter for the purposes of workers' compensation coverage while traveling directly to or from work as a firefighter.

Background

The Industrial Commission of Arizona is the state regulatory agency responsible for processing and adjudicating workers' compensation claims. Employees may receive workers’ compensation benefits, including medical treatment and lost wages, as a result of injuries or death caused by an accident arising out of and in the course of employment. The compensation received by the employee or the employee's dependents is determined by the employee's average monthly wage at the time of the injury (A.R.S. Title 23, Chapter 6).

A peace officer or firefighter who is injured or killed while traveling directly to or from work is eligible for workers' compensation benefits, provided that the peace officer or firefighter is not engaged in criminal activity. Statute asserts that an employer is not liable for any civil damages occurring through the peace officer's or firefighter's negligent or intentional conduct while traveling to or from work (A.R.S. § 23-1021.01).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Defines firefighter, for purposes of workers' compensation for a firefighter who is injured or killed while traveling directly to or from work, as a professional who is a state firefighter, a member of a city or town fire department a member of a fire district fire department, or a member of a fire authority.

2.   Makes technical and conforming changes.

3.   Becomes effective on the general effective date.

House Action

COM               1/20/26      DP       11-0-0-0

3rd Read          2/3/26                    54-4-2

Prepared by Senate Research

February 26, 2026

MG/SJ/ci