firefighters; employment status

Plain English Breakdown

The official text states the law becomes effective on the general effective date but does not list a specific calendar day for that date.

HB2138: Defining Firefighters for Workers' Compensation While Traveling

This law defines which professional firefighters qualify as being on the job if they are injured or killed while traveling directly to or from work, making them eligible for workers' compensation benefits.

What This Bill Does

• Defines 'firefighter' specifically for cases involving injuries during travel to or from work.
• Includes state firefighters and members of city, town, fire district, or fire authority departments in this definition.
• States that these workers are considered on the job solely for eligibility for workers' compensation benefits if injured while traveling directly to or from work.
• Requires that the firefighter not be engaged in criminal activity at the time of injury to receive benefits.
• Clarifies that employers do not face civil liability for damages caused by a firefighter's negligent or intentional conduct during travel.

Who It Names or Affects

• Professional firefighters employed as state firefighters, city/town department members, fire district members, or fire authority members.
• Employers of these professional firefighters regarding their limits on civil liability for incidents occurring while employees are traveling to or from work.

Terms To Know

Workers' Compensation

Benefits that provide medical treatment and lost wages to employees injured in the course of employment, as determined by state law.

Course and Scope of Employment

The legal standard determining if an injury happened while working; this law treats travel directly to or from work as being within this scope for eligible firefighters solely for benefit eligibility.

Limits and Unknowns

• This definition applies only to workers' compensation eligibility and does not create other employment rights.
• Benefits are denied if the firefighter is engaged in criminal activity at the time of the incident.
• The law becomes effective on the general effective date, which is not specified as a specific calendar day in this text.

Official Summary Text

HB2138 - 572R - Senate Fact Sheet

Assigned to
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COMMITTEE

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

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Prepared by Senate Research

February 26, 2026

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Current Bill Text

Chapter 0047 - 572R - H Ver of HB2138

House Engrossed

firefighters;
employment status

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

CHAPTER 47

HOUSE BILL 2138

AN
ACT

amending section 23-1021.01,
arizona revised statutes; relating to firefighters.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 23-1021.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
23-1021.01.

Peace officers; firefighters; employment status; definition

A. A peace officer or
fire fighter as
defined in section 1-215

firefighter
who is
injured or killed while traveling directly to or from work as a peace officer
or firefighter
shall be considered in the course and scope of
employment solely for the purposes of eligibility for workers' compensation
benefits, provided that the peace officer or
fire fighter

firefighter
is not
engaged in criminal activity.

B.
Nothing in
This section
shall
does not
create any liability on the
part of the peace officer's or
fire fighter's

firefighter's
employer
for any civil damages occurring through the peace officer's or
fire
fighter's

firefighter's

negligent or intentional conduct while traveling to or from work as a peace
officer.

C. For the purposes of this section,
"firefighter" means a professional firefighter who is
any of the following:

1. A state firefighter.

2. a member of a city
or town
fire department.

3. A member of a fire district fire
department.

4. A member of a fire authority.
END_STATUTE

APPROVED BY THE GOVERNOR APRIL 13, 2026.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 13, 2026.