Investigations conducted into the accident also reveal that Thomas “exhibited signs of impairment” at the scene, and he was subsequently taken into police custody. Thomas was ultimately charged with the criminal charges of manslaughter, assault, and felony driving under the influence.

Justice for the Families of First Responders Killed on the Job

The brave men and women who show up to work every day to assist with medical emergencies sadly are often at risk for serious and even fatal workplace accidents. First responders face a number of dangers on the job while they work hard to keep people and communities safe. While no person should lose a loved one, sometimes the families of our brave first responders are faced with the horrific news that their family member has been killed in the line of duty. When this happens, although nothing can replace their loss, certain dependent family members of the first responder killed on the job may be entitled to compensation under workers’ compensation laws. In Louisiana, certain dependent family members of first responders killed at work may be entitled to important workers’ compensation benefits such as medical expense reimbursement and funeral expenses, a lump sum payment, and wage replacement benefits for the loss of earnings. In order to determine whether you may be entitled to these important benefits under Louisiana workers’ compensation laws, it is best to speak with an experienced Louisiana first responder injury lawyer as soon as possible about your rights and options.

Justice for Families in Louisiana

The experienced Louisiana first responder injury lawyers at Lunsford Baskin & Priebe, PLLC help Louisiana families get compensation due if a loved one is killed on the job. Contact Lunsford Baskin & Priebe, PLLC for a free and confidential consultation and learn about your rights and options today.

Source:

fox10tv.com/2023/12/31/ems-worker-killed-mobile-traffic-accident/

Lawmakers in the Bayou State recently passed a provision that guarantees workers’ compensation benefits to some emergency responder cancer victims in some situations. However, since the state and local governments must pay for this coverage, Louisiana’s law is very carefully worded, so as to protect the government’s financial interests.

So, Claims Examiners routinely deny such requests, at least in part. In other words, benefits might be available, but they are difficult to obtain without an experienced New Orleans workers’ compensation attorney at your side. These benefits include wage replacement and medical bill payment. Given the sky-high costs of many cancer treatments, these benefits could literally be the difference between life and death.

Exposure to Certain Substances

Workers’ compensation benefits are available if exposure to a certain substance caused the victim’s cancer. This list is limited to:

• Heat,
• Smoke,
• Noxious fumes, or
• Carcinogenic, Poisonous, Toxic, or Chemical Substances

The service record alone might not be sufficient. For example, the service record would show a response to a house fire. But the service record might not reflect the emergency responder’s duties at that sight or the extent of a fire. There’s a difference between creating a safety perimeter and entering a burning building. There’s also a difference between a raging inferno and a kitchen fire.

Note that substance exposure need not be the sole cause. Genetic predisposition could contribute to the cancer. An attorney must simply show that substance exposure was, more likely than not, the primary cause.

Ten Years of Service

This requirement seems straightforward, but there are some issues. A victim might need more than a calendar to calculate years of service.

Must the ten years be consecutive, or is ten years a cumulative total? Does that include time as a volunteer or trainee firefighter? And does the ten years include credit for time spent as a firefighter in another jurisdiction? There are no clear answers to any of these questions.

Disabling Cancer

Disability is not just a medical term. “Disability” also has educational, vocational, chronological, and other implications. Relatively mild cancer might be disabling for an older firefighter who has never done anything else. But this condition might not be disabling for a relatively young firefighter with a college degree or work experience in another field.

Rebuttable Presumption

The law is also a bit vague as to the strength of the causation presumption. The law refers to “evidence meeting judicial standards.” That probably means a preponderance of the proof (more likely than not). If that’s the case, the causation presumption is not particularly strong.

Covered Conditions

Louisiana’s first responder/cancer law does not apply to all conditions. It only applies to cancer of the bladder, brain, colon, liver, pancreas, skin, kidney, gastrointestinal tract, or blood (leukemia). If the victim has a different type of cancer, such as lung cancer, workers’ compensation benefits are still available, but there is no presumption. 

Count on a Dedicated Attorney

First responders are eligible for workers’ compensation benefits for cancer, but these benefits are not automatic. For a free consultation with an experienced Jackson & New Orleans first responders lawyer, contact Lunsford, Baskin & Priebe, PLLC. Home and hospital visits are available.

Resource:

cdc.gov/wtc/ataglance.html

https://www.lunsfordbaskin.com/legal-options-under-the-new-mississippi-first-responders-health-and-safety-act/

The measure passed with considerable bipartisan support. Opponents, mostly the counties and cities who would pay for most MFRHSA benefits, cited the cost of the proposal along with the fact that workers’ compensation at least partially covered these situations. More on these things below.

A blog cannot possibly substitute for a consultation with an experienced Jackson workers’ compensation attorney. Instead, this post covers some major issues and offers some general advice.

Rights and Responsibilities Under MFRHSA

First responders (firefighters and police officers) who have at least ten years of service and develop certain types of cancer are eligible for financial benefits. Volunteer firefighters are eligible as well, which is why so many rural counties opposed MFRHSA. There is a conclusive presumption that the cancer is job-related. These benefits include:

• $35,000 lump sum payment upon a serious cancer diagnosis. That diagnosis must come from a Board Certified physician. The doctor must conclude that the cancer is terminal or that radical chemotherapy, surgical, and/or radiation treatments are necessary.
• $6,250 payment upon a lesser cancer diagnosis. This benefit is available if the doctor concludes that the cancer can be treated endoscopically or via other such methods.
• Lost wages benefit of 60 percent or $5,000 a month, whichever is less, for thirty-six months. Volunteer firefighters are eligible for $1,500 a month for thirty-six months.

Injured victims can combine the first two benefits, as long as the total does not exceed $50,000. Wage replacement is available if the victim is disabled. “Disability” is a subjective term which includes medical, educational, vocational, experiential, and other meanings. In any event, a six-month waiting period applies.

Rights and Responsibilities Under Workers’ Compensation

The first responders cancer relief act is a workers’ compensation alternative. The law clearly states that victims cannot pursue both remedies. Financial workers’ compensation benefits usually include:

• Wage Replacement: Job injury victims, or their survivors, can receive two-thirds of their Average Weekly Wage for up to 450 weeks. The time period might be shorter in some cases, depending on the type of injury and extent of the disability. The AWW includes all sources of cash and non-cash compensation.
• Medical Bills: Workers’ compensation also pays all reasonably necessary medical bills for up to 450 weeks. Reasonably necessary bills include emergency care, follow up treatments, prescription medication, transportation expenses, and physical or occupational therapy.

These benefits are available if the victim establishes a connection between the illness or injury and a work-related condition.

Which Approach is Best?

In short, MFRHSA claims are easy to establish, because of the cancer presumption. However, the financial benefits might not go far enough. Workers’ compensation has the opposite dynamic. The financial benefits could be much higher, in many cases. However, cancer is not easy to prove in court. Most people have genetic or lifestyle conditions that at least contribute to malignant tumor development.

An attorney can evaluate your case and then explain your legal options, including the pros and cons of each one, so you can make the best choice for yourself and your family. 

Contact a Diligent Attorney

First responders who develop cancer now have multiple legal options. For a free consultation with an experienced Jackson & New Orleans first responders lawyer, contact Lunsford, Baskin & Priebe, PLLC. We routinely handle matters in Louisiana and Mississippi.

Resource:

billstatus.ls.state.ms.us/documents/2019/pdf/SB/2800-2899/SB2835SG.pdf