Rep. Oscar Longoria (D-La Joya) together with four different authors, filed Home Invoice 1521, which might penalize insurers that illegally deny Texas first responders entry to medical therapy for line-of-duty accidents lined underneath state staff’ compensation legal guidelines.
This proposed laws would amend Part 415.021 of the Labor Code so as to add sanctions, administrative penalties, and different cures, together with lawyer’s charges, for administrative violations by self-or collectively insured municipalities obligated to cowl eligible staff’ compensation claims. The quantity of the executive penalty shall not be lower than two instances the entire quantity of advantages payable in reference to the primary responder worker’s declare.
HB 1521 would make clear that cities wouldn’t have sovereign immunity once they act as a staff compensation supplier. This is able to be sure that the Division of Employees Compensation and the Texas Division of Insurance coverage are capable of correctly regulate governmental entities that present staff compensation protection.
Rep. Longoria stated, “The employees’ compensation system has failed too many Texas first responders, together with my constituent, Homer Salinas, a Mission firefighter and most cancers survivor. Mr. Salinas gained 4 rounds of staff’ comp proceedings to get his most cancers therapy lined, but he was sued by the Metropolis of Mission to reverse prior selections in Homer’s favor. Home Invoice 1521 is a vital step towards guaranteeing that our hero first responders usually are not denied the medical therapy they’ve earned by their service underneath Texas regulation. Mr. Salinas must be targeted on his well being and defending his neighborhood – not combating for advantages he’s earned.”
The proposed laws is supported by the Texas State Affiliation of Hearth Fighters (TSAFF), which incorporates greater than 18,000 skilled firefighter members in 182 Texas communities.
Research present firefighters are at elevated threat for cancers and different sicknesses attributable to on-the-job publicity to hazardous supplies. For instance, the Worldwide Company for Analysis on Most cancers (IARC) has cited the upper dangers of kidney most cancers that firefighters face. Chapter 607 of the Texas Authorities Code, Texas’ “presumptive” regulation, covers associated medical care, in line with the Texas Division of Insurance coverage. The statute supplies that Texas firefighters are entitled to obtain the medical therapy they’ve earned as they risked their very own lives defending others.