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Emergency Law Inventory | Full Law Text

Law Number

CMR 16-163-016

Summary Title

Workers' Compensation: Emergency Medical Services

Summary

An emergency medical services personnel, who is killed while performing their duties, is entitled to workers' compensation. They will not be entitled to the benefit if it is found they were acting with extreme carelessness or intent to cause harm, were under the influence of alcohol, or if they were a contributing factor to their death.

Full Title

Death benefits for emergency medical services person who die in the line of duty

Full Text

Section 2. Death Benefit - Amount and Receipt. 1. If the Director determines that an emergency medical services person died while in the line of duty, the State shall pay a benefit of $ 50,000 as follows: A. If there is no surviving child of the emergency medical services person, to the surviving spouse; B. If there is a surviving child or children and a surviving spouse of the emergency medical services person, 1/2 to the surviving child or children in equal shares and 1/2 to the surviving spouse; C. If there is no surviving spouse of the emergency medical services person, to the child or children in equal shares; or D. If there is no surviving child or spouse, to the parent or parents of the emergency medical services person, in equal shares. Section 3. Limitation on Benefit. 1. Notwithstanding a determination by the Director that an emergency medical services person died while in the line of duty, a benefit may not be paid: A. If the death or the injury or illness that resulted in the death was caused by the intentional misconduct of the emergency medical services person or by the emergency medical services person's intention to bring about the death or the injury or illness that resulted in the death; B. If the emergency medical services person was voluntarily under the influence at the time of the death or the injury or illness that resulted in the death and being under the influence was a substantial contributing factor in the death or the injury or illness that resulted in the death; C. If the emergency medical services person was performing in a grossly negligent manner at the time of the death or the injury or illness that resulted in the death; or D. To any person who would otherwise be entitled to a benefit pursuant to 25 M.R.S.A. c. 195-A and this chapter, if the person's actions were a substantial contributing factor to the death of the emergency medical services person. E. If the potentially eligible child, spouse or parent dies prior to actual receipt of this death benefit.

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