DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 608 Original 2021 Regular Session Gaines
Abstract: Establishes a $100,000 survivor benefit for the death of a Department of Transportation
and Development employee that occurred while performing work duties.
Proposed law establishes as public policy of the Dept. of Transportation and Development (DOTD)
the provision of financial security to the families of deceased DOTD workers who suffer death as
a result of any injury arising out of a hazardous situation, while in the course and scope of
employment.
Proposed law specifies death benefits are conditioned on survivors waiver or liability.
Proposed law requires the payment of $100,000 in death benefits to the surviving spouse of a DOTD
worker who suffers death as a result of any injury arising out of a hazardous situation, while in the
course and scope of employment.
Proposed law specifies that in absence of a surviving spouse, the child or children of a DOTD worker
who suffers death as a result of any injury arising out of a hazardous situation, while in the course
and scope of employment, and that is not the result of an intentional act will be paid $100,000 in
death benefits.
Proposed law specifies that in absence of a surviving spouse or children, the named beneficiary of
a DOTD worker who suffers death as a result of any injury arising out of a hazardous situation, while
in the course and scope of employment, will be paid $100,000 in death benefits.
Proposed law specifies that in absence of a surviving spouse, children, or a named beneficiary, the
estate of a DOTD worker who suffers death as a result of any injury arising out of a hazardous
situation, while in the course and scope of employment, will be paid $100,000 in death benefits.
Proposed law requires that the $100,000 death benefit payment be paid out of the Transportation
Trust Fund. Requires that all recipients of the death benefit will waive all rights to sue the
department.
Proposed law requires the department promulgate rules as necessary to implement provisions of
proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action. (Adds R.S. 48:2211)