Louisiana Senate Bill SB310

Louisiana 2020 Regular Session

• Introduced: 2/27/20
• Refer: 2/27/20
• Refer: 3/9/20

Caption

Provides for a $100,000 death benefit for a DOTD employee who is killed in a hazardous situation in the course and scope of his employment. (gov sig) (OR INCREASE SD EX See Note)

Impact

The legislation aims to enhance existing support mechanisms for DOTD employees and their families, thereby affirming the public policy that prioritizes financial security in the wake of tragic workplace incidents. By ensuring a standardized death benefit that is immediately accessible from the Transportation Trust Fund, the law seeks to alleviate some of the financial burdens faced by grieving families. Furthermore, the requirement for beneficiaries to waive the right to sue the department may serve as both a protective measure for the DOTD and a point of contention among critics concerned about employee rights.

Summary

Senate Bill 310 addresses the need for financial security for the families of Department of Transportation and Development (DOTD) employees who die as a result of a hazardous situation while performing their official duties. The proposed law establishes a uniform benefit of $100,000 to be paid to the surviving spouse of the deceased employee. In the absence of a surviving spouse, the benefit extends to children, named beneficiaries, or the deceased employee’s estate, ensuring financial support reaches the intended recipients regardless of the familial situation.

Sentiment

The general sentiment surrounding SB 310 appears to be supportive, reflecting a recognition of the sacrifices made by DOTD workers and the necessity of providing adequate financial protections. Lawmakers and advocates have lauded the bill as a necessary step towards ensuring that families can receive timely assistance following the death of an employee. However, some stakeholders may voice concerns regarding the implications of limiting the right to legal action in exchange for benefits, highlighting a tension between employee protections and departmental liability.

Contention

While the bill establishes significant benefits for families, it also stipulates that no payments will be made unless the recipient waives any rights to file a lawsuit against the DOTD. This point could be contentious as it may deter some families from seeking benefits due to the perceived loss of legal recourse. The discussions around the bill may also bring to light differing views on the balance between safeguarding the department from lawsuits and ensuring employees' families have an unfettered path to financial support.