Fallen Firefighters Honored on Sunday, October 3, 2010 with Half-Staff Flags

Yesterday, October 3, 2010, State and U.S. flags flew at half-staff at all public buildings in Minnesota in honor of firefighters who were killed or disabled in the line of duty.

A 2001 federal law memorializes fallen firefighters, and this day is celebrated on the first Sunday of October each year in Minnesota.

On average, 100 firefighters are killed in the line of duty in the United States each year. Since 1881, 187 Minnesota firefighters have been killed in the line of duty.On Sunday, the National Fallen Firefighters Memorial Services was held in Emmitsburg, Maryland.

Common firefighter injuries include:

Sprains or strains

Injuries from falling objects

Cuts and lacerations

Thermal burns

Exhaustion or fatigue

Smoke Inhalation

Contusion

Puncture wounds

Heart attacks or cardiac symptoms

Eye Trauma

Abrasions

Fractures

Dehydration

Dizziness or fainting

Electric shock

Crush injuries

Slip and falls and trip and falls

Falls from heights

Traffic accidents

According to the CDC, the most common cause of firefighter fatalities is sudden cardiac death. The report notes that coronary artery disease in fire fighters is due to a combination of personal and workplace factors. The personal factors are well known: age, gender, family history, diabetes mellitus, hypertension, smoking, high blood cholesterol, obesity, and lack of exercise. Not as widely known, however, is that fire fighters have exposures to workplace factors that are associated with adverse cardiovascular outcomes such as exposure to fire smoke (notably carbon monoxide, hydrogen cyanide, and particulates), heat stress, noise, and shift work.

The Minnesota legislature recognizes the increased risk of heart conditions for firefighters. Minn.Stat. §176.011, Subd. 15(b) provides a statutory presumption of work-relatedness for firefighters who suffer heart attacks. This means that when an active duty firefighter suffers myocarditis, coronary sclerosis, or pneumonia, those diseases are presumed to be occupational diseases, so long as a pre-employment physical did not indicate any presence of those types of diseases.

In addition to Minnesota workers’ compensation benefits, Minnesota firefighters injured in the line of duty may also be entitled to PERA Duty Disability benefits. Families of firefighters killed in the line of duty may be entitled to Minnesota workers’ compensation death and dependency benefits, in addition to other PERA death and dependency benefits.

For a free, no-obligation consultation to learn about your Minnesota workers’ compensation rights and your entitlement to PERA duty disability benefits, call Meuser & Associates at 877-746-5680 or click here to send us an email.

Minnesota Police Officers and Common Workers’ Compensation Injuries

Minneapolis police officers, St. Paul police officers, and other Minnesota police officers and law enforcement personnel place themselves in harm’s way on a daily basis to protect public safety. When a police officer is injured in the course and scope of his or her duties, those injuries are covered by Minnesota workers’ compensation.

We have successfully represented many MN police officers for workers’ compensation benefits after they sustained work-related injuries, such as:

Motor vehicle accidents: Police officers are at a high risk for sustaining injuries as the result of a car accident, simply by virtue of the amount of time many police officers spend in their squad cars. Regardless of fault, a Minnesota police officer is entitled to workers’ compensation benefits if they are injured as the result of a motor vehicle collision. In addition to workers’ compensation benefits, police officers may be entitled to personal injury protection (PIP) benefits, through their automobile insurance. If the crash was caused by the negligence of another party, the police officer may also have a personal injury claim against the at-fault party.

Slip and Fall Accidents: Minnesota’s icy winters create dangerous conditions for police officers going up and down stairs or walking on icy driveways or sidewalks. Falls can cause grievous injury, including head injury, traumatic brain injury, back injury, neck injury, or spine injury. Police officers who suffer injury as the result of a fall are entitled to workers’ compensation benefits. They may also have a negligence claim against the person or entity responsible for maintaining the premises where the fall occurred.

Lifting injuries: Lifting injuries sustained by police officers are extremely common. Such injuries can range from temporary sprains and strains to serious spinal disc injuries. Lifting injuries sustained by police officers are covered by workers’ compensation.

Heart attacks: Law enforcement is an extremely stressful job. Heart conditions, including heart attacks, due to the stress of a police officers’ job duties, are often covered by Minnesota workers’ compensation. In fact, the Minnesota legislature has created a legal presumption that when a Minnesota police officer suffers certain heart conditions, they are presumed to be caused by the officer’s work activities.

Post-Traumatic Stress Disorder (PTSD): Due in large part to increased awareness about the psychological effects of dealing with traumatic and stressful situations, more and more Minnesota police officers are seeking treatment for Post-Traumatic Stress Disorder (PTSD). Police officers are often told that this condition is not covered by workers’ compensation. That is not necessarily the case. We have successfully secured substantial settlements on behalf of several police officers suffering from the effects of Post-Traumatic Stress Disorder.

Injuries From Assaults: Physically dealing with dangerous suspects and criminals frequently results in injuries to police officers, ranging from gunshot or knife wounds, bruises, broken bones, dislocated shoulders, torn ligaments, head injuries, and a wide variety of other types of injuries. These injuries are covered by Minnesota workers’ compensation. In some cases, an injured police officer may also have a cause of action against the person who caused the injury.

Exposure to Hazardous Substances: Police officers are frequently exposed to hazardous substances, including chemicals, drugs, smoke, fumes, and even blood-borne pathogens. If a police officer suffers any health effects as a result of exposure to toxins or hazardous substances, those conditions are covered by workers’ compensation

Other common police officer injuries include:

• Dog Bites
• Cold Exposure or Frostbite
• Burns
• Occupational Hearing Loss
• Injuries From Falling Objects
  

In addition to workers’ compensation benefits, and civil liability claims against negligent third parties, injured police officers may also be entitled to additional benefits, including PERA or MSRS duty-disability benefits and healthcare continuation benefits. Meuser & Associates has successfully represented many Minnesota police officers for a variety of injuries for workers’ compensation benefits, no-fault benefits, auto liability claims, duty-disability applications and appeals, and healthcare continuation applications and appeals. To schedule a free, no-obligation consultation with one of our lawyers, call us at 877-746-5680 or click here to send us an email.

Visit Minnesota Workers' Compensation and Personal Injury Law Firm, Meuser & Associates, P.A., at MeuserLaw.com

MN Firefighters and Police Officers and Work-Related Heart Attacks

Some occupations are more stressful than others, including the occupations of firefighter and police officer. Studies have shown that police officers are more susceptible to high blood pressure, heart disease, and heart attacks. The Minnesota Legislature has recognized the increased risks firefighters and police officers are exposed to in the course and scope of their job duties. As such, the legislature enacted Minn.Stat. 176.011, Subd. 15(b), which provides, in pertinent part:

If immediately preceding the date of disablement or death, an employee was employed on active duty with an organized fire or police department of any municipality, as a member of the Minnesota State Patrol, conservation officer service, state crime bureau, as a forest officer by the Department of Natural Resources, state correctional officer, or sheriff or full-time deputy sheriff of any county, and the disease is that of myocarditis, coronary sclerosis, pneumonia or its sequel, and at the time of employment such employee was given a thorough physical examination by a licensed doctor of medicine, and a written report thereof has been made and filed with such organized fire or police department, with the Minnesota State Patrol, conservation officer service, state crime bureau, Department of Natural Resources, Department of Corrections, or sheriff's department of any county, which examination and report negatived any evidence of myocarditis, coronary sclerosis, pneumonia or its sequel, the disease is presumptively an occupational disease and shall be presumed to have been due to the nature of employment.

What this means is that when an active duty firefighter, police officer, forest officer, correction officer, or sheriff suffers myocarditis, coronary sclerosis, or pneumonia, those diseases are presumed to be occupational diseases, so long as a pre-employment physical did not indicate any presence of those types of diseases.

Occupational diseases are covered under Minnesota Workers’ compensation, and victims of occupational diseases are eligible for medical benefits, wage loss benefits, permanency benefits, and rehabilitation benefits.

This statutory presumption, however, does not mean that the workers’ compensation insurance company will automatically admit liability when a firefighter or police officer has suffered a heart attack or other covered condition. In fact, in our experience, insurance companies tend to ignore the presumption all together. If they do recognize the presumption, the employer and/or insurer may still try to rebut the statutory presumption by arguing that the heart attack, myocarditis, coronary sclerosis, pneumonia, or myocardial infarction was caused by something other than work-related stress. Commonly they point to other factors, such as a history of smoking, poor diet, family history, non-work-related stressors, or obesity. If you’re a Minnesota firefighter, police officer, corrections officer, sheriff, or forest officer, and you've experienced a heart attack or other heart condition because of your work, you should consult an experienced workers’ compensation attorney to make sure you get the workers’ compensation benefits you are entitled to.

In addition to workers’ compensation benefits, including medical benefits, wage loss benefits, permanency benefits, and rehabilitation benefits, if the police officer or firefighter cannot return to his or her former occupation, there may be other benefits available. Additional benefits may include PERA, MFRA, or MSRS duty-disability pension benefits, and healthcare continuation benefits under Minn.Stat. 299A.465.

Meuser & Associates has successfully represented several police officers and firefighters who suffered work-related heart attacks in claims for workers’ compensation benefits, duty-disability benefits, and healthcare continuation benefits. Call us at 877-746-5680 or click here to send us an email to schedule a free consultation.

Visit our website at MeuserLaw.com!