State considers expanding death benefits for government workers

Feb. 24--BOSTON -- Spouses and children of police officers, firefighters and paramedics killed in the line of duty have for years been entitled to a generous package of death benefits from the state, including a $150,000 payout.

Several lawmakers want to extend those payments to families of other state and local government employees killed as a result of their work.

Union leaders backing the initiative say it's a matter of fairness.

"We're simply asking the Legislature to recognize that when it comes to losing your life on the job, everyone is equal," said Jim Durkin, legislative director for the Massachusetts chapter of the American Federation of State, County and Municipal Employees, which represents 35,000 government workers. "Everyone has paid the same price."

Legislation filed by Rep. Jay Livingstone, D-Boston -- and backed by lawmakers including Reps. Frank Moran and Marcos Devers, both Lawrence Democrats -- offer the one-time $150,000 payment as a death benefit to the families of any state or local government worker.

"Obviously police and firefighters have very dangerous jobs, but there are other jobs in the commonwealth that have, unfortunately, resulted in deaths on the job. And those families also deserve compensation," Livingstone said.

At least 55 government workers died on the job from 2007 to 2013, according to the state's Occupational Health Surveillance Program. They include police and firefighters but also other government workers, such as public works employees. Causes of death ranged from industrial accidents and homicide to car crashes and work-related illness.

Those killed included Marie Stewart, a 71-year-old crossing guard from Everett, who died after being struck by a truck while on the job in 2012. Carlos Tabares, 55, a New Bedford mechanic, was killed when he was crushed by a vehicle in 2013.

Supporters of the measure say families of government workers killed on the job face myriad financial hardships.

In 2014, a Natick public works employee was killed while working with a crew making emergency repairs to a broken water main.

Mike McDaniel, 48, left behind a wife and 9-year-old daughter, and wasn't eligible for state death benefits despite having worked for the town for more than 26 years, according to news reports at the time.

Town Meeting voters last spring approved a $150,000 allocation in his honor to be deposited in an education fund for his daughter.

But Durkin said McDaniel's family spent months putting together enough money for funeral expenses and other costs.

"We think there is something fundamentally wrong with that," he said.

McDaniel's death prompted Rep. David Linsky D-Natick, to file legislation extending state death benefits to local public works employees. His proposal is scheduled to be heard by a committee on Wednesday.

"If someone is killed in the line of duty -- not matter what they are doing -- they're killed in the line of duty," said Karen Spilka, D-Ashland, chairwoman of the Senate Ways and Means Committee, and a co-sponsor of Linsky's bill in the Senate.

Spilka said there will be limitations on what kinds of cases are eligible for compensation, and details are still being worked out. "If someone is shot or hit by a truck on the job, that's a lot different from dying of a heart attack at work," she said.

Spilka has filed a separate measure making state Department of Transportation employees eligible for the $150,000 payout if they are killed in the line of duty. She said several proposals to extend death benefits may be bundled into one piece of legislation.

The push to expand death benefits, which is also backed by the state's largest labor organization, Massachusetts AFL-CIO, has so far drawn little opposition on Beacon Hill despite the potential financial impact.

In addition to a $150,000 payment, families of police officers and firefighters killed in the line of duty are entitled to other benefits such as counseling, college tuition assistance, tax exemptions and additional payouts. Those benefits would not be offered under any of the current proposals.

Meanwhile, lawmakers are also considering whether to expand benefits for the families of emergency responders. A bill -- backed by Reps. Paul Tucker, D-Salem, Diana DiZoglio, D-Methuen and Jerald Parisella, D-Peabody -- would increase the payment for spouses of police officers, firefighters and paramedics to $250,000.

Christian M. Wade covers the Massachusetts Statehouse for CNHI's newspapers and websites. Reach him at cwade@cnhi.com

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