This text of Louisiana § 48:2211 (Financial security for surviving spouses and children of employees; death due to) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§2211. Financial security for surviving spouses and children of employees; death due to
hazardous situation; liability waiver
A. It is hereby declared to be the public policy of this department to provide for the
financial security of surviving spouses and children of department employees when a
department employee suffers death as a result of any injury arising out of a hazardous
situation and in the course and scope of performing official duties as an employee of the
Department of Transportation and Development.
B.
(1)In any case in which a department employee suffers death as a result of an
injury arising out of a hazardous situation in the course and scope of performing his official
duties as a department employee, and the death is not the result of an intentional act, the sum
of one h
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§2211. Financial security for surviving spouses and children of employees; death due to
hazardous situation; liability waiver
A. It is hereby declared to be the public policy of this department to provide for the
financial security of surviving spouses and children of department employees when a
department employee suffers death as a result of any injury arising out of a hazardous
situation and in the course and scope of performing official duties as an employee of the
Department of Transportation and Development.
B.(1) In any case in which a department employee suffers death as a result of an
injury arising out of a hazardous situation in the course and scope of performing his official
duties as a department employee, and the death is not the result of an intentional act, the sum
of one hundred thousand dollars shall be paid to the surviving spouse of the department
employee, provided neither spouse has instituted a divorce proceeding. In the event the
deceased employee leaves no surviving spouse, or if either spouse has instituted a divorce
proceeding, the department shall pay the sum of one hundred thousand dollars to the child
or children of the deceased employee. In the event the deceased employee leaves no
children, the department shall pay the sum of one hundred thousand dollars to the named
beneficiary listed on the department employee's beneficiary form. In the event there is no
named beneficiary, the department shall pay the sum of one hundred thousand dollars to the
estate of the deceased employee.
(2) As a result of the named beneficiary provision in Paragraph (1) of this
Subsection, each department employee shall complete a beneficiary form.
C. Payment shall be made out of the Transportation Trust Fund. However, no
payment shall be made pursuant to this Chapter unless the recipient of the survivor benefits
signs all required documents waiving all rights to file suit against the department and
releasing the department from any and all liability for the employee's death.
D. The department shall promulgate rules under the Administrative Procedure Act
as necessary to implement the provisions of this Chapter.