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Hometown Heroes Act of 2003
Congress
passed the Hometown Heroes act in 2003. Basically, the act says
that if a public safety officer (police, fire, paramedic) dies
as the “direct and proximate result of a heart attack or
stroke” while on duty or within 24 hours of having been
on duty that death COULD be treated as a line of duty death.
The act sets forth the circumstances that will be used to determine
if it would qualify. The officer has to have “engaged in
a situation, and such engagement involved non-routine stressful
or strenuous physical law enforcement, fire suppression, rescue,
hazardous material response, emergency medical services, or other
emergency response activity, or participated in a training exercise
which involved non-routine stressful or strenuous physical activity”.
The
main reason I wanted to bring this to people’s attention
is the part about something happening within 24 hours of being
on duty. If one of us has a heart attack and dies while on duty,
I don’t think there will be much question
as to whether it’s a line of duty death. However, it’s not hard
to imagine it happening while we are off duty and no one looking into it being
line of duty related. The implications are potentially huge if the death is
treated as “line of duty”. The current pay out from the Federal
government for a line of duty death is $295,194.00 (tax free). In addition,
the state of WI also has some benefits that kick in for line of duty deaths.
The largest one is that tuition and fees for surviving children and spouses
are waived at any of the 16 campuses that are part of the University of Wisconsin
system (and also at state-supported vocational/technical schools that are part
of the Technical College system). To be eligible for the waiver, children have
to have been under the age of 21 (or in utero) at the time of death. The waiver
is for up to 5 consecutive years for the Univ. of WI schools and for up to
3 consecutive years at the technical schools. For a full listing of Federal
and state benefits you can go to the “Concerns of police survivors” website
and look in the “reference material-benefits” section.
Given all
of the above information, what I would propose we do is try to
make some minimal documentation when we engage in activities
that could be viewed as “non-routine
stressful or strenuous physical activity”. I’m sure we’ve
all helped a citizen push a car off the road, helped pick someone up (assist
fire, detox conveyance etc), or done some other activity which got your heart
rate up, where we wouldn’t normally do a report. One easy way would be
to just draw a case number, no report it, and add a few lines in the comments
such as “assist citizen, helped them push a car off the road approx 50
feet, plate number xxx111”. At least that way if you did suffer a fatal
heart attack off duty someone could pull up your activity on the mdt and see
something we could pursue. This isn’t meant to suggest you “blow
your own horn” or write yourself up for a commendation. It’s just
something minor we could do that potentially could prevent your family losing
out on a lot of money and benefits that they were entitled to. Obviously any
claim under this act would still have to be reviewed by someone in the federal
government and if it didn’t fit the guidelines it would be rejected.
Given that, it doesn’t hurt to have the documentation there and make
the claim if it seems to fit. When you consider what it could cost your family
by not taking that extra few minutes to add a call note, it’s not a big
deal.
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