BRYAN, Texas (KBTX) - The City of Bryan and Bryan Firefighters Association continue to go back and forth on what happens if a first responder gets COVID-19.
“We are coming in contact on a daily basis, multiple times to positive COVID-19 patients,” said Daniel Buford with the Bryan Firefighters Association.
Buford believes state law protects first responders when they are exposed to COVID-19. Texas Government Code 607 covers “tuberculosis or other respiratory illness.”
In a statement Wednesday, the City of Bryan says they disagree stating, “Recently, the Bryan Firefighters Association president has made public statements that State Law, specifically Texas Government Code 607, mandates that COVID-19 exposures are presumed to be covered as on-the-job illnesses or injuries for City of Bryan firefighters and first responders. Contrary to these statements, Texas law does NOT state that COVID-19 is automatically presumed to have been contracted on the job.”
The city says Texas Workers’ Compensation covers an exposure and they will continue to follow that process.
Stuart Lewis with Law Offices of Stuart F. Lewis is a workers compensation attorney.
“I think the stronger case is on behalf of the firefighters,” said Lewis.
Lewis says although the statute does not specifically state it covers COVID-19, there is a strong argument to be made.
“The operative language is does COVID-19 qualify as an illness of the lungs or respiratory tract. That’s pretty broad, and I think probably the stronger argument is COVID-19 is considered that. Ultimately, it may require the interpretation of the court,” said Lewis.
City officials say if the state legislature changes the law, they would comply with it.
Buford says they’ll continue working toward their goal.
“We challenge our administration to hang up that suite and tie put a helmet on and come ride a rig. We challenge our city managers office to come step in an ambulance and ride out a shift with us, and our elected officials come join us on the front lines to see what we’re being exposed to,” said Buford.
No Bryan firefighters have tested positive for COVID-19 yet, but when they do they say they will file worker’s compensation claims.
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Lawyer weighs in on workers' compensation issue between City of Bryan and first responders - KBTX
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