REALITY OF INJURIES_ILLNESS & DEATH
The potential long term effects of injuries or illnesses related to services or exposure at an emergency or disaster event can be devastating.
“I’m Just Sayin”!
We’ve got your back: If you’re injured or become ill while in the performance of your services) during operational phases of response and recovery, medical treatment and services are provided to victims and responders alike.
As responders/workers, we would believe that in the course of our duties that exposures, to contaminants and injuries sustained in an emergency/disaster event would most assuredly be medically covered and supported.
Not so fast!
In a scenario, I entered into a hazardous environment while responding. Ultimately I’m found to have been exposed to hundreds or thousands of contaminants. In a matter of just months, I came down with serious health issues and am diagnosed with a rare cancer. In the process of seeking treatment, coverage is denied as insufficient evidence exists proving such exposures caused the cancer.
Logic and rational thought would all but point to my exposures as causes for my illness and cancer. The questions for medical coverage for my illnesses would linger for years with denial and indecision. Eventually savings and home would be lost.
The above was a fairly common scenario for many responders following the attacks on 911. Many lost everything and a significant number ultimately lost their lives and lives are being lost still.
DUST to DUST:
A remarkable documentary outlining some of the significant failures that occurred during and following the 9-11 attacks in New York. Covering everything from failed and miscommunications made by officials, as well as negligence and incompetency of the system as a whole. More importantly, it focused on the deadlock over health and benefit coverage for the hundreds of responders who perished and thousands who have (and continue) to suffered with the illnesses associated with their exposure to the hazardous materials and matter.
They Told Us It Was Safe: It was at best a rush to reach a decision and at worst a blatant lie.
A week following the September attacks in 2001, then Director of the Environmental Protection Agency, Christine Todd Whitman issued statements that the air was safe to breath, the water safe to drink.
It took fifteen years (15) before Ms. Whitman would issue an apology in an interview with the Guardian in 2016.
“I’m very sorry that people are sick,” she said. “I’m very sorry that people are dying and if the EPA and I in any way contributed to that, I’m sorry. We did the very best we could at the time with the knowledge we had.”
SOME TRUTHS BEHIND GETTING BACK TO NORMAL:
Following any significant event, there are political decisions that are made which will seem to circumvent the need for safety of Responders as a priority.
Efforts and decisions have been made to act in hast to get things “back to normal”. While in New Orleans performing a field inspection, we actually came across a woman taking the time to pick up after her dog, amidst the debris, mud and damage that surrounded her. Although we never spoke, we assumed it was her way of saying; I’ll start here, to get back to normal.
One of the largest parts of bringing things back to normal is survival of the local or regional economy. Sometimes, there’s collateral damage.
Unfortunately there will be a rush to bring business and the financial markets back online quickly. Sometimes too quickly! The attacks on 9-11 in New York demonstrated the hast to bring the financial market, back on line, sometimes at the cost of responders’. The COVID-19 (Corronavirus) Pandemic. COVID-19 is quite unique in the rush to bring us back to so-called normal. This is because it is an on-going event with worldwide impact.
Health Coverage:
From 2001, it had taken more than 10 years for insurance coverage to recognize that responder’s exposure to the great number of carcinogens and hazardous materials caused many illnesses and cancer(s). There were pushes for legislative changes to address the need for coverage and treatment.
The James Zadroga Act finally passed and was enacted by President Obama in December of 2010. The act provides testing and treatment for other survivors of the 9-11 attacks. For many this act came far too late.
REF: if you would like an insightful perspective on how decisions are sometimes made regarding treatment and Medical Care of responder’s/workers following exposure in a significant event watch the Sundance Channel documentary film: “Dust to Dust – The Health Effects of 911.
In 2015, the Zardroga Act (The 9/11 Victim Compensation Fund) was funded through 2020. In an unprecedented show of public support John Stewart, the former host of the Daily Show chastised the House Judiciary Committee and pushed for extensions on 9/11 victim compensation, helped lead to the passage of funding for an additional seventy five (75) years. It did however take a fight to get the right thing done.
Professional Responders Minimal Benefits Coverage’s:
The following is a sample of the limited benefit coverage that supports first responders.
“National Responder Health Program “
A program of health contract services, aiding responders from the 9-11 attacks who responded from outside the NY Greater metropolitan area.
Hometown Heroes Survivors Benefit Act: As defined by the U.S. Fire Administration recognizes benefits to be covered for on-duty fire services fatalities. (Please refer to the U.S. Fire Administration definitions and explanations)
What transpired with the 9-11 attacks is representative of most disaster events, contrary, most of them can include all appropriate coverage’s without long and drawn out red tape.
It would appear that the smaller an event and if it gets a good deal of media attention, the wheels seem to turn a little faster.
The more efficient media coverage and services provided for smaller events still only focuses on primarily fire-rescue personnel. Workers’ Compensation Program coverage may be in place for those who were approved to participate in an event by private industry, local, state or federal governments. These individuals should be recognized as affiliated volunteers and that the necessary documents were on file to support their affiliation.
Workers’ compensation claims can be cumbersome under even the simplest of circumstances. If you throw in working in a disaster event, the wheels will likely turn a little slower.
In addition to legislation under extraordinary events, there are a few general programs that cover primarily fire-rescue service personnel and their families.
Hey What About The Rest of Us?: Yes there is a huge void in coverage for other Responders outside the fire service.
Liability and Releases:
Becoming actively involved in identifying benefits for any possible sustained injury or illness is part of your -self preservation.
Ask to see the written policies covering a disaster event and your role. If they don’t exist, you’re likely not covered and may struggle with lifelong injuries or illnesses on your own.
Then there is the issue of your potential liability. It’s rare but it does happen. Legal suits against Responders do occur. Suits for actions occurring while you are helping during a disaster are something you would never imagine seeing. Liable suits can and will occur. Anyone can file a lawsuit (if it will be heard) against anyone else. Nothing is a guarantee against being sued.
Are you covered from legal liability? Most government entities and varied NGO’s such as the American Red Cross, the Salvation Army, etc., seem to have fairly strong support mechanisms for legal liability for its workers and volunteers.
Community Emergency Response Team (CERT), Liability Guide: http://www.fema.gov/cert-liability-guide
CERT programs must be affiliated with or sponsored by a local government agency, follow sound risk management practices. A number of cities or municipalities, CERT, Auxiliary Police and Auxiliary Fire volunteers are sworn in as emergency management and can be indemnified to claims as would full time city employees and may be covered under a state EMA. Such individuals may be recognized under a form of a state’s workers compensation for volunteers, but coverage’s may be quite small Neither the law nor insurance provides absolute protection to CERT programs and their members.
Disaster Volunteer Liability Fact Sheet from California’s Office of Emergency Services (OES), Title 19, CCR: Can a volunteer be sued for actions occurring while they are helping during a disaster? According to the California OES “Registered Disaster Service Workers (California) and volunteers for non-profit organizations and government can not be held liable for their actions during a disaster while acting within the scope of their responsibilities. However, they are not protected if their actions were “willful” or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights and safety of the individual harmed by the volunteer. They are also not covered if they are operating a vehicle that causes damage.
Volunteer Protection Act of 1997 – P.L. 105-19, Sec. 4:
VOLUNTEER PROTECTION ACT OF 1997
Public Law 105-19 / 105th Congress
An Act to provide certain protections to volunteers, nonprofit organizations, and governmental entities in lawsuits based on the activities of volunteers. NOTE: June 18, 1997
http://www.gpo.gov/fdsys/pkg/PLAW-105publ19/html/PLAW-105publ19.htm
Please refer to the above mentioned act, as it does provide some safe guards for volunteers in times of disaster.
Releases: Many volunteer organizations, local governments or groups are more likely now to ask volunteers to sign releases of liability, holding them harmless should you become injured or ill, as a result of serving in a responder capacity.
What happens then? Signing a release of liability can surely change how and when volunteers choose to become involved. “ASK” for those coverage’s that will ensure your well being and the well being of your families.
Besides 9-11, the massive failures in protecting or supporting responders have been seen through other events.
In 2013, Colorado Wild Fires claimed the lives of nineteen (19) volunteer fire fighters (Hot Shots). This tragedy revealed a failure to provide support to the families of those lost.
In the terrorist attack at Ft. Hood, Texas, where Major Nidal Malik Hasan killed 13 and injured more than thirty (30) others. This horrific act was not recognized as a terrorist attack. Instead, it was deemed “Work Place Violence” which negated coverage as service connected losses. As of Mid-November 2013, the Army was considering reclassifying this event as an act of “International Terrorism” which would award Purple Hearts and associated benefits to those killed or injured.
Other examples of exposures to Responders were seen following the Deep Water Horizon Oil Spill involving B.P. That disaster clean-up workers’ exposed to high levels of dispersants that when mixed with oil becomes fifty (50) times more toxic than by itself. Workers spoke of a lack of available Personnel Protective Equipment (PPE), or Material Data Safety Sheets (MSDS), which provide details about chemicals and how exposures may impact personnel.
From the Personal Touch to Out of The Picture:
For the most part, we are aware that there exist levels of comfort and security on an inter-personal level. We may maintain comradery with others we work with on a daily basis, or even closely during an event. There is a disconnect when one leaves the comfort of the immediate interaction with others.
When one leaves a job or position because of injury or illness, the friendships or personal bonds we’ve made tend to fade over time. The people up the ladder may not know you personally at all. That being said, when someone in an emergency/disaster event becomes ill or is injured, they of course would be treated, stabilized and when appropriate return home (if it’s still there).
After the initial shock breaks, the “personal touch” of interaction appears to dwindle and vanish. We become a name on a roster or an identifiable entry in a report. This loss of being recognized on a personal level is not affecting just those from an emergency or disaster event. Such personal separation occurs in normal work environments and in some instances when individuals separate from organizations, groups, the military, etc. It’s the premise that “Life goes on”.
In addition to losing the inter-personal interaction, the injured or ill individual may feel isolated and distant from workers, friends and family.
