Texas Labor Code 504.055 – Expedited Provision of Medical Benefits for Certain Injuries Sustained by First Responder in Course and Scope of Employment
Text of subsection effective until January 01, 2025
(a) In this section, “first responder” means:
(1) an individual employed by a political subdivision of this state who is:
(A) a peace officer under Article 2.12, Code of Criminal Procedure;
(B) a person licensed under Chapter 773, Health and Safety Code, as an emergency care attendant, emergency medical technician, emergency medical technician-intermediate, emergency medical technician-paramedic, or licensed paramedic; or
(C) a firefighter subject to certification by the Texas Commission on Fire Protection under Chapter 419, Government Code, whose principal duties are firefighting and aircraft crash and rescue; or
(2) an individual covered under § 504.012(a) who is providing volunteer services to a political subdivision of this state as:
(A) a volunteer firefighter, without regard to whether the volunteer firefighter is certified under Subchapter D, Chapter 419, Government Code; or
(B) an emergency medical services volunteer, as defined by § 773.003, Health and Safety Code.
Text of subsection effective on January 01, 2025
Terms Used In Texas Labor Code 504.055
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Effects: includes all personal property and all interest in that property. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(a) In this section, “first responder” means:
(1) an individual employed by a political subdivision of this state who is:
(A) a peace officer under Article 2A.001, Code of Criminal Procedure;
(B) a person licensed under Chapter 773, Health and Safety Code, as an emergency care attendant, emergency medical technician, emergency medical technician-intermediate, emergency medical technician-paramedic, or licensed paramedic; or
(C) a firefighter subject to certification by the Texas Commission on Fire Protection under Chapter 419, Government Code, whose principal duties are firefighting and aircraft crash and rescue; or
(2) an individual covered under § 504.012(a) who is providing volunteer services to a political subdivision of this state as:
(A) a volunteer firefighter, without regard to whether the volunteer firefighter is certified under Subchapter D, Chapter 419, Government Code; or
(B) an emergency medical services volunteer, as defined by § 773.003, Health and Safety Code.
(b) This section applies only to a first responder who sustains a serious bodily injury, as defined by § 1.07, Penal Code, in the course and scope of employment. For purposes of this section, an injury sustained in the course and scope of employment includes an injury sustained by a first responder providing services on a volunteer basis.
(c) The political subdivision, division, and insurance carrier shall accelerate and give priority to an injured first responder’s claim for medical benefits, including all health care required to cure or relieve the effects naturally resulting from a compensable injury described by Subsection (b).
(d) The division shall accelerate, under rules adopted by the commissioner of workers’ compensation, a contested case hearing requested by or an appeal submitted by a first responder regarding the denial of a claim for medical benefits, including all health care required to cure or relieve the effects naturally resulting from a compensable injury described by Subsection (b). The first responder shall provide notice to the division and independent review organization that the contested case or appeal involves a first responder.
(e) Except as otherwise provided by this section, a first responder is entitled to review of a medical dispute in the manner provided by § 504.054.