Maine Lawmakers Advance Death Benefits Bill after DOT Workers Killed

Safety at Work

Augusta, ME (WorkersCompensation.com) – Legislators in Maine are pushing a bill to expand death benefits to family members of Department of Transportation worker killed on the job.

The legislation, LD 669, would make DOT employees eligible for the same benefits that firefighters, police officers and corrections officers are eligible for. Under the proposed legislation, the state will pay around $118,000 to the family of a DOT employee killed while working on the state’s highways, bridges, roads and other transportation infrastructure.

The legislation comes after two Maine DOT employees were killed in a fatal car crash in Waterville.

In January, three MaineDOT employees were working in a construction zone on I-95 when a minivan crashed into the construction are where they were working.

According to Maine State Police, MaineDOT had closed the traveling lane at the end of the southbound on-ramp from Kennedy Memorial Drive using cones and signs while crews worked in the area.

However, Samantha Tupper, 34, of Augusta, failed to stop her minivan and attempted to enter the passing lane on I-95. Doing so, police said, led her into traffic where she was hit by a tractor-trailer. The collision forced the minivan into the work zone, hitting the three Main DOT workers.

James Brown, 60, and Dwayne Campbell, 51, both of Waterville, were struck and flew over the bridge and onto Kennedy Memorial Drive, police said. Both died at the scene. A third worker was taken to the hospital for non-life-threatening injuries. Tupper was also taken to the hospital for non-life-threatening injuries, police said. Her two children, who were in the van with her, were not injured.

“There’s a lot of moving parts to this,” answered Lieutenant of Maine State Police Roderick Charette. “There’s a lot of different aspects that we’re looking at. Our job is to find the facts, piece them together, and have it reviewed. Traditionally on ramps do have a yield sign on the end of them, because this was a one-lane enclosure, traffic would have been required to stop and there was a posted stop sign there. It’s a temporary sign that D.O.T. put in place.“

Maine Gov. Janet Mills expressed in a statement her grief over the incident.

“Today, two public servants from MaineDOT tragically lost their lives while serving the people of Maine. Our hearts are with their families, loved ones, and all MaineDOT employees during this unimaginably painful time,” she said. “MaineDOT workers put themselves in harm’s way every day to keep our roads safe and our infrastructure strong. While we are still investigating the circumstances of this tragedy, I implore Maine people to slow down and give our road crews plenty of room.”

At the time, MaineDOT Acting Commissioner Dale Doughty said, “While working on Interstate 95 in Waterville today, two MaineDOT colleagues tragically lost their lives. Our hearts are broken, and our thoughts and prayers are with their families, loved ones, and coworkers during this unimaginable loss. These individuals were dedicated public servants who took great pride in keeping Maine’s roads safe for others. A third MaineDOT employee was injured in the incident and is undergoing medical treatment. We ask that they, their families, and the MaineDOT team be kept in your thoughts as we grieve together.”

The Maine House Labor Committee voted to advance the bill out of committee. Co-Chair state Rep. Amy Roeder (D-Bangor) said it was something she’d been considering prior to the crash.

“When you hear about a tragedy like this you keep thinking, ‘What can I do? I wish there was some way to help,’ and it just so happened that I had a way to help,” she said. “It felt like a no-brainer.” 

At a public hearing, Roeder read the written testimony from Tyler Brown, son and stepbrother to the two men killed in the crash. Tyler Brown also works for the Maine DOT and said he has now taken on his father’s bills and responsibilities, but the state has only paid $4,000 to each family for funeral costs. He expects another $3,000 when estate representatives are named.

“When someone dies, money is always going to be a factor, bills still need to be paid, things still need to be taken care of,” Brown told the Maine Morning Star. “If the State’s death benefit were amended to include highway maintenance workers like my Dad and Dwayne, that would be a huge benefit to have things covered. It would give us time to grieve and have that safety net.”

Andy O’Brien, spokesperson for Maine AFL-CIO, said the legislation is a needed change.

“I think this legislation is a long time coming,” O’Brien said. “It really recognizes the sacrifices that highway workers make and the dangers and risks of their jobs. Unfortunately, it took the tragic deaths of two MDOT members in Waterville to finally get this passed.”

O’Brien said the state need to work on making highways safer for workers, and to start by addressing speeding.

The bill now advances to the full Senate and House of Representative for votes.

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