ยง127-7 - Compensation, rights, privileges, and immunities.
ยง127-7ย Compensation, rights, privileges,
and immunities.ย No person engaged in actual disaster relief pursuant to
this chapter, including a volunteer whose services are accepted by any person
authorized by the director of disaster relief, shall be liable, civilly or
criminally, for any act or acts done by the person in pursuance of the person's
duty; provided that nothing herein shall preclude recovery by any person for
injury or damage sustained from the operation of any vehicle which may be
insured under section 41D-8, and the director is hereby authorized to insure
vehicles owned by the State or in the custody and use of the disaster relief
agency.
All persons, including volunteers whose
services have been accepted by persons authorized by the director, shall, while
engaged in the performance of duty pursuant to this chapter, including duty
performed during periods of training, be deemed state employees and shall have
the powers, duties, rights, and privileges of employees in the performance of
their duty.ย All persons who may otherwise be employees of the State or of any
political subdivision shall continue to receive the compensation they would
otherwise receive; and shall for the purposes of the employees retirement
system, or any applicable workers' compensation law be deemed to be engaged in
the performance of their ordinary duties.ย All other persons when engaged in
actual disaster relief, including volunteers whose services have been accepted
by persons authorized by the director, shall be entitled to compensation from
the State at the rate paid to jurors; provided this provision shall not be
construed to prohibit the contracting for medical or other technical services
at higher rates of compensation.ย Further, in case of injury or death arising out
of and in the performance of duty pursuant to this chapter, including duty
performed during periods of training, such persons or their dependents shall be
entitled to all of the benefits provided in chapter 386, including medical
services and supplies; provided that for the purposes of the benefits, average
weekly wages shall be computed upon the basis of earnings from the usual
employment of such persons.ย The cost thereof shall be a charge upon the state
insurance fund.ย Nothing herein shall affect the right of any person to receive
any benefits or compensation under any act of Congress. [L 1949, c 320, ยง9; RL
1955, ยง358-8; HRS ยง127-7; am L 1975, c 41, ยง1; gen ch 1985; am L 1992, c 87,
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