California Firefighter Killed in Bulldozer Rollover Near Yosemite – Workers’ Compensation Death Benefits Explained

• Jul 17, 2018
• Blog
• Michael Burgis & Associates, P.C

Lives of firefighters are put on the line during devastating wildfires in California every summer. Workplace accidents in these circumstances are not surprising because of the unpredictability and speed of wildfires.

This year’s blazes have already claimed the life of one firefighter, and flags in California’s capital are flying at half-staff in honor of the deceased man.

The Fatal Bulldozer Rollover Near Yosemite

Authorities report that a 36-year-old firefighter was operating a bulldozer not far from Yosemite National Park when he suffered fatal injuries on a recent Saturday.

According to reports:

• He was using the bulldozer to establish a fire break to stop the spread of flames.
• During the operation, the bulldozer rolled over.
• The massive machine landed on him, causing crushing, traumatic injuries that led to his death.

The fire chief explained that the man had been working through the night since the fire broke out on Friday evening. Fatigue may have played a role in his attempt to exit the burning area when the incident occurred.

Officials said the firefighter followed in his father’s footsteps — his father was a heavy equipment operator for CalFire. He had served as a firefighter for 10 years before this tragic accident.

Cal/OSHA Investigations in Fatal Accidents

All workplace fatalities in California, including firefighter deaths, trigger a Cal/OSHA investigation.

Investigation Scope

• Accident Cause: Whether rollover occurred due to terrain hazards, fatigue, or lack of safety procedures.
• Employer Compliance: With the Injury and Illness Prevention Program (IIPP) required by Labor Code §6401.7.
• Safety Training: Heavy equipment operation, fatigue management, and wildfire terrain procedures.
• Machine Safety: Compliance with guarding and rollover protection standards.

OSHA Violation Classifications

• General: Minor, unlikely to cause serious harm.
• Serious: High probability of death or severe injury.
• Willful: Employer knowingly ignored standards.
• Repeat: Similar past violations.

For fatal accidents, penalties may range from $18,000 to $ 150,000 or more, depending on the severity.

State vs Federal Role

California operates under Cal/OSHA, which is stricter than federal OSHA. In firefighter fatalities, Cal/OSHA often collaborates with federal wildfire safety agencies to review protocol compliance.

Firefighter-Specific Occupational Hazards

Firefighters face extreme hazards beyond flames. This bulldozer rollover is classified under OSHA’s “Fatal Four” accident categories:

• Caught-in/between accidents: Machinery rollovers, entanglements.
• Falls: From elevated fire lines, ladders, or helicopters.
• Struck-by incidents: Falling trees, debris, or collapsing structures.
• Electrocutions: Downed power lines during wildfires.

Other unique hazards include:

• Heat exhaustion & stroke from extended exposure.
• Smoke inhalation increases the risk of COPD, asthma, and occupational cancer.
• Fatigue-related accidents: Extended shifts drastically raise accident risks.

Historical Context: Firefighter Fatalities in California

Unfortunately, this tragedy is not an isolated incident.

• In 2018, during the Carr Fire, a CalFire heavy equipment operator died when flames overran his bulldozer.
• In 2020, another California firefighter died in a bulldozer accident while cutting containment lines.
• Nationwide, the U.S. Fire Administration (USFA) reports 60–70 firefighter deaths annually, with many linked to vehicle rollovers, cardiac events, and entrapments.
• The Census of Fatal Occupational Injuries (CFOI) confirms that California consistently ranks among the highest states for firefighter fatalities due to its intense wildfire seasons.

These cases demonstrate that bulldozers and heavy machinery used in wildfire containment pose a recurring hazard.

Workers’ Compensation Death Benefits in California

Families of firefighters killed in the line of duty are entitled to death benefits under California Labor Code §§4700–4709.

Benefits Available

1. Burial and Funeral Expenses
   • Up to $10,000 for funeral/burial costs.
2. Dependency Benefits
   • Total Dependents (spouse, children) receive weekly wage replacement.
   • Partial Dependents (elderly parents, siblings, other financially supported relatives) may qualify.
3. Duration of Benefits
   • Children: Until age 18 (or longer if disabled).
   • Spouse with children: Until the youngest child turns 18.
   • Spouse without children: Until remarriage.

Filing Deadlines

Under Labor Code §5406, families must generally file claims within one year of the worker’s death.

Additional Public Safety Officer (PSO) Benefits

In addition to workers’ comp, firefighter families may qualify for Public Safety Officer (PSO) benefits, which can include:

• Federal PSO death benefits for line-of-duty fatalities.
• Education benefits for surviving spouses and children.
• State-level firefighter memorial funds.

These benefits often supplement workers’ comp and can provide added financial stability.

Workers’ Compensation Appeals Board (WCAB)

If benefits are delayed, denied, or underpaid, families can turn to the WCAB:

• Function: Judicial body hearing workers’ comp disputes.
• Authority: Can order insurers to pay full statutory benefits.
• Need for Representation: Insurers may minimize payouts; legal counsel ensures families secure what they are entitled to.

Third-Party Liability

While workers’ comp is typically the exclusive remedy, some cases allow families to pursue third-party lawsuits:

• Defective bulldozer or safety equipment → manufacturer liability.
• Negligent contractors managing wildfire operations.
• Unsafe property hazards from third parties.

These lawsuits allow for recovery of pain, suffering, and non-economic damages, which workers’ compensation does not cover.

Why Legal Help Is Critical

The workers’ compensation death benefit system is a complex one. Families grieving a firefighter’s loss often face insurers who delay or minimize payouts.

An attorney can:

• File for burial and dependency benefits under Labor Code §§4700–4709.
• Represent families before the WCAB.
• Pursue third-party negligence claims.
• Secure PSO supplemental benefits.

At Michael Burgis & Associates, we specialize in protecting families after workplace tragedies, including line-of-duty firefighter deaths.

Frequently Asked Questions (FAQs)

1. Do firefighter families get extra benefits beyond workers’ comp?

Yes. In addition to workers’ comp, families may qualify for Public Safety Officer (PSO) benefits, memorial funds, and federal programs.

2. How much does workers’ comp pay for funeral expenses?

California provides up to $10,000 in burial/funeral expenses.

3. How long do death benefits last?

Children receive benefits until they turn 18 (or longer if they are eligible due to a disability). Spouses may receive until remarriage, depending on dependency status.

4. Are firefighter fatalities investigated by Cal/OSHA?

Yes. Fatalities must be reported within 8 hours, triggering a mandatory Cal/OSHA investigation.

5. What if my loved one was undocumented?

Immigration status does not affect entitlement — families of undocumented workers can still receive benefits.

6. Can OSHA fines increase family compensation?

No. OSHA fines penalize employers but do not impact benefits. Compensation is provided through workers’ compensation and PSO programs.

7. What if my claim is denied?

Families can appeal through the WCAB with the assistance of a lawyer.

8. How long do I have to file a claim?

Under Labor Code §5406, claims must generally be filed within one year of death.

Get Legal Help Today

If your family has lost a loved one in a firefighting or workplace accident, you deserve justice and financial protection.

At Michael Burgis & Associates, we:

• File for workers’ comp death benefits.
• Secure PSO supplemental benefits.
• Represent families in WCAB appeals.
• Investigate third-party liability claims.

Free consultations
No upfront fees
Proven record in death benefit and wrongful death cases

Contact us today to protect your rights and secure the compensation your family deserves.

The bulldozer rollover near Yosemite highlights the deadly risks firefighters face in California’s wildfire battles. While Cal/OSHA investigates and enforces safety, it is the workers’ compensation system and supplemental PSO benefits that provide direct relief to grieving families. With skilled legal guidance, families can ensure they receive the full benefits and justice to which they are entitled.