Last legislative session bills were introduced in an effort to provide assistance to first responders suffering from post-traumatic stress injury or PTSI. The League believes post-traumatic stress injury is a serious illness that should be addressed from a prevention perspective first and foremost. However, previous bill language would have created an uninsurable workers’ compensation benefit, leading to extremely high insurance premiums and a diversion of local tax dollars.
Senate Bill 365 Summary
Senate Bill 365 (PN 975), introduced by Senator Camera Bartolotta, would amend the Workers’ Compensation Law easing first responders’ access to receive a post-traumatic stress injury (PTSI) benefit if it is established that the injury resulted from a working condition and that it was sustained in the course and scope of the individual’s employment.
Under this bill, injuries must be based on the assessment and diagnosis by a licensed medical or mental health professional. Claims must be filed within three years of the date of diagnosis. Injuries diagnosed after the last date of employment shall not prohibit a claim against the employer at the time of first responder’s direct exposure. Finally, a PTSI caused by an employment action is not compensable.
First responders would be defined as an EMS provider, professional or volunteer firefighter, a State Police Officer or a peace officer.
House Bill 1632 Summary
House Bill 1632 (PN 1916), introduced by Representative Jennifer O’Mara, would amend the Workers’ Compensation Law easing first responders’ access to receive a post-traumatic stress injury (PTSI) benefit.
A claim for a PTSI benefit must establish that the injury was the result of the employee experiencing a qualifying traumatic event(s) sustained in the course and scope of the individual’s employment. The list of qualifying traumatic events include incidents:
- Resulting in serious bodily injury or death to any person;
- Involving a minor who has been injured, killed, abused or exploited;
- Involving an immediate threat to life of the claimant or another individual;
- Involving mass casualties; and
- Responding to a crime scene for investigation.
Under this bill, injuries must be based on the assessment and diagnosis by a licensed psychologist or psychiatrist. Claims must be filed no later than three years after the date of diagnosis and the bill would limit retroactive claims for injury to five years prior to the bill’s enactment. Injuries diagnosed after the last date of employment shall not prohibit a claim against the employer at the time of first responder’s direct exposure to the qualifying traumatic event. Finally, a PTSI caused by an employment action is not compensable.
First responders would be defined as an EMS provider, professional or volunteer firefighter, a State Police Officer or a peace officer.