A year after Pennsylvania Gov. Josh Shapiro signed it, a new law will take effect that is intended to make it less of a challenge for first responders to get workers’ compensation benefits for post-traumatic stress injury (PTSI) caused by their job than it is now.
Under the current law, first responders have the burden of proving that “objective abnormal working conditions” caused their PTSI. However, the events that can be part of a “normal” day for a first responder can be traumatic. First responders are often present at what can turn out to be the worst day in a person’s life – from the death of a family member to the loss of a home in a fire to a car crash that leaves them or a loved one permanently disabled.
More about the change in the law
Under Act 121, which takes effect on Oct. 29 of this year, police officers, firefighters, paramedics and emergency medical services (EMS) workers can qualify for benefits both for PTSI caused by a single event or cumulative trauma, even if they didn’t suffer physical injuries, as long as the diagnosis of PTSI is made by a licensed psychologist or psychiatrist. The law also applies to volunteer firefighters and EMS workers.
“Qualifying traumatic events” include incidents or “exposures” involving the/a:
- Serious injury or death of someone
- Immediate deadly threat to the first responder or someone else
- Abuse, exploitation, injury or death involving a minor
- Mass casualty event
The law allows retroactive claims for incidents that occurred within the past five years of the date the law takes effect. Going forward, the statute of limitations for filing PTSI workers’ comp claims is three years after a first responder is diagnosed.
States like Pennsylvania are slowly but surely starting to make adjustments in their workers’ comp laws to recognize the serious emotional toll a first responder’s job can take on them. Making it easier to get the treatment can literally save lives.
This doesn’t mean a first responder may not still meet with resistance or delay. There are times when it can be worthwhile to get legal guidance to help facilitate workers’ comp benefits to cover mental health care, reimbursement for lost wages and more.