Update: Workers’ Comp Law Will Allow Compensation for Post-Traumatic Stress

So-called “mental-mental” workers’ comp claims, where a purely mental stress causes a mental injury, are some of the most difficult types of cases to prove under Pennsylvania Workers’ Compensation law. In order to be successful on this type of claim, an injured worker must show that they were subject to an abnormal working condition. This restrictive element of proof has historically made it very difficult for claimants to be successful obtaining compensation for mental injuries, such as anxiety, depression, or post-traumatic stress disorder.

This was especially true for first responders such as police and EMS workers, who might be called upon to respond to a horrific scene, but their arrival at that scene would universally be found to be a normal working condition for a first responder. Thus, first responders who did suffer from post-traumatic stress injuries due to their work would not typically be able to obtain wage loss or medical benefits.

The Pennsylvania Legislature has now taken steps to fix that loophole. Senate Bill 365 was signed into law by Governor Shapiro on October 29, 2024, becoming Act 121 of 2024. Act 121 provides for compensation for post-traumatic stress injuries for first responders. It does not take effect, however, until October 29, 2025.

The new law defines first responders as an emergency medical services (EMS) provider who is an active volunteer, employee, or member of an EMS company or fire company, a State Police officer, or a peace officer who responds to emergency calls. Did you know that even volunteer EMS and firefighters can obtain wage loss benefits if they are injured in the course of their duties, whether or not they have another paying job? That is a topic for another day, but it is true that emergency volunteers are already covered by workers’ compensation.

Instead of having to prove an abnormal working condition, the new law specifically providers that “[a] post-traumatic stress injury suffered by a first responder shall not be required to be the result of an abnormal working condition to be a compensable injury under this act.” Section 301(g)(1).

The law defines a “qualifying traumatic event” as an incident or exposure: (1) resulting in serious bodily injury or death to an individual; (2) involving a minor who has been injured, killed, abused or exploited; (3) involving an immediate threat to the life of the claimant or another individual; (4) involving mass casualties; or (5) responding to crime scenes for investigations. If the first responder, in the course of their duties, suffers a post-traumatic stress injury as a result of a qualifying event, then the claim should be granted. The new law limits such claims to the period of the post-traumatic stress injury, but not for more than two years (104 weeks). The diagnosis must be made by a licensed psychologist or psychiatrist (interestingly, licensed clinical social workers are not mentioned as being qualified to diagnose), and the claim must be filed no later than three years after the date of such diagnosis.

The law also provides that “a post-traumatic stress injury suffered as a result of a disciplinary action, job or performance evaluation, job transfers or employment termination shall not be compensable.” Section 301(g)(6).

Like with all new laws, the courts will likely have to flesh out some details, such as what constitutes mass casualties or what does exploitation of a minor mean? Can a claimant still attempt to show that an injury was caused by an abnormal working condition to get around the 104 week cap on benefits? But clearly this new law is a step in the right direction to protect our first responders, and it providers far more opportunity for them to seek redress than the currently existing law. There will be plenty of opportunity for good lawyering as new cases are brought under the new law. All workers’ compensation claimants are well-advised to seek advice from a certified specialist workers’ compensation attorney when dealing with the workers’ comp system in Pennsylvania.