There’s no question that first responders – whether they are Emergency Medical Service (EMS) workers, police officers, firefighters or others – encounter some of the most tragic scenes possible. But first responders are only human, and the human suffering and trauma that they witness on a daily basis can take its toll on their mental health over time. That can lead to mental health conditions such as post-traumatic stress disorder (PTSD) and others that affect their ability to work.
That’s why lawmakers in Pennsylvania have taken a significant step forward to correct a longstanding gap in the state’s workers’ compensation coverage.
What’s about to change?
Under prior workers’ compensation laws, first responders are ineligible for coverage for mental health issues such as post-traumatic stress disorder (PTSD) when the issue stems from what the courts have previously deemed their “normal” working conditions.
Senate Bill 365 changes that. In essence, the bill acknowledges that constant exposure to death, serious injury and mass casualties is not “normal,” no matter who you are or what your job is.
Introduced by Sen. Camera Bartolotta and bolstered by contributions from Rep. Jennifer O’Mara, SB 365 has enjoyed bipartisan support in both the state Senate and House – and it was signed by Governor Josh Shapiro on October 29, 2024 as Act 121 of 2024. It goes into effect in one year.
Next year, first responders will be able to file successful claims for post-traumatic stress injuries (PTSIs) without having to first prove that they experienced “abnormal” working conditions for their job. Claims are also permitted retroactively for up to five years, but must be filed no later than three years after the date of a qualifying diagnosis, and benefits are limited to two years.
Advocates say that it’s time to treat mental health issues the same way that physical health issues are regarded – and the stigma surrounding mental health disorders needs to end. Allowing workers’ compensation claims for PTSIs is a step in the right direction.
If you’re struggling with a mental health disorder related to your occupational exposure to a traumatic event, seek legal guidance from a certified specialist workers’ compensation attorney. New pathways to compensation and treatment will be opening soon.